Statute Of Limitations In Texas

[tilman]

I work in Property Management and we have a lease with a retailer, she is a current retailer and she is quoting that past due balances stemming as far back as 1999 aren't collectable because the statute of limitations has expired.  Is she correct?  Can we not collect any items going back to 1999 even though she received her monthly statement every month with these balances?  Please advise.  Thank you so much!

ANSWER: If this debt is beyond 4 years you cannot collect it. It would be difficult to collect your money in TX, garnishment not allowed. Unless you have a judgment I am afraid your debt is uncollectible. The statute runs from the date of last payment or other activities such as a charge on the account by the debtor. You may for a period report the item on their credit report(unless they wish to pay). Offer her a deal to keep it off her credit. If they are a corporation contact Dun and Bradstreet.

---------- FOLLOW-UP ----------

Okay, but just to confirm, we have been billing the retailer a monthly statement with their current month's rent and the past due balance.  They always only pay the current month's rent.  Can they still quote "statute of limitations" when clearly there are charges and credits currently occurring on their account?  Please advise.  Thank you so much for your assistance!  This has been most helpful!

[Darick]

No, the statute of limitations does not apply here. If they are paying but never catch up you can still collect your money. The statute runs from the date of the last activity which clearly is recent. Collect your money. Give them an ultimatum or some incentive to pay it or do what you have to do to collect it. Have charges accumulated? How much money are you speaking of?