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  1. #1
    Join Date
    Oct 2013
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    Angry Raising a Statute of Limitations Defense in a Lawsuit for an Old Debt

    My question involves collection proceedings in the State of GA: Does the SOL apply for NH or GA? This credit card account has been long charged off. The debt was also bought by Portfolio Recovery Associates and no longer belongs to Capital One. Now, out of the blue I am being summoned to court by PRA.
    The account was opened in May of 2009 in New Hampshire. I was served papers two days ago in Savannah, GA. It was for a credit card and the debt was purchased by Portfolio Recovery Associates. The balance on the card states charged off balance 0 on my credit report. I thought that this has been taken care of years ago.
    When does the SOL start running? I am a bit confused by that.
    I will also add my last payment to them was 11/2009

  2. #2
    Join Date
    Sep 2013
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    244

    Default Re: Lawsuit for an Old Debt. Question About Statute of Limitations

    sol starts at last payment date ... 11/2009

    NH sol would apply.

    you should start discovery.

  3. #3
    Join Date
    Mar 2013
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    18,340

    Default Re: Raising a Statute of Limitations Defense in a Lawsuit for an Old Debt

    Let's start with the charge off. A charge off is just an accounting term that allows the lender to write off the bad debt as a tax deduction. You still owe the money. Whatever money the lender got from the collection agency is a credit against the tax write-off. You still owe the full amount to whoever purchased the debt and is now suing you. You also owe accrued interest, late charges, and attorney fees. I'll bet you are being sued for a lot more money than the original balance was, right?

    The SOL for GA is 6 years and the SOL for NH is 3 years.

    The SOL starts running when you defaulted on the debt. If your last current payment was 11/2009 then the debt was probably in default when the next payment became past due. If you were already in arrears then it could be earlier.

    Unfortunately, NH statutes toll the SOL (stop it from running) when you leave the state:

    508:9 Defendant's Absence. – If the defendant in a personal action was absent from and residing out of the state at the time the cause of action accrued, or afterward, the time of such absence shall be excluded in computing the time limited for bringing the action.

    Let's say the deadline for the lawsuit was 12/2012.

    If you moved away from NH prior to 12/2012, the lawsuit would still be within the SOL because the time you lived in GA doesn't count.

    Conclusion: You don't have an SOL defense to raise.

  4. #4
    Join Date
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    Default Re: Raising a Statute of Limitations Defense in a Lawsuit for an Old Debt

    Quote Quoting mrscrm
    View Post
    Does the SOL apply for NH or GA?
    Are we to infer that you're being sued in the Georgia courts?

    Georgia has no "borrowing statute" that would apply a foreign statute of limitations to a Georgia lawsuit, and has historically followed the principle that limitations periods are procedural in nature, not substantive law, and thus that the law of the forum (i.e., the Georgia statute of limitations) would apply to a suit filed in Georgia. However there is case law indicating that Georgia will avoid reviving a lawsuit that has expired in the state where the cause of action arose, and also that if there is a contractual provision calling for a particular state's laws to be applied to a transaction or a contractual adjustment of the limitations period, the contract may be binding on the parties. Given the sparse case law and lack of a statute to clarify the situation, I suggest discussing your case in detail with a lawyer in your state who has also had the opportunity to review your credit card contract.

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