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  1. #1
    Join Date
    Feb 2007
    Posts
    3

    Default Statute of Limitations Success in Georgia

    Hi everyone,

    I'm in Georgia and been served a summons today. This is for an old credit card for which I believe the statute of limitations has passed. I'm assuming they are pursuing me either because they think I won't show up, or because they intend to argue the written contract to use the longer SoL (6 years instead of 4). I have lots of questions...

    First, I was wondering if anyone has been successful in having a case dismissed in GA based on an affirmative defense that the statute of limitations of 4 years for a credit card has expired? If so did you use or consult an attorney or do it on your own? I've read through the threads with lots of advice and resources (y'all are great!), but haven't seen any best practices or lessons learned...

    Then, I have no idea how to file an answer to the summons. Is there a form or something? An outline? A process? There is nothing included in my summons. Other than the vague "complaint on contract" document, "supported" by a credit card agreement (not the one I signed btw, since it's copyright date appears to be later than the date my account went into default, couldn't be the credit card agreement signed 3 years prior...) provided as "Exhibit A", and of course the nebulous Summons sheet.

    I did receive a letter from this attorney's office attempting to collect and saying they might send a sheriff to my house, but it came more than the 30 days AFTER the date on the letter (I had mail being held at the post office for several weeks...) and they filed the summons the next day.

    At this point, upset doesn't cover it - I'm overwhelmed, a little scared, frustrated, and confused.

    Thanks for any info,

    Ash

  2. #2
    Join Date
    Jan 2007
    Posts
    26

    Default Re: SoL Success in Georgia?

    I had the exact same issue happen to me. I live in Atlanta, and got summoned in Oct 2006 for a credit card debt in which that last payment was Feb 2002. (Beyond the 4 year SOL for open accounts, but not the 6 year for written contracts) I discussed this on this forum.

    http://www.expertlaw.com/forums/showthread.php?t=19685

    This is what I wrote
    I live in Atlanta, GA. I had a FCNB credit card. Last payment was 2/1/02. Got a summons on 10/18/06. Filed my answer..."Expired SOL. Credit cards are open accounts which have a 4 year SOL." Court date was today 1/22/07. Went into the court room judge asked me my name and then told me to go outside and talk to plantiff attny (Wolpoff and Abramson). We went into the hallway and she told me that the GA law is unclear about a 4 yr or 6 yr sol. She said that the courts could go either way. She said if i went back into the courtroom she would argue the 6 yr statute. Now i had heard of the truth-in-lending act and how it related credit cards to being open accts. I had the statute number on my notes that i had prepared before my case. I was thinking about going back into the courtroom and using the Truth in Lending Act as my defense for the 4 year statute. I chickened out and agreed to a settlement for $1500 (on a $3000 suit). I'm wondering if i could have won and had to pay nothing or I made the right decision by settling for 1/2. I think the w&a attny thought i had a good chance of winning is why she offered a last minute settlement.

    I have other bad debts and have an attny trying to contact me to collect on another debt. I dont know what debt its for b/c i havent returned any of the calls (im scared to) and they havent sent me anything in the mail. I do know that whatever it is for its beyond 4 years b/c i had my financial trouble in 2002. Im wondering if this attny sues, if i should actually fight this one in court and use the SOL and Truth in Lending Act and argue that the debt is uncollectable.

    Thanks, answer me back!

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