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  1. #1
    Join Date
    Aug 2011
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    2

    Default Sued for Nonpayment of Credit Card

    My question involves collection proceedings in the State of: Georgia.

    I recently received a summons stating that a claim has been filed against me for outstanding debt.

    I qualify for Ch. 7 but I want to know if I have any other options, since I am unable to pay this debt in the amount of $8900.

    The account was started in MS 2006 and my last known payment was Aug 2007. I've seen a lot of talk about SOL which state would this apply to? MS or GA(where i currently reside)?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Sued for Nonpayment of Credit Card

    If you owe credit card debt from less than six years ago (and 2007 is less than six years ago) you can be sued over that debt in Georgia.

    You haven't told us when you moved to Georgia, but merely having applied for or opened an account in another state doesn't mean you cannot be sued for debt you accrue on the account in another state or that the new state's statute of limitations won't apply. For the statute of limitations issues we would need to know when the cause of action accrued (you've suggested @August, 2007 - the time of default) and where you lived at that time.

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Sued for Nonpayment of Credit Card

    Hi, thanks for your response.

    The last payment of record is Aug. 24, 2007. I am not certain that a payment wasn't made after that, but I doubt it. I moved to GA on Aug. 31st.

    I hope this additional information helps.

    Do I have any other options other than Ch.7?

  4. #4
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    Sep 2005
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    Default Re: Sued for Nonpayment of Credit Card

    Absent a borrowing statute, a venue will normally treat a statute of limitations as procedural law, not substantive law, and thus apply the law of the forum state. Georgia does not appear to have a borrowing statute, and its statute of limitations for credit card debt has been clarified by statute as six years. Thus, even if you make the case that the cause of action accrued in Mississippi (and that may not have been the case, as it appears you had moved before you first missed a payment) it would appear that Georgia will apply a six year limitations period.

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