Texas Debt Sol

Location: Texas

Hello everyone,

I'm hoping someone (a lawyer or legal assistant or someone who has experienced the same situation) can clear up some questions regarding the Statute of Limitations.

I get mixed answers when I try to Google this.

A 3rd party collector has been trying to collect a debt that is 3 years old, still under the 4 year SOL. I have already requested a debt validation and they have sufficiently validated it. Now the goal is to avoid a lawsuit where they can add additional interest and court fees.

My questions are:

If I make a small payment, will it restart the SOL?

If I write to them and try to offer a settlement amount, will it restart the SOL?

I have read two things.

1) Yes, the SOL may be restarted if you give a 3rd party debt collector a partial payment.

2) No, Texas does not allow 3rd party debt collectors to restart (or revive) the SOL on a debt. The start date stays the same — the date you defaulted on the original agreement with the original creditor/bank. The SOL can only be restarted if they get something in writing where you take responsibility for the debt and confirm that it is yours, or if you sign anything (a payment plan or a settlement offer). Furthermore, a debt collector cannot use recorded phone calls, it only applies if they have something in writing especially if you sign something. So if you send a letter with a settlement offer, you should write "for settlement purposes only" and that the letter "does not constitute an admission of liability". I also read not to sign it or e-sign it.

It's really stressing me out and I want to resolve this quickly, so I can put it behind me.

Thank you in advance. I appreciate your help!