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  1. #11
    Join Date
    Sep 2010
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    18,439

    Default Re: Collections Calling Again

    They'd be stupid to sue you. Not only is the SOL likely an absolute defense, but it then opens them under GA law to penalties for violating the state collections law.

  2. #12

    Default Re: Collections Calling Again

    as well as a violation of the fair debt collection practice act which would allow you to collect attorneys fees and court costs against them if you win.

  3. #13
    Join Date
    Jan 2006
    Posts
    37,686

    Default Re: Collections Calling Again

    Folks, there isn’t enough info to say, absolutely, the sol of Georgia applies and that it hasn’t tolled for some reason.


    Here is but one example of why the debt may not be beyond the applicable sol

    Avery v. First Resolution Management Corp., No. 07-35726, 2009 WL 861727 (9th Cir. April 2, 2009) http://caselaw.findlaw.com/us-9th-circuit/1405450.html


    in that case, an Oregon resident was sued for a credit card debt. The debtor lost their argument the Oregon sol had run becasue it was deemed irrelevant. The debt was contracted under an agreement New Hampshire laws apply (some state that is not the applicants state is not an unusual inclusion in a credit card contract) and since the debtor had never left Oregon during the period of indebtedness (which meant they could not have been in New Hampshire which has a tolling statute where the clock stops if the debtor is not within the state of New Hampshire), the sol clock never started running let alone run out.

    Debtor lost


    the determination of whether the sol has run or there is a violation of the fdcpa or some states similar statutes is not as simple as it appears on first review.

  4. #14
    Join Date
    Sep 2005
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    Behind a Desk
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    98,663

    Default Re: Collections Calling Again

    The Avery Court was specifically applying ORS Sec. 12.440, which provides that "If the statute of limitations of another state applies to the assertion of a claim in this state, the other state’s relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period...."

    A more narrow borrowing statute would not cause another state's tolling provisions to apply. Georgia does not appear to have a borrowing statute at all, which means that it will apply its own procedural law to cases filed within its jurisdiction, with statutes of limitation normally regarded as procedural (not substantive) law.

  5. #15
    Join Date
    Jan 2006
    Posts
    37,686

    Default Re: Collections Calling Again

    Quote Quoting Mr. Knowitall
    View Post
    The Avery Court was specifically applying ORS Sec. 12.440, which provides that "If the statute of limitations of another state applies to the assertion of a claim in this state, the other state’s relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period...."

    A more narrow borrowing statute would not cause another state's tolling provisions to apply. Georgia does not appear to have a borrowing statute at all, which means that it will apply its own procedural law to cases filed within its jurisdiction, with statutes of limitation normally regarded as procedural (not substantive) law.
    I was simply trying to point out that a claim of the sol having run in itself is not absolute. Many states have tolling statutes. We have no idea if any may apply here. As well, a contractual obligations can affect the matter.


    In simple:the answer isn’t as simple as saying the sol has expired.

  6. #16
    Join Date
    Aug 2018
    Posts
    7

    Default Re: Collections Calling Again

    I now regret not filling bk in the first place. if i went to court and say for argument sake I won whats to stop this trash from just selling the debt again

    when I signed the contract it was in Georgia in 94 I have never moved from this state. not one time has citi ever posted anything positive or negative to my credit reports. in 2011 i had an apartment complex run a hard hit on my credit and it showed no defaults on the account.. a few times id recieve a letter and id ask for validation no one ever provided one. one person told me its on its 4th collection agency and again none every reported this to any credit agency. . i'm not sure if citi bank hires agencys or if they actually sold the debt to a collection agency that resold as time went on. i own zero land, no car no jewlery. no house. mostly clothing. a 5 year old computer and a 9 year old tv. I can't believe they would waste this time. i did some investigating and 95% of the people served don't file an answer and these people win by default i think most likely thats thir hope. The get nothing regardless if they have no case i counter sue if they do i file bk and they get nothing

  7. #17
    Join Date
    Jan 2006
    Posts
    37,686

    Default Re: Collections Calling Again

    My first post was simply to show that the running of time doesn’t always mean the statute of limitations provides a defense. In your situstion it may very well apply. It takes a full review of all pertinent facts to make the determination though


    a creditor is not obligated to report to the credit reporting agencies. It’s unusual a credit card wouldn’t be but in itself it doesn’t prove anything.

    One problem with junk debt buyers, which you touched on, is what prevents the current owner of the debt from selling it to another party. That would be nothing other then their ethics and conscience. Some people are contacted about debts decades old. The debtor can react but there is very little one can do proactively to prevent this

    and you also hit in another issue: people often default when sued, that isn’t if they are even properly served to start with. That is why one doesn’t ignore lawsuits and They stay vigilant and watch their credit reports

  8. #18
    Join Date
    Aug 2018
    Posts
    7

    Default Re: Collections Calling Again

    yeah, I'm watching all my credit reports, I have someone at a courthouse checking once a week. I have someone checking local papers in case they put it there. my sister-in-law is a lawyer in settle she told me if i get served to let her know the momement it happens. my only concern is i have 5000.00 in checking from money my partents gave me and my spouse gave me half of the last tax return. by the time anyting happens i'll be broke anyway im using the money for dental work that i started over 3 months ago

    I was able to get some extra info. they don't have the last time I made a payment. also its no longer with Citi bank it's been sold 4 times. the lady on the phone said according to their records the last time an attempt to collect was made was 2013. i told her that they might have attempted in 2013 but i hadnt paid since 2009 she said she would have to request my file and call me back.

    3 hours later I get another call saying we have a faxed in a complaint this time another number. calls coming from 3 locations in different states. i did some searching multiple complaints about these types of calls. scary thing they have your phone numbers and ss numbers all operating under differnt companys

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