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  1. #1
    Join Date
    Aug 2007
    Posts
    5

    Default Answering a Summons for Credit Card Debt

    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!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    74,906

    Default Re: Answering a Summons for Credit Card Debt

    If they filed their lawsuit before the statute of limitations ran, that's no longer available as a a defense. Also, some Georgia courts are reportedly applying the six year contractual limitations period to credit card debts. Try raising the statute of limitations and see what happens. If you can settle the debt that's fine too, but it doesn't sound likely.

  3. #3
    Join Date
    Aug 2007
    Posts
    5

    Default Re: Answering a Summons for Credit Card Debt

    This is Probably a dumb question, but.... when I go to file the Intent to Defend, is it a form that I fill out at the court? or is it something that I need to have typed up before I go? Does it have to be notarized?

    And is the same true for filing Discovery or a Request for Production of Documents?

    Thank you for your time and help!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Answering a Summons for Credit Card Debt

    Typically they're documents you prepare yourself. You can ask the court if they have any forms you can use as a basis for your pleadings. You can read Georgia's court rules here.

  5. #5
    Join Date
    Aug 2007
    Posts
    5

    Default Re: Answering a Summons for Credit Card Debt

    Thank you for your response.

    Can I file the Intent to Defend and the Request for Production of Documents at the same time?

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