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  1. #1
    Join Date
    Mar 2008
    Posts
    4

    Default Credit Card Debt In Georgia

    I just received a summons for suit from Capital one which is an old credit card debt. According to my credit report the last date of payment was 2/2002. The summons was filed in court on 3/06/2008 and I received it today 3/13/2008. My question is will I be able to respond with SOL because it has been over 6 years if we use the date from Credit file? Is it to late to ask for validation. I have never received anything from the attorney about this account the court summons was the first I had an opportunity to deal with it.

    Any help is greatly appreciated.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Credit Card Debt In Georgia

    Are you saying you received a summons to court? If so, you need to go. When you go to court, use the SOL has expired as your defense.

  3. #3
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Credit Card Debt In Georgia

    but be aware, most courts will not allow the date on your credit report to be admissible as the credit report is hearsay evidence.

  4. #4

    Default Re: Credit Card Debt In Georgia

    what can be used as evidence

  5. #5
    Join Date
    Mar 2005
    Location
    Florida
    Posts
    435

    Default Re: Credit Card Debt In Georgia

    it's up to the judge and the rules of evidence in your state/local court, but you would be better off with original statements from crap1

  6. #6

    Default Re: Credit Card Debt In Georgia

    Is it true that the sol on credit card debt in Ga. is 6ys and written and not open debt. In Ga. open is 4yrs. I had a suite filed 5.5 months since last activity

  7. #7
    Join Date
    Feb 2008
    Posts
    109

    Default Re: Credit Card Debt In Georgia

    Quote Quoting tsims720
    View Post
    I just received a summons for suit from Capital one which is an old credit card debt. According to my credit report the last date of payment was 2/2002. The summons was filed in court on 3/06/2008 and I received it today 3/13/2008. My question is will I be able to respond with SOL because it has been over 6 years if we use the date from Credit file? Is it to late to ask for validation. I have never received anything from the attorney about this account the court summons was the first I had an opportunity to deal with it.

    Any help is greatly appreciated.
    CrapOne usually keeps all their accounts in house, so the attorney would never contact you before serving--all they do is the legal work Crapone provides to them. However, certainly you have heard from CrapOne before this summons arrived.


    Yes, you can answer as: this action is time barred pursuant to O.C.G.A. 9-3-25. You will also want to offer up some affirmative defenses too. You can ask for validation through Discovery---however you probably will get some validation from them b/c they are hard core. If they can prove you are within SOL in response to your discovery request, then you may be sunk.

    It does sound like your account is OSOL, 4 or 6 years. Use that defense..it's up to them to prove their case.

    This is all my opinion through experience in dealing with litigation. Use at your own peril.

  8. #8
    Join Date
    Feb 2008
    Posts
    109

    Default Re: Credit Card Debt In Georgia

    I found the answer:

    Hill v. American Express, 2008 WL 204623 (Ga. App.) - Westlaw temporary cite.

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