What is the statute of limitations in a collection defense law case?
The statute of limitations in a collection defense law case in Texas is four years. This means that a plaintiff has four years, from the date the debt was incurred, to bring a legal action to sue the defendant for failure to pay the debt. The defendant then has the right to challenge the debt’s validity, raising collection defense law issues. If the defendant files a dispute within the four-year timeframe, the plaintiff may choose to work out a payment plan with the defendant after providing proof that the debt is valid. If the defendant does not dispute the debt in the four-year timeframe, they are deemed to have waived their right to contest the validity of the debt. This means the defendant can still be held liable to pay the full amount of the debt. Under the Texas Collection Defense Law, both the plaintiff and defendant have the right to demand documents from one another in order to prove their respective arguments. Additionally, the plaintiff also has the burden of proving that the debt was valid and obligated by the defendant within the four-year period. If the plaintiff does not provide evidence within the statute of limitations, then the defendant cannot be held liable for the debt.
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