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  1. #1
    Join Date
    Jan 2009
    Posts
    5

    Default Statute of Limitations for Lawsuits Over Credit Card Debt

    I have an SOL question..

    I may have a credit card lawsuit from a defaulted credit card with last activity/payment of 1/1/2005 (aprox date)

    They filed a lawsuit on or around 11/20/2009, (around 5yr 10months)

    The law firm attempted to serve and mails documents to an old address,
    i no longer live at.

    and today its 1/10/2010 (around 6yrs + 10days after last activity).

    am i out of the 6yr SOL? or
    because the lawsuit was filed before the 6yrs, it still counts?


    What should i do? I still have not been served.. nor have a copy of complaint.
    Thanks

  2. #2
    Join Date
    Feb 2009
    Posts
    6

    Smile Re: Statute of Limitations Question: State of Georgia

    I beleive the statue of limitations is 4 years(48 months) in Georgia. Now that could be from the last time You actually paid the last payment. I assume your income possibly has been too low over the many years. That is a guess of mine. It can be frightening that they can try to take anything or everything that You got. Hope You get better sleep at night.

  3. #3
    Join Date
    Jan 2009
    Posts
    5

    Default Re: Statute of Limitations Question: State of Georgia

    GA sol is 6yrs

  4. #4
    Join Date
    Jan 2010
    Posts
    17

    Default Re: Statute of Limitations Question: State of Georgia

    SOL on open accounts, such as credit cards is 4 years. If it has in fact been more than that since you last made a payment then they can't sue you. You should contact the courts to see what is going on. If you do get served, you can counter-sue them for violations of the FDCPAct, taking action that cannot legally be taken, expired SOL.

    I don't care what anyone says, a written contract is not for credit cards. A written contract would have monthly payments, like a loan. Open accounts, just like it is on your credit reports, are for credit cards where no payment is made if you never have a balance.

    STATE: GEORGIA

    INTEREST RATE

    Legal: 7%

    Judgment: 12%

    Commercial Accounts: 18%

    STATUTE OF LIMITATIONS (IN YEARS)

    Open Acct.: 4

    Written Contract: 6

    Domestic Judgment: 7

    Foreign Judgment: 5

    BAD CHECK LAWS (CIVIL PENALTY)
    After 10 day written demand double damages up to $500 and service charge of $20 or 5%, whichever is greater,

    GENERAL GARNISHMENT EXEMPTIONS
    See federal law. City, County & State employees may be garnished.

    COLLECTION AGENCY BOND & LICENSE

    Bond: No

    License: No

    Fee: No

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