Breach of contract / credit card debt / State of Texas / JP COURT

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Anonymous Feb 17, 2012 Business Contracts 2 views 2 answers

Once the bank writes off your account ( 3 1/2 years ago ) Does that change the status of the account? As I understand it, a credit card from a National bank is an express account as opposed to an implied account. Does this turn into just money owed or is it still presented as an expressed account ? SOL is still in affect and they have a right to sue. I am not questioning their rights just curious about mine -Your thoughts welcome and have a great day !!

Attorney Answers

Gary Armstrong

Gary Armstrong · Jun 15, 2026

There are good legal arguments that the debt is not an account at all, but just a breach of contract. Either way, the statute of limitations is 4 years. The question is when it starts. Some would say that it starts on chargeoff because that is the end of dealings under the "account" theory. Some would say that it is when you defaulted under the contract and never cured that default thereafter, under the 'breach of contract' theory.

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Robert Murillo

Robert Murillo · Jun 15, 2026

The write off is an accounting matter. It does not change the relevant statutes of limitations.

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