Legal Question in Credit and Debt Law in Georgia

They can ask for money for many more years to come. A "written off" debt is an accounting term - it doesn't mean the debt goes away. If they try to sue again, you may have a statute of limitations defense.

You do not explain what is going on here. A charge-off has nothing to do with the dismissal of a case. Charge-off is simply an accounting term. It means that the debt has moved from the accounts receivable side of the company''s books to the bad debt side. The company can still try and collect the debt or they can sell of the debt to a junk debt buyer who can try and collect the debt. The company can also forgive the debt and issue a 1099c and still sell off the debt. None of this means that you do not owe the debt. It does not mean that you have to pay either - it would depend on other circumstances and your situation.

You say a case was dismissed 3 years ago for failure to prosecute. This means that there is a court order. What does the order say? Does it say dismissed with prejudice? Or is it silent? What are the rule regarding re-filing actions dismissed for judgment of non-pros?

In some states the action can be re-filed. Sometimes there are time limits (say a year or 6 months). If the action was dismissed with prejudice then it cannot be re-filed at all. However, nothing stops the creditor from trying to collect a debt. But you no longer have a legal duty to pay the debt. It is possible that the debt can still be reported on your credit for another 4 years (regular credit report or if this debt is owed to a bank for a loss to that bank 2 years on Chex Systems).

If this was a GA debt, the statute of limitations in GA is 4 to 6 years depending on what the debt was for. But the statute of limitations is only a defense that you assert in court. Again, it does not matter how long a time has passed - the creditor can try to collect on the debt. But you do not have a legal duty to pay the debt if the statute of limitations has expired (or if the creditor cannot re-file suit). The creditor may try to entrap you into making a new payment. Unless payment of the debt is required by a mortgage lender then do not pay this debt.

I don't know what kind of communication you received or what happened, but if you got a letter, then i would respond by letter advising that you have no legal duty to pay and that the creditor is not to contact you about this matter. Before sending the letter, I would suggest that you speak to an attorney and find out (a) what exactly occurred here (get copies of the court order) and (b) show the attorney the recent letter so you or the attorney can respond appropriately.