I received a summons today regarding a credit card debt that is several years old. It is on the borderline of the Statute of Limitations --they are claiming a payment in Sept. 2003 -my records show the last payment was in JUne 2003. In Georgia the Statute of limitations is 4 years from date of default, and a payment does not stop the Statute. I sent the lawyer a letter a few weeks ago saying that the Statute of Limiitations had passed, and requesting a full accounting of the debt (with all payments). I have not received this.
Should I go to to the Court and fill an Intent to Defend, and hope that the they do not show up for court or that the judge will rule that the Statute has expired? Or should I try to work out a payment arrangement without going to court? They offered a lump sum settlement amount of $4500 (original debt is $5200), but I cannot afford a lump sum. The best I can do is pay $100 a month.
Thank you for your advice!