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Judgement Personal Loan Statute Of Limitation In Georgia

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S

SCOTTNDEBRA

Guest
Georgia, In 1995 An Arrangement Was Made And I Borrowed 3000.00 From My Neighbor With A Repayment Plan, I Wrote Him Out Checks And Once He Became My Twins God Parent He Tore The Checks Up And Said I Did Not Have To Repay Him. Now 7 Years Later He Has Filed A Judment In Court And They Are Going To Start Taking Money By Garmesment. Is There A Statute Of Limitation On This Type Of Loan, It Was Put In Writing Original Loan But Not The Verbal Disalusion Of The Repayment. Can I File A Demur In This Situation. Please Let Me Know.
 


divgradcurl

Senior Member
Qre you saying that he already has a judgment against you? You have to have a judgment before you can garnish wages. How was the judgment obtained?

If there isn't a judgment yet, but there is a lawsuit filed, then you could bring up the statute of limitations as a defense. In Georgia, for a written contract, the SOL is 6 years, but that's six years from the date of last payment, not from the loan. You said you gave him a check -- if that check was given less than 6 years ago, then the SOL has not yet run. If it was more than 6 years ago, then you can use the SOL as a defense when you go to court.

Of course, if you've already been to court, or have a default judgment against you, this isn't going to work.
 

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