Legal Question in Credit and Debt Law in Georgia

I have a CC debt that was last transacted on 7/07. Papers were served to me on 5/14. From what I have found they have no legal right to collect the debt since the statue of limitations has run out. I answered the service with this infotainment but the attorney is still pursuing the case. What is my next step?


Asked on 7/14/14, 9:30 am

2 Answers from Attorneys

Your next step is to quit posting here and get an attorney.

First, the statute of limitations does not mean you cannot be sued on a debt. The statute of limitations is a defense that you raise in an answer filed with the court. A copy of the answer is served on the attorney for the creditor.

Just filing an answer does not mean "I win!" and will not result in automatic dismissal of the complaint. The next step in the case is discovery - they get to ask you written questions (called interrogatories), ask you to admit or deny certain facts (request for admissions) and possibly ask you to produce documentation (request for production). You get to do the same thing to them. In your discovery, you have to obtain documents and information proving that the last date of payment was indeed in July of 2007. You then file a motion for summary judgment asking that the case be dismissed if the interrogatories and other discovery supports your allegation.

So please, find a local attorney who specializes in credit card defense NOW.

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Answered on 7/14/14, 11:10 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Frankly your next step is to get a lawyer. Not only does filing an answer not win the case, but if you said the wrong things you could have lost yourself the case. A lawyer will likely not only get the case dismissed but may collect damages. If you fail to do the right steps you probably will simply lose.

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Answered on 7/14/14, 12:27 pm


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