Legal Question in Credit and Debt Law in Georgia

credit card collection

4/18 I was contacted by a collection agency regarding a credit card acct from 2000. I was laid off and the acct was supposed to be insured but apparently it wasn't. I have not heard anything about this debt in at least 4 years. When the collection agency called me they never used the scripting ''this is an attempt to collect a debt....'' They left messages with 2 family members regarding a pending case against me and gave them case numbers. 4/19 someone called and left a message using my bank's name. The statute of limitations in GA is 4 years. I have told them this but they insist that they will sue. They should know the SOL so they knowingly lied in an attempt to get money. Their fake website is a .gov address which portrays them as a govt agency. Am I right in telling them that if they try to sue that I can have the motion set aside? I have filed a complaint with the FTC...is there anything else I need to do other than keep copies of everything?


Asked on 4/24/07, 8:06 pm

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

Re: credit card collection

I will respond only to two legal issue you raise - the expiration of the statute of limitations does not prevent them from continuing collection efforts or filing a valid lawsuit, which you will have to properly defend. Moreover, jsut because you live in Georgia does not mean the Georgia statute of limitations applies. A debt does not simply vanish in a set number of years. Honoring an obligation and working out a payment arrangement usually resolves all collection problems, and often they will agree to not report negative information on your credit report.

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Answered on 4/24/07, 8:12 pm


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