Legal Question in Credit and Debt Law in Georgia
I bought a couch in 1992 from Rhodes Furniture, since went out of business 6 years ago.
within a year the couch was falling apart and I called and disputed the sale. I paid for a year
on the account and told them to come and get it, They told me they do not pick up the furniture.
So I dumped it on their dock! I quit paying on the account and they never came after me. Because they knew the problem I had. Now 20 days ago I get a notice from a collection company wanting
me to pay and responed to the debt. I bought a house 4 years ago. Are they trying to get me to pay?
This was 17 years ago and they want me to respond. Should I AND HOW CAN THEY COME
ASK FOR MONEY 17 YEARS LATER.
2 Answers from Attorneys
Depending on when you last paid for the item, they may be barred by the statute of limitations.
You need to dispute the debt in writing (certified mail/return receipt is the best option). Demand strict proof, including a summary of the account, and all documents that support their assertion that you owe the debt.
Do not say anything else in the letter or admit that you owe or had the dispute. Because the debt may be stale, you shouldn't agree to a payment plan or make any admission until you understand the basis for their claim and the last payment they contend you made.
If they file suit against you, simply assert the statute of limitations as an affirmative defense or file a motion to dismiss based on the statute of limitation. Also, you may have other defenses. Again, you need to check the history of your account and when you made the last payment. This will determine if you have the limitations defense.
Paula's answer is pretty good, but I'd recommending having a lawyer write a letter to make sure the problem goes away for good (assuming the collector is past the statute), as a wrong word could make you liable on the debt even after the statute runs.