Statute of limitation

[qutee303340]

What is the name of your state? Georgia
I opened a furniture account in South Carolina june 2000. My credit report states the last date of activity was oct 2000. I now have a collection agency taking me to court in Georgia on behalf of this company. They served me in April 2007 and I filed with the court stating the statute of limitations had expired. I just received a notice of civil bench trial. What can I do?

[moburkes]

Originally Posted by qutee303340

What is the name of your state? Georgia
I opened a furniture account in South Carolina june 2000. My credit report states the last date of activity was oct 2000. I now have a collection agency taking me to court in Georgia on behalf of this company. They served me in April 2007 and I filed with the court stating the statute of limitations had expired. I just received a notice of civil bench trial. What can I do?

You can present your side (that the SOL is over) in court.

[Betty]

Yep - you need to go to court & present your defense - if you don't go, they will get a default judgment against you.

[Ladynred]

Assuming you lived in SC, when did you move to GA ??? SOL in SC is 3 years. If you moved after 2003, then the SOL there ran out before you moved.

[GulfBreeze]

Originally Posted by Ladynred

Assuming you lived in SC, when did you move to GA ??? SOL in SC is 3 years. If you moved after 2003, then the SOL there ran out before you moved.

Agreed.

If you moved after the SOL expired in SC, then you have a defense against them in enforcing the debt. Now, if you moved before it ran out, then this is what is called "tolling" and the clock was put on hold and wont start where it left off until you move back. Otherwise, you will be under your current state (if I am not mistaken) and fall under GA's sol. The debt was opened in SC and this account is governed under their SOL (unless there is a clause in the agreement but doubt it since its basically a "store account").

It's 2007 now and I am not sure of GA's sol...but you need to go look at your dates and see when you last paid, charged or missed payment and see when you moved. This will be important in your defense.