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  #1  
Old 03-11-2004, 11:30 AM
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Being sued for credit card believed charged off

What is the name of your state? Massachusetts and Georgia

Being sued for $680 + court cost for a UCNB Visa card by Commonwealth Receivables. The debt was incurred in Mass. but I currently live in Georgia and being sued here. The debt is over 6 years old. I have a letter dated Oct. 1, 2003 where they offered 50 % off.

What are my SOL rights and is there a specific form to use to file and answer with the court?
Last edited by shellbe91671; 03-11-2004 at 11:40 AM.
  #2  
Old 03-11-2004, 11:40 AM
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The SOL in Ga. is 4 years. CC's are open accounts.

[url]http://www.locate123.com/StateLaws.asp[/url]

Here's asite that gives suggestions on how to respond to an SOL lawsuit. Scroll to near the bottom.

[url]http://community-2.webtv.net/Y-chat/WhyChatsCredit/[/url]
  #3  
Old 03-11-2004, 11:52 AM
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And lets not forget... most states FREEZE the SOL when a debtor leaves the state.
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #4  
Old 03-11-2004, 12:13 PM
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unclear on SOL

Does the SOL of 4years mean that the debt is invalid? What does it mean to Freeze SOL?
  #5  
Old 03-11-2004, 12:38 PM
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Since the SOL in Ga. is 4 years, you do have an SOL defense but, you'll need to respnd to the summons and claim the defense.
  #6  
Old 03-11-2004, 01:23 PM
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Do I claim that defense in my answer to the court due in 30 days?

What do I need with me to win a case with that defense.
  #7  
Old 03-11-2004, 02:21 PM
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Did you use the link I posted?

Do a search on this site using the name ttoby. It has several links about how to defend an SOL lawsuit.
Last edited by bigun; 03-11-2004 at 02:24 PM.
  #8  
Old 03-11-2004, 06:46 PM
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The SOL in MA is SIX years.. and they're suing you in GA, with the shorter SOL of 4 years, right ? ?? So, if the last time you paid the original creditor was OVER SIX years ago, then the SOL has run out in MA .. and since they're suing you in GA, the GA laws should apply and the SOL ran out 2 years earlier !
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  #9  
Old 03-11-2004, 07:23 PM
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Thank you

Thank you all for helping me....you guys are awesome!
  #10  
Old 03-11-2004, 07:29 PM
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Yes that's it in a Nut shell

LadynRed...that's exactly right. Should my Answer to the Court be to denie debt due to SOL running out and request Validation of debt with last payment dates on that Answer.
Thank you again!
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