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  1. #1
    Join Date
    May 2010
    Location
    Georgia
    Posts
    3

    Exclamation Notice of Collections for Eight-Year-Old Credit Card Debt

    My question involves collection proceedings in the State of: Georgia

    Today my husband was served with a collections notice from the sheriff. The debt itself is 8 yrs old. Apparently the attny for the credit card filed this stuff in court in 2008. He only got served now in 2010. Currently he is out of work on comp and I'm on disablity so our assets are nil at the moment. However what should be our first steps to resolving this? Our combined yearly income this yr will be less than $10k due to his comp status. Please help! TIA

    WildKat

  2. #2
    Join Date
    May 2010
    Location
    Georgia
    Posts
    3

    Exclamation Re: Notice of Collections for Eight-Year-Old Credit Card Debt

    I'll try to fix my ramblings...

    My husband was served today, May 27th 2010 in regards to an 8 yr old debt that he stopped paying on in 2002. The firm handling the case for providian apparently filed this in court 9/11/2008 and the local sheriff only received the papers to serve on May 15th.

    I am getting varying info regarding credit card debt in GA I understand the federal government defines credit cards as open contacts.

    Making it 4 yr SOL period under GA statutes for open contracts.

    However, I have also seen credit cards be termed written contracts under GA statute and thus have a 6 yr SOL.


    In addition to this what defense does he have? He doesn't deny the debt however when the CA's have called he's explained that at that time he had no meaningful income at that time and they'd try to harrass him into paying or threaten to garnish my income tho I'm not on the account. We share a bank account and a car, the rest of the property is my legal property. Should I open a separate account to put my Social security? TIA.

    Also, it came to mind....my mother in law may have paid on this account at some point. She has a habit of going behind our backs and "fixing" things. If he did not pay on this account but she did regardless of if she had permission to do so, can he argue that point?

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Notice of Collections for Eight-Year-Old Credit Card Debt

    Why does your MIL have access to this kind of information?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Notice of Collections for Eight-Year-Old Credit Card Debt

    Looking at Jones v Brown, 299 Ga. App. 418, 683 S.E.2d 76(2d Cir, 2009), it looks like you may have a defense based upon the plaintiff's lack of due diligence in serving you, coupled with the statute of limitations.

    I won't speculate on what your mother-in-law may or may not have done, and how that might affect the situation. If you have facts to share, please do share them.

  5. #5
    Join Date
    May 2010
    Location
    Georgia
    Posts
    3

    Default Re: Notice of Collections for Eight-Year-Old Credit Card Debt

    Because as his mom she has his social security # and used to keep track of his debts and pay on them when she didn't think he would. Went so far as turn turn off his cellphone, our home phone any anything else she thought was extravagant. It's annoying but can't change her. If she won the lotto tomorrow she's go in and pay off his debts even if he said no.

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