• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Statute of Limitations

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

R

ratcatcher

Guest
What is the name of your state? Georgia

A lawsuit was filed against me on May 11th for credit card debt. The last payment was made on the card in April 2000. I have several questions.

1) What is the statute of limitations on the collection of this debt? Where can I find this information in the State Code or in regulations?

2) How should I respond to this filing? Is there a format for filing a legal response to this lawsuit?

3) Are there any pitfalls to this SOL defense?
 


Ladynred

Senior Member
1) What is the statute of limitations on the collection of this debt? Where can I find this information in the State Code or in regulations?
SOL on credit cards in GA is 4 years. The SOL would start when you first went delinquent and never paid anything on it again.

You can find the statute here: http://community-2.webtv.net/Y-Chat/WhyChatsCredit/page11.html

2) How should I respond to this filing? Is there a format for filing a legal response to this lawsuit?
Yes, there IS a format you must use. You can find some help with that here:
http://community-2.webtv.net/YCHANGE/STORAGE/page2.html

There are instructions there specific to a suit that is for an SOL debt.

3) Are there any pitfalls to this SOL defense?
Yes, Use it or Lose it. The expiration of the SOL is an affirmative defense, so if you don't bring it up, you will LOSE the right to do so.

Its not uncommon for creditors/CA's to attempt to claim that a credit card is a written account - it is NOT, it is an open account. The Truth in Lending Act, Title 15, Chapter 41, Section 1602 (i) clearly defines what a credit card account is. A copy of this would be handy to have in court just in case the plaintiff tries this argument.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top