Legal Question in Credit and Debt Law in Georgia

Debt Buyer suing after SOL has expired

I was just served with a suit filed in a superior court in GA for around $5,000.00. I had previously written the Attorney asking for debt verification and stating that the statute of limitations had expired. The last activity on the debt was five years ago. Georgia code states open accounts four years. The Attorney for the plaintiff did not provide full verification and hand wrote a PS stating that the SOL for credit cards was six years. I know that he is trying to get me to blink. He has now filed suit in Superior Court. How do I file a motion to dismiss based on expired SOL and improper verification? Can I do it this way or will I have to go to court and argue? Any help would be greatly appreciated.


Asked on 10/12/07, 7:06 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Debt Buyer suing after SOL has expired

It is not appropriate for a lawyer to give you specific directions on filing a pleading in a pending case, especially on an anonymous message board. This is one of many roadblocks you will face with proper procedure and representing yourself, especially in Superior Court. I will add that the mere fact that you are in Georgia does not mean the Georgia statute of limitations applies to credit card debt. An obvious other option to resolve the issue is to honor the obligation to repay the debt, if it is your debt. That may avoid a potential judgment, garnishment and they may even agree to not report it negatively on credit.

Read more
Answered on 10/12/07, 7:18 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Debt Buyer suing after SOL has expired

A lawyer cannot ethically advise you in the detail you ask without being retained.

Most credit card debt in Georgia is governed by another state's statute of limitations, and many are longer than Georgia's. It is thus very possible that you owe the money.

At this point your options are to pay the debt you owe, hire a lawyer to defend the case (which may cost more than the amount sought), or if your circumstances support it, hire a lawyer to file bankruptcy. Without far more detail, no one here can tell you which is the proper option, or if you have other options.

Read more
Answered on 10/12/07, 7:31 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Georgia