I know someone is saying to themselves, "If I only had a dime for every one of these posts."
I was living in Florida at the time. The account was opened in 09/1999, the last activity was in 10/2000, and the account was closed on 06/2001. I owe about $1500.00
I now live in Georgia and have since 12/2000.
So I get a summons out of the blue in June for state court here in GA, by some agency that has bought out my old account.
So having to reply to the summons, I put that it was my understanding that the SoL for credit card debt had expired in the state of GA.
Well, received a fat envelope from their attorneys today with the plaintiff's 1st interrogations and requests for admissions.
Guess I was wrong about the SoL!? Can they sue me in GA using Florida's SoL? I read there was a loop hole in FL's SoL, have I fallen through that loop?
What I really would like to know is, how am I supposed to respond to this newest thing without the representation of a lawyer. If I can't afford $1500.00 to pay them off, then I sureley can't afford an attorney. Speaking of attorneys, all the ones I have called suggested either a payment plan which the company may not even accept at this point, or bankruptcy, which now that I'm married would ruin my husbands credit.
Below is the summons and then first interrogatories and requests for admissions.
served june 29,06
1. I live where I live and am subject to the venue and jurisdiction of said court
2. That this is an action for damges that is within the courts jurisdictional limitations
3. The defendant entered into a written credit agreement with said credit company for the extension of credit
4. The plaintiff is the owner and holder of the debt pursuant to an assignment agreement fromt he original creditor
5. That all conditions precedent to the bringing of this action have been met and or waived
6.The defendant by execution of the application and or by use of the credit card has accepted the terms and conditions of the credit card holder agreement
7. That defendant caused various charges to be made through the use of said card
8. Notice as required by the fair debt collection, etc is attached as exhibit A
Count One Breach Of Contract
9. The defendant breached the agreement referred to in paragraph 3 by failing to pay the sum of money due in accordance with the terms and conditions of that contract
10. Plaintiff has made demand upon defendant for payment but defendant still has failed to pay as agreed
11.The defendant owes plaintiff the principal sum of $1149.73, plus prejudgment and postjudgement interest at the maximum legal rate, reasonable attorney fees, and all court costs etc etc
12. The credit agreement entered into by the defendant provides for attorneys fees if the plaintiff is required to pursue litigation to collect on this debt
13. Plaintiff has retained the undersigned attorneys, obligated to pay them and etc.
I responded to this suumons, by stating that it was my understanding that the SoL in the state of GA had expired for the credit agreement reffered to in the summons, and that I wished this matter dropped. I am smacking my head for not disputing the debt also, but now my 30 days have passed.
Now the interrogatory stuff
Int #1 give full name, address, dob, ss# and drivers license #
Int#2 Please state in detail the factual basis for each and every defense defendant has to this lawsuit
Request for Admission #1 defendant aknowledges the amount alleged due in plaintiffs complaint is accurate
Int #3 If I deny the above, state in detail the factual basis for such denial and state the amount which I allege I owe
Int#4 State the date, amount and method of payment for each and every payment made by defendant to plaintiff
Request For Admission #2 defendant has never notified plaintiff that defendant disputes validity of the debt
Int #5 If defendant denies above, state in detail factual basis etc etc
Int #6 Identify all documents sufficiently to become the basis of a request for production upon which defendant relies in the defense of this action
Then it is followed by a request for every document known to man in regard to this case.
Unfortunately I am not legal wise at all and have no idea how to handle ther above. Thanks for reading if you made it this far and sorry for the excessive length.