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  1. #1
    Join Date
    Aug 2010
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    Default Georgia Statute of Limitations

    My question involves collection proceedings in the State of: Georgia

    Before January 2008, credit card debt in Georgia had a sol of 4 years. However, on an appeals case *In January 2008, the Georgia Court of Appeals ruled (Case No. A07A2338) the statute of limitations on an unpaid credit card bill was 6 years. The ruling doesn't change state law, but sets a precedent that future suits may cite.

    That was the case in Georgia when a Georgia Court of Appeals ruled (in Hill versus American Express) that the statute of limitations on an unpaid credit card debt was six years. The Georgia code sets the limit on open-ended accounts at four years. This means that if a creditor files a lawsuit against a debtor in that state, the six-year SOL would likely prevail in that court case.

    And of course, I'm sure all creditors will cry 6 year sol!!

    I have a few questions. Has "anybody" managed to pull a 4 year sol "since" the January 2008 court decision or do we really all have to now bow to the 6 year sol with no exceptions?

    It would at least be nice to think that the 2008 rule would take effect on cards defaulted "after" that time. Is there any defense in saying a default happened "before" the 2008 ruling?

    And I know that Georgia and the choice of law lands sol back on our doorsteps - being substantive and not procedural. But, what I don't understand is when you have a cardmember agreement that plain out says that the agreement will be governed by the laws of the state of Delaware or Virginia - how or rather why do we end up "still" having to use Georgia's sol?

    All the while, credit card companies chose to their benefit, Delaware, Virginia, etc., to reap the large interest and then they let the default sit and accrue all that interest. Then they get to switch hats and use to their benefit other states longer sol to let that interest accrue and then pounce right before the sol runs out! Can the courts not see what the credit card companies are doing?

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