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  1. #1
    Join Date
    Jan 2010
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    2

    Default Georgia Statute of Limitations for Credit Card Debt

    My question involves collection proceedings in the State of: Georgia.

    I was sued in 2001 for a credit card that I had in 1998. The judge in the county where I lived ruled in favor of the plaintiff, awarding them the judgement against me. I was not in court.

    In December 2009, I received a writ of Scire Facias in the county where I reside now, requesting the courts to show cause why this judgement rendered in favor of the plaintiff should not be revived.

    Can someone please tell me what is my best course of action in this matter? Can they go back 9 years on a judgement against me?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Georgia Statute of Limitations for Credit Card Debt

    The statute of limitations on a credit card debt is six years. But they met that limitations period when they sued you in 2001 (2001 - 1998 = 3). A judgment is normally valid for seven years, O.C.G.A. § 9-12-60 , but may be revived; the action to revive must be filed within three yeas from the date the judgment becomes dormant (O.C.G.A. § 9-12-61). From what you say the plaintiff is seeking to revive the judgment, so it's on you to oppose revival based upon whatever legal grounds you can identify and present.

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

    Default Re: Georgia Statute of Limitations for Credit Card Debt

    Agree, you need to present a "defense" as to why you believe the judgment should not be revived.

  4. #4
    Join Date
    Jan 2010
    Posts
    2

    Default Re: Georgia Statute of Limitations for Credit Card Debt

    Can you tell me what the "defense" could be to keep the judgement from being revived?

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