Legal Question in Credit and Debt Law in Georgia

Arbitration forum even after Statue of Limitation expired

To begin with, out of no where in 2006, I get a letter from a collections agency about a credit card that dates as far back as 1998. I asked them to prove that it was mine and all they could do was provide the last statement... nothing with my signature, nothing to even show that I made the payment on statement and I kept writing to them to give me more than a statement. They would write back and ask for more time only to send me that same document again. They finally decided to take me to NAF arbitration and here again, I asked the forum to have them show proof that this is my debt. After a few back and forth communication with the Forum that got me no where, a week ago, I got a letter from the forum saying they will soon set a date for a phone hearing (even though I've been disputing this all along). Even worse, according to the statement they provided, the last payment was made in December 2002. Hasn't the statute of Limitation expired? Can they still pursue this even though they haven't showed proof that this is my debt? And even if they insist it is my debt, do they even have the right to take me to court or this arbitration forum with the last payment being made in December 2002?


Asked on 8/03/07, 11:19 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Arbitration forum even after Statue of Limitation expired

You do not provide information necessary to determine whether the statute of limitations has expired (or what state law applies). One obvious solution is that if it is a valid debt, honor the obligation and and settle it with an agreement that they will not report it negatively on your credit reports.

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Answered on 8/06/07, 8:41 am


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