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  1. #1
    Join Date
    Apr 2009
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    Default Statute of Limitations on Credit Card Debt in Georgia

    My question involves collection proceedings in the State of: Georgia

    [QUOTE=Betty3;240544]Some states consider credit cards as open ended accounts; others consider them as written agreements/contracts. You always have to check your state to see what applies. Ga. is one state where the courts have started considering credit cards as written agreements with the longer SOL. More & more states are starting to consider them as written contracts. (store cards usually excluded - ie Sears)/QUOTE]

    Does this mean that store cards such as sears would fall under the 4 year SOL in GA? or could it possibly be the 6 year SOL.

    Thank you!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Statute of Limitations on Credit Card Debt in Georgia

    If store cards are excluded from the recent practice of calling credit cards written contracts, then yes, Sears/Kohl's/JCP cards would still fall under that 4 year SOL/

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
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    5,252

    Default Re: Statute of Limitations on Credit Card Debt in Georgia

    Agree, Betty3.

  4. #4
    Join Date
    Apr 2009
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    8

    Default Re: Statute of Limitations on Credit Card Debt in Georgia

    Quote Quoting Betty3
    View Post
    Agree, Betty3.
    I have received a letter about this store card account from a collector/law firm. It's 5 years old, what should I do in response?

    Thank you!

  5. #5
    Join Date
    Jul 2008
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    853

    Default Re: Statute of Limitations on Credit Card Debt in Georgia

    First things first. Send a dispute letter, certified mail. Make sure you keep the proof that they got it. Let them send you what they have. This can only help your case later, if you need to prove the SOL has run.

    When you get a response, and it shows that you are in fact outside of the SOL, then send them a letter saying you refuse to pay, and they must cease all communication with you.

    The reason you want to send the dispute first is to get the SOL matter taken care of, because a refusal to pay leaves the CA with only two options: cease collecting, or sue. You need to make sure you are in the clear with the SOL before you back the CA in to THAT corner.

  6. #6
    Join Date
    Apr 2009
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    8

    Default Re: Statute of Limitations on Credit Card Debt in Georgia

    Quote Quoting divemedic
    View Post
    First things first. Send a dispute letter, certified mail. Make sure you keep the proof that they got it. Let them send you what they have. This can only help your case later, if you need to prove the SOL has run.

    When you get a response, and it shows that you are in fact outside of the SOL, then send them a letter saying you refuse to pay, and they must cease all communication with you.

    The reason you want to send the dispute first is to get the SOL matter taken care of, because a refusal to pay leaves the CA with only two options: cease collecting, or sue. You need to make sure you are in the clear with the SOL before you back the CA in to THAT corner.
    My Credit report shows DOLA 06/2004, and for some reason the original creditor shows paid on 04/2004. There's no tradeline from the collection on my reports so far. Do you still think that the dispute letter is the way to go first, or should I go ahead and send an sol FOAD letter.

    Thanks for the advice.

  7. #7
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    Jul 2008
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    853

    Default Re: Statute of Limitations on Credit Card Debt in Georgia

    Always dispute first. This preserves certian rights under the FDCPA that you lose if you fail to dispute before the 30 day period has expired.

  8. #8
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    Apr 2009
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    8

    Default Re: Statute of Limitations on Credit Card Debt in Georgia

    Thanks for your help everybody, I sent the DV today.

  9. #9
    Join Date
    Apr 2009
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    8

    Default Re: Statute of Limitations on Credit Card Debt in Georgia

    Quote Quoting divemedic
    View Post
    Always dispute first. This preserves certian rights under the FDCPA that you lose if you fail to dispute before the 30 day period has expired.
    I posted about this problem before and received a lot of help. I received a dunning from a local law firm acting on behalf of CA in regards to a store card account that I believe is past SOL, however there is some doubt because of the way things have moved here in GA in regards to CC debt and their SOL.

    I ended up sending a DV instead of a FOAD, which I think was a good move. The reponse I received from the law firm was a computer print out that doesn't make any sense to me, it doesn't even have the original creditors name on it, only the CA's name and various dollar amounts (principal, interest, att. fees, etc.)
    The response also included a notarized affidavit of claim, and a terrible photo copied retail installment credit agreement, that i can't even read.

    Should I send a 2nd validation letter at this time or is it time to send a FOAD? What should I make of this affidavit?

  10. #10
    Join Date
    Jul 2008
    Posts
    853

    Default Re: Statute of Limitations on Credit Card Debt in Georgia

    That is not validation, and the affidavit is meaningless. The CA must show that they are dunning what the creditor says you owe. Merely parroting what the CA already has in their records proves nothing.

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