QUESTION

Can a debt collector submit your collection case for a criminal charge

Asked on Jan 24th, 2018 on Debtor and Creditor - Texas
More details to this question:
I owe a $600 bill that is in collections. This is 5+ years old. The debt collector advised me they were going to pursue criminal charges. This is for the state of Texas.
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1 ANSWER

Min Gyu (Peter) Kim
Good afternoon Im sorry to hear that. A creditor could file a criminal case with the DA's office under the "hot check" statue. However, if the debt you are referencing is over 5 years, the likelihood seems unlikely. Also, keep in mind, here in the state of Texas, there is the 4 year statue of limitation where if a debt is over 4 years old (from the date you opened the account, used the account, made a payment on the account or acknowledge the debt as yours) then upon a civil lawsuit being filed, you can raise the affirmative defense of 4 yrs statute of limitation to have the judge deny the creditors request.  Alot of the times, debt collection companies will buy old debt and try to collect something on the debt. Anything they collect most likely will be a profit for them since they buy the debt for pennies on the dollar. At the same time, if you do have other debts that have been lingering, you may want to seek a legal recourse like a bankruptcy to elimiante all your unsecured debts (ie credit card, peresonal loan, medical bills, etc..) and get a fresh start to rebuild your credit and also have a peace of mind going forward Hope this helps and if you have any question please feel free to contact me if you live in Houston, TX or surrounding counties. Min Gyu Kim (Peter) Attorney at Law Law Firm of Min Gyu Kim PLLC Galleria Office 2100 West Loop South, Suite 805 Houston, TX 77027 Tel: (713) 259-3929 email: minkim@kimlylaw.com
Answered on Jan 30th, 2018 at 2:42 PM

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