Please help

[rlg7281]

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

I'm receiving calls from an attorney's office stating that they are about to serve me regarding an Citibank/gateway account that was opened in 2000. The last activity on the account was in 2002. i stated to the the collector that the statue of limitations has expired but he said that the debt was refiled. I'm confused. I know the statue of limitations is 4years in GA for Credit cards but he stated it was 6years. Even if it is 6 years the SOL has expired correct? If they refiled, does that re-open the case? I haven't given them any information regarding payment. I told him that I had to ask questions with an attorney. He then stated that if I had retained an attorney that that's who they would need to speak to and not me.

Can someone help me as to what to do from here? Am I going to get sued?

[nrknlknek]

Querstion: Are you going to get sued?
Answer: Yes
Question: What should I do?
Answer: Retain an attorney to represent you. Your statement regarding elapsed SOL may or may not be factual and even if it is, it would likely be only an affirmative defense. If you owe the money and you can't pay it, you will either need to compromise a settlement with them or have a judgment against you. The only way that won't happen is if the Plaintiffs can't prove their case (unlikely).

[JETX]

Originally Posted by rlg7281

I'm receiving calls from an attorney's office stating that they are about to serve me regarding an Citibank/gateway account that was opened in 2000. The last activity on the account was in 2002. i stated to the the collector that the statue of limitations has expired but he said that the debt was refiled. I'm confused.

This 'threat' of legal action, especially over the phone by someone CLAIMING to be an 'attorneys office', is a very common tactic by bottom-feeding, scum-sucking debt collectors. Depending on the facts, this very likely is a violation of the FDCPA.

I know the statue of limitations is 4years in GA for Credit cards but he stated it was 6years. Even if it is 6 years the SOL has expired correct?

Here are the SOL's for Georgia:
Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24)

Open account; implied promise or undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not stopped the statute. Therefore, the statutory period runs from the date of default, not the date of last payment.
Based on the above and on the dates in your post, yes, the GA SOL has expired on that debt.

If they refiled, does that re-open the case?

There is no such thing as 'refile' on a debt. Unless they mean 're-aged'. And re-aging a debt is also a violation of the FDCPA.

Can someone help me as to what to do from here?

If you are 110% confident of the dates you provided, then simply send them (certified RRR and first class) a WRITTEN 'cease and desist' letter. A good sample can be found at: [url=http://www.creditinfocenter.com/forms]Sample letters for use in credit repair, debt consolidation, credit disputes[/url]

Am I going to get sued?

No one can answer that... but if they do sue, you probably have a pretty good 'SOL expired' defense.