Legal Question in Credit and Debt Law in Georgia
Credit Card Debt
I recently received a civil action suit from MBNA about a revolving line of credit for $1600.The last activity on the account was 2002 can they still demand money from me?What should I do?
3 Answers from Attorneys
Re: Credit Card Debt
The obvious first choice is honor any det you owe. If the lawsuit is for $1600 and you do owe the money, the best option is to direct your funds to resolve it rather than pad a lawyer's pocket (and you still may be liable for the debt, with a legal bill on top). Make sure any agreement is in writing, and well in advance of any due dates for an answer.
Re: Credit Card Debt
If tyou received a lawsuit, see a lawyer. Your response is due in 30 days. Your options, if you owe the money, are to pay (all or such amount as they agree to), lose the suit and later face garnishments and other results, or file (if you are eligible) bankruptcy.
Re: Credit Card Debt
You should see an attorney as soon as possible to file an answer as soon as possible and/or a motion to dismiss for statute of limitations. The limitations period MAY BE a defense in your case which may warrant a motion to dimiss.
You should sit with an attorney to determine if that defense is proper in your case. If you don't want to hire an attorney, you can do your own legal research on line or at a law library.
However, the main thing is to file your response (answer/motion) to the lawsuit within the time and manner set forth by the rules. Also, because you can waive the limitations defense, you should be very careful.
Also licensed to practice in Georgia.