SOL TX/Debt Validation Non-compliance

[DOCK]

What is the name of your state? TEXAS

Jun 2003 my auto was repoed while awaiting disability annuity. Aug 2003, the auto was auctioned without informing me of the location/date/time of the auction which is against the law.

Account was turned over to CA for defieciency amount. Oct 2005, I sent a CRRR ltr requesting validation of the the debt to the CA which they DID NOT reply to even though they DID receive the validation ltr.

Aug 2006, I rec'd a call still requesting the amount for which I stated they did not validate the debt. I was informed, "That I'd BETTER have the money or they would sue!"

TX SOL is 3 yrs. Since they didn't validate the debt what recouse do I have? Does the SOL start at the time of repossession (Jun 2003)? Should I send a cease contact ltr?

Thanks!!

 

[Debt Guy]

Q. Jun 2003 my auto was repoed while awaiting disability annuity. Aug 2003, the auto was auctioned without informing me of the location/date/time of the auction which is against the law.

A. I don't know if there is a legal issue here. How do you know "it is against the law". What have you done about it? Did you file a lawsuit against them? If not, you have probably lost your right to a counterclaim.

Q. Account was turned over to CA for defieciency amount. Oct 2005, I sent a CRRR ltr requesting validation of the the debt to the CA which they DID NOT reply to even though they DID receive the validation ltr.

A. So what? Did you dispute during the 30 day period immediately following the first contact? If not, then they are not in violation of anything. If yes, then you can sue them if you can prove the violation. Have you discussed this with a debtor rights attorney?

Q. Aug 2006, I rec'd a call still requesting the amount for which I stated they did not validate the debt. I was informed, "That I'd BETTER have the money or they would sue!"

A. Don't see anything illegal in their conduct. Rude and nasty is not illegal.

Q. TX SOL is 3 yrs. Since they didn't validate the debt what recouse do I have?

A. Wrong. TX SOL is 4 years. Besides, they are only required to respond to your validation request under a very limited condition. Go to www.ftc.gov and read the FDCPA.

Q. Does the SOL start at the time of repossession (Jun 2003)?

A. You will get different answers to this question and the answer is not perfectly clear. In my opinion, the trigger date for SOL is the date they sell your vehicle at auction since that was the last "payment" on the account. Others will tell you the SOL begins on the date you last made a payment before the reposession. In any event, your SOL will not expire until sometime in mid to late 2007. By the way, expiration of SOL is not a bar to being sued. It is merely an affirmative defense.

Q. Should I send a cease contact ltr?

A. Why? Do you owe the money? What is your goal? How adverse are you to being sued? In my opinion, you are still within the SOL for TX. Sending a cease communication letter is a sure way to trigger the lawsuit. Maybe you would be smarter to just make a deal and settle this?

 

[TigerD]

Actually Texas is an answer required state.

I suggest following up on it


DC