Summons and SOL in Georgia

I received a summons for an old CC debt recently in which I returned a SOL letter stating that the debt expired and that I dispute it. Here is the outline:

“I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in (insert your state or the state in which the contract was signed) has expired. Therefore, should you decide to pursue this matter in court I intend to inform the court of my dispute of this debt and that the "statute of limitations" has expired.
This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws.
Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I tape record all phone calls and violations of the FDCPA can result in you or your company being personally fined up to $1,000 per incident.”

I live in Georgia and the SOL is 4 years correct? The account went to collection on 04/2001 and I have never made a payment on it since then.

A week after I mailed the SOL I received a letter from them stating that the SOL in Georgia was 6 years and that there was “activity” on the account as of September 3 (yet I received their letter on August 28) and that I should still contact them to make arrangements, or words similar; to which I never contacted them.

Then 2 days ago they sent me the “Plaintiff’s Interrogatories and Request for Admissions and also Request for Production of Documents”. What should I do and what does it mean?

sounds like they're suing you, and you need to send an answer to the court and raise the SOL defense, don't waste more time writing to the company.

Quote:

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Quoting GreatGadsby

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sounds like they're suing you, and you need to send an answer to the court and raise the SOL defense, don't waste more time writing to the company.

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Thank you.
Should I hire an attorney or do you think I should be able to do this myself. If I go myself what type of proof should I have with me since they say that the SOL is 6 years here in Georgia? I’m sure the account has been sold many times over.

I also live in Georgia. Please PM me and let me know the agency trying to sue you. I want to know if it's the same idiots that want to sue me.

Don't let them tell you the SOL is 6 years; that is for a written contract. A credit card is ALWAYS an open ended account. I know of a site that has proof you can use in court to show that a credit card is an open account. These scumbags try to say that the SOL is 6 years.

If they are trying to say there is any activity on the account, they are lying. Plus, Georgia's laws state that the SOL starts when the account went into default. The only way the SOL can start over in Georgia when you make a payment is if you send payment with WRITTEN acknowledgement of the debt.

I also want to mention something to you, although I'm not 100% sure of this. I heard these places send fake "court type documents" all the time. Usually, you have to be SUMMONED to appear in court. Did you get summoned or receive that last letter in the mail?

This is what you can use in court if they try to use the "a credit card is a written contract" tactic.

The Truth in Lending Act, Title 15, Chapter 41, Section 1602 (i) clearly defines what a credit card account is.

(i) The term ''open end credit plan'' means a plan under which
the creditor reasonably contemplates repeated transactions, which
prescribes the terms of such transactions, and which provides for a
finance charge which may be computed from time to time on the
outstanding unpaid balance. A credit plan which is an open end
credit plan within the meaning of the preceding sentence is an open
end credit plan even if credit information is verified from time to
time.

not to put too fine a point on it, but being an "open ended account" or "open ended credit plan" is not always the same as an "open account" for SOL purposes. typically the "open acct" SOL is shorter, so I wish you luck. but it is not always so.

This is what it states on the Georgia general assembly site:

"9-3-25.
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."

http://www.legis.state.ga.us/cgi-bin...pl?code=9-3-25

I can't seem to find Article 2 of title 11 though.

Start here - it's Georgia's codification of the Uniform Commercial Code.

This will also help. It shows where credit cards are exempt from "written instruments" (written contracts):

http://www.legis.state.ga.us/cgi-bin...?code=11-9-102
(48)
'Instrument' means a negotiable instrument or any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in ordinary course of business is transferred by delivery with any necessary indorsement or assignment. The term does not include (i) investment property, (ii) letters of credit, or (iii) writings that evidence a right to payment arising out of the use of a credit or charge card or information contained on or for use with the card.

This section prohibts re-aging of SOL unless in writing:
9-3-110.
A new promise, in order to renew a right of action already barred or to constitute a point from which the limitation shall commence running on a right of action not yet barred, shall be in writing, either in the party´s own handwriting or subscribed by him or someone authorized by him.

Great, Thank you!
I went friday to the courthouse and filed my response to the summons which I did not originally do, so I had to pay $100 for filing late, but at least it did not go into default. Now I have to send it to the Plaintiff again.

I also spoke to two different law offices and one wanted to take care of this for me by filing everything while the other want me to file bankruptcy. During my conversation with them I felt rushed to "purchase" their service rather then get to what was the best choice for me. Nevertheless, I made an appointment for next week for a 30 minute consultation.

Erickamary, PM sent.