Payment resetting SOL contained by Texas? Hi, I have been combing though the TFC, and the business and

Hi,

I have been combing though the TFC, and the business and commerce code and only cannot seem to find anything concrete here.

I have 2 frail med collections that are almost out of the "reporting" SOL and have long been out of the 4 year "sueing" SOL. However, I lately discovered that payments can sometimes start the SOL all over again. But, in my research I enjoy found on various message boards, etc. that Texas does not allow payments to reset the SOL unless the account be brought current. It seems nobody can actually find the decree to back this up. Any help? I'm pulling my curls out here...lol.

Answers: I agree with ��infiniti�� in her posting of the Tx. SOL statute and her comments that the "collecting" SOL can be reset by a written (and signed) claim of acknowledgement.
A expense made by you in the form of a signed check could possibly reset the collecting SOL.

The Tx. statute concerning resetting the collecting SOL:

�� 16.065. Acknowledgment of Claim An acknowledgment of the justness of a claim that appears to be barred by limitations is not admissible surrounded by evidence to defeat the law of limitations if made after the time that the claim is due unless the acknowledgment is within writing and is signed by the party to be charged.

Even if your account near the original provider has be charged off, the collecting SOL could be reset by the actions mentioned contained by the statute above.

As for the reporting period (per the FCRA)
Once the account have been charged off by the imaginative provider "no payment" can legally allow the reporting period to be re-aged.
If a compensation was made "after" the account be charged off, it still must be removed from your reports on the "original" removal date.

eta

Whether you go by the Tx. 4 year SOL statute or the UCC 4 year SOL statute (for merchandise & services), if there was a pay by check that was signed by you, there is plenty of baggage law that would prove it is enough to reset the collecting SOL.
Though it would be up to the Plaintiff to use it against you if they sue.
If you rewarded in cash, or if someone else salaried that account by a check that was signed by them, and you never signed a written acknowledgement of the debt, consequently the SOL would not be reset.

If you are sued and lose, the judgment (not the original account) can use the date the shrewdness was entered as the reporting start date.

In Texas medical services are "sworn" accounts. If you are sued next any defense/denial you make would have to be sworn.

Re: Texas Rules of Civil Procedure (RCP):

TRCP 185 SUIT ON ACCOUNT
When any achievement or defense is founded upon an open account or other claim for products, wares and merchandise, including any claim for a liquidated money demand base upon written contract or founded on business dealings between the parties, or is for personal service rendered, or labor done or labor or materials furnished, on which a systematic journal has been kept, and is supported by the affidavit of the entertainment, his agent or attorney taken before some officer authorized to administer oaths, to the effect that such claim is, inside the knowledge of affiant, just and true, that it is due, and that adjectives just and lawful offset, payments and credits have been allowed, matching shall be taken as prima facie evidence thereof, unless the party resisting such claim shall file a written denial, beneath oath. A party resisting such a sworn claim shall comply with the rules of pleading as are required within any other kind of suit, provided, however, that if he does not timely file a written denial, lower than oath, he shall not be permitted to deny the claim, or any item therein, as the case may be. No particularization or description of the nature of the component parts of the justification or claim is necessary unless the trial court sustains special exceptions to the pleadings.

One other thing to preserve in mind, if the medical provider received any funding from the state or fed management at the time of your service, there may be no SOL. The debt could possibly be claimed as any other fed/state backed debt.
If they ever claim it, next it would be up to you to make the Plaintiff prove the medical provider received that type of funding at the time of the service you received.
(generally hospitals get that type of funding, private practice mostly does not)

What I've posted is probably not what you want to hear and I wish I could have posted something more positive for you.

All I can vote is to look for any and all violations they may enjoy committed, in their correspondence to you, in their reporting on your credit reports, etc., etc., etc.
When/if you discover violation, keep a paper trail of them.
If they do profile, hit them with counterclaims on the violations, using not single the FTC FDCPA & FCRA, but also under the Texas laws - i.e.:
the Texas Debt Collection Act, the Texas Deceptive Trade Practices-Consumer Protection Act and also the Texas Regulation of Consumer Reporting Agencies Act.

The Texas Civil Practice & Remedies Code provides a 4-year limitations length for types of debt. The SoL begins after the day the exact of action accrues, (Section 16.004 (a) (3)).
In Texas the collecting SOL cannot be reset unless acknowledgment of the debt is contained by writing and is signed by the debtor.
Making a payment by check is a written acknowledgment. Making a payment contained by cash and getting a receipt from the creditor that doesn't contain your signature is not a written acknowledgment.
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