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  1. #1
    caregiver30 is offline Junior Member
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    Notice to appear in court

    What is the name of your state (only U.S. law)? GA

    I just received a notice to appear in court for an outstanding debt. This debt is for an old credit card. The statute of limitations have passed (6 years in GA). Here are my questions: Do I go to court? If so, what can I expect? How do I prove the statute of limitations have passed without restarting the debt sol again? Do I need to send a debt validation letter?
  2. #2
    cosine is offline Senior Member
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    Quote Originally Posted by caregiver30 View Post
    What is the name of your state (only U.S. law)? GA

    I just received a notice to appear in court for an outstanding debt. This debt is for an old credit card. The statute of limitations have passed (6 years in GA). Here are my questions: Do I go to court? If so, what can I expect? How do I prove the statute of limitations have passed without restarting the debt sol again? Do I need to send a debt validation letter?
    If you are sure the SOL has passed, that is your defense. Be careful, because date of last activity is not necessarily the date you last paid on a current account. If the account was kept current by your last payment, you didn't have a collectible debt at that time, and that date doesn't apply to the full collectible balance. SOL generally (but I don't know specifically for GA) runs from the time the account became a debt collectible in full, or some other similar definition. It is the date they could have first legally sued you, or later if subsequent payments are made on that account.

    Find a lawyer that offers an initial consultation. He/she should be able to tell you if SOL is a workable defense for you.

    You are past a debt validation letter. You can still do that if you want. It won't really get you anywhere with the court.

    The court summons should tell you exactly what to do, whether to sent a written answer, or appear on a specified date, or both. Call or visit the court to verify the case and/or docket is real, in case this is one of those scams (rare, but growing). If the court clerk says there is no such case, get this IN WRITING and signed by the clerk. Otherwise, do exactly what the summons says to do by the dates specified. The lawyer offering your initial consultation may be able to tell you what to say in a written response or in your appearance (if you cannot hire the lawyer to appear on your behalf with you).

    DO NOT ignore the summons unless you want a default judgment to be granted against you, which would make the SOL irrelevant (even if it would have been relevant to defend with had you appeared).
  3. #3
    caregiver30 is offline Junior Member
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    Notice to appear in court

    Thanks, I am positive the SOL has passed. The last payment was in 2001 or 2002 the SOL is 6 years in Georgia. The court summons has no other information on what to do. Actually, it says Order Premptory Calendar Civil...notice how Peremptory is miss-spelled...that may not be a big deal but I just thought it was strange. The envelope does have the courthouse address.
  4. #4
    caregiver30 is offline Junior Member
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    Correction, the only thing that is stated is the date and time to attend.
  5. #5
    caregiver30 is offline Junior Member
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    One more thing, the letter was mailed and then forwarded to my new address. I've been reading that you have to be served in person or does a letter count as the same thing. BTW, the collection agency is Midland Funding LLC. I also just located an old credit report from 2007 and it clearly states the DLA was 06/2002 but it also shows where midland credit re-aged and made the DLA 2005.
    Last edited by caregiver30; 03-09-2009 at 06:48 AM.
  6. #6
    cosine is offline Senior Member
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    Quote Originally Posted by caregiver30 View Post
    One more thing, the letter was mailed and then forwarded to my new address. I've been reading that you have to be served in person or does a letter count as the same thing. BTW, the collection agency is Midland Funding LLC. I also just located an old credit report from 2007 and it clearly states the DLA was 06/2002 but it also shows where midland credit re-aged and made the DLA 2005.
    You've got the summons; you've been served. You cannot truthfully claim ignorance of the proceedings.
  7. #7
    ecmst12 is offline Senior Member
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    If you are this clueless about how to proceed with filing your affirmative defense, you should talk to a lawyer.
  8. #8
    Pojo is offline Member
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    In 2005 did you talk with someone on the phone about the account? Did you in any sense of the word promise a payment then? If so in some states, I can not remember which ones right now, you RESTART the SOL for COLLECTIONS.

    Between now and the court date stay off the phone and hopefully you have not even discussed this over the phone with anyone. In this matter the phone can be a bitter enemy in some states. In one state just picking up the phone when they call and you say anythin to them it can restart the SOL for COLLECTIONS.

    Do not skip that court date and simply tell the Judge this is outside the SOL for Collections in the State of Ga. Any paperwork you have would be great to substantiate your claim. Hang on to that credit report.

    PLEASE STAY OFF THE PHONE and if the collector calls I mean 3 words ONLY Satute of Limitations. Do not say 1 more word, I mean do not even add the or give them any dates, no nothing!

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