Are counter-affidavits effective in credit card collection cases? – Houle v. Capital One (Tex.App. 2019) (summary judgment appeal)

Last Friday the Supreme Court of Texas decided two debt collection cases. In Godoy v. Wells Fargo, the Court approved and enforced a contractual waiver of the 2-year statute of limitations applicable to deficiency claims, and judicially substituted the four-year statute of limitations generally applicable to suits on debt. This decision came in a case where the bank sued the guarantor of a commercial note when foreclosure of the mortgaged property did not cover the remaining loan balance. While affirming summary judgment for the bank because its claim was not barred under the four-year SOL, the Court reaffirmed that a blanket contractual waiver of all statute-of-limitations defenses is against public policy in Texas and therefore unenforceable. See Godoy v. Wells Fargo Bank, N.A. [opinion in pdf] No. 18-0071 (Tex. May 10, 2019).In Houle v. Capital One the Court issued a summary denial of the defendant's petition for review, letting stand the…

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