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  1. #1
    Join Date
    Dec 2011
    Posts
    1

    Default Judgement Granted on Debt Outside of Statute of Limitations

    My question involves collection proceedings in the State of: Georgia

    I recently found out that a debt incurred in 2000 was granted a judgement against me in 2008. It is my understanding that this is outside of the statute of limitations in Georgia, however it was granted without my knowlegde and I was not represented at the hearing. I recently received a Certification of Service of Garnishment of Defendant and have about 30 days to answer. I need any advice on handling as if push comes to shove I will have to file bankruptcy because there is no way I can afford 25% of my gross being garnished in a single income household.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,647

    Default Re: Judgement Granted on Debt Outside of Statute of Limitations

    the statute of limitations is only available as a defense if it is used affirmatively. That means when sued, you would need to present your defense of the SOL having expired. Since you didn't do that, they received their judgment.

    The only argument you might have is that you were not served properly or at all. You need to research the actions taken when you were sued to see if you were served properly.

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