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  1. #1
    Join Date
    Aug 2007
    Posts
    4

    Default Case Law for Statute of Limitations in Georgia

    It seems like I have searched the ENTIRE internet looking for Georgia
    case law that supports using the SOL defense for credit card lawsuits.
    I have lawsuits on debt over four years old and have read that Georgia courts are split on the issue of credit card contracts being written (six year SOL) or open accounts (four year SOL).
    In preparing my answer to the courts, I have cited GA code 9-3-25 and the TILA definition of open account but I feel I could really put the nail in the coffin if I can cite a case for precedence ruling in my favor.
    The best place I have found is http://www.lawskills.com/
    but could not find a case that resembles mine. No credit card cases.
    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Re: Case Law for SOL in Georgia

    Unfortunately, I don't think you will find a case. If there were such a ruling, binding on lower courts, there shouldn't be a split.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Case Law for SOL in Georgia

    I don't have a case either. However, Ga. is one of the states where more & more courts are considering credit cards (unless it's a store card) as a written contract. I have read some info by a debt collector, who is trying to keep up with the SOL rules in all states, that some consumers have gotten back to him that the longer written contract SOL was used in Ga. It's hard to say what any individual court will do.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  4. #4
    Join Date
    Aug 2007
    Posts
    4

    Default Re: Case Law for SOL in Georgia

    I don't know if I should start a new thread for this or post reply.
    But here it is:
    I used the SOL as a defense but the Plaintiff produced a statement showing the account was still open during the four period.
    (The court has recognized the four-year SOL for my case here in GA)
    And the Judge denied my motion to dismiss and declared the debt did not exceed the SOL based on the account statement.
    Everything I have read about the start of the SOL clock says from last payment. My account was delinquent more than four years ago but not closed and so I got statements for many months after I stopped sending money.
    I need something written that states when the clock begins on the SOL.
    Where is it written officially or with some authority or creditability that the SOL begins when you make the last payment or when you first default?

    Thank you,
    Ken Adams

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,656

    Default Re: Case Law for SOL in Georgia

    Quote Quoting 9-3-25. Open accounts; breach of certain contracts; implied promise; exception
    All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.
    The argument you would make is that their cause of action on the account accrued when the account became delinquent, regardless of what happened afterward. You may be able to find case law specifying when the cause of action accrues under that particular statute by browsing the cases listed here.

  6. #6
    Join Date
    Aug 2007
    Posts
    4

    Default Re: Case Law for SOL in Georgia

    Quote Quoting aaron
    View Post
    The argument you would make is that their cause of action on the account accrued when the account became delinquent, regardless of what happened afterward. You may be able to find case law specifying when the cause of action accrues under that particular statute by browsing the cases listed here.
    Thanks Aaron, I'm on it.
    My backup plan is to get a lawyer from my own county.

    Ken

  7. #7
    Join Date
    Aug 2007
    Posts
    4

    Default Re: Case Law for SOL in Georgia

    Quote Quoting KenAdams
    View Post
    I don't know if I should start a new thread for this or post reply.
    But here it is:
    I used the SOL as a defense but the Plaintiff produced a statement showing the account was still open during the four period.
    (The court has recognized the four-year SOL for my case here in GA)
    And the Judge denied my motion to dismiss and declared the debt did not exceed the SOL based on the account statement.
    Everything I have read about the start of the SOL clock says from last payment. My account was delinquent more than four years ago but not closed and so I got statements for many months after I stopped sending money.
    I need something written that states when the clock begins on the SOL.
    Where is it written officially or with some authority or creditability that the SOL begins when you make the last payment or when you first default?

    Thank you,
    Ken Adams
    I found caselaw in GA that defines when the SOL clock begins ticking.
    It begins when the right of action occurs, that would be when I first default on the agreement.
    http://www.lawskills.com/case/ga/id/8142/

    Wish me luck (and prayers) on my cases and good luck to you on yours.

    Ken Adams,
    Atlanta GA

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