[tsims720]

I just received a summons for suit from Capital one which is an old credit card debt. According to my credit report the last date of payment was 2/2002. The summons was filed in court on 3/06/2008 and I received it today 3/13/2008. My question is will I be able to respond with SOL because it has been over 6 years if we use the date from Credit file? Is it to late to ask for validation. I have never received anything from the attorney about this account the court summons was the first I had an opportunity to deal with it.

Any help is greatly appreciated.

[Betty3]

Are you saying you received a summons to court? If so, you need to go. When you go to court, use the SOL has expired as your defense.

[GreatGadsby]

but be aware, most courts will not allow the date on your credit report to be admissible as the credit report is hearsay evidence.

[sammad180350]

what can be used as evidence

[GreatGadsby]

it's up to the judge and the rules of evidence in your state/local court, but you would be better off with original statements from crap1

[sammad180350]

Is it true that the sol on credit card debt in Ga. is 6ys and written and not open debt. In Ga. open is 4yrs. I had a suite filed 5.5 months since last activity

[delila6]

It appears that in Jan 2008 Ga passed a law to make cc debt 6yrs SOL.

[tsims720]

How should statue of limitations be counted by last activity, date of last payment? Can tolling an account count against a person. Credit report states date of last activity 2/2002 but show a late payment activity beginning 9/2002. From my readings that is referred to as tolling an account. The company gives you 6 months to pay after the 6 months you are considered in default. If this is the case how can a person use SOL?

[Exhausted]

It appears that in Jan 2008 Ga passed a law to make cc debt 6yrs SOL.

Can you link to a source on this?

[Exhausted]

I just received a summons for suit from Capital one which is an old credit card debt. According to my credit report the last date of payment was 2/2002. The summons was filed in court on 3/06/2008 and I received it today 3/13/2008. My question is will I be able to respond with SOL because it has been over 6 years if we use the date from Credit file? Is it to late to ask for validation. I have never received anything from the attorney about this account the court summons was the first I had an opportunity to deal with it.

Any help is greatly appreciated.

CrapOne usually keeps all their accounts in house, so the attorney would never contact you before serving--all they do is the legal work Crapone provides to them. However, certainly you have heard from CrapOne before this summons arrived.


Yes, you can answer as: this action is time barred pursuant to O.C.G.A. 9-3-25. You will also want to offer up some affirmative defenses too. You can ask for validation through Discovery---however you probably will get some validation from them b/c they are hard core. If they can prove you are within SOL in response to your discovery request, then you may be sunk.

It does sound like your account is OSOL, 4 or 6 years. Use that defense..it's up to them to prove their case.

This is all my opinion through experience in dealing with litigation. Use at your own peril.