Legal Question in Credit and Debt Law in Georgia

I am a Gorgia resident. Can you please tell me what the statute of limitation is for this state? Both open accounts and written contracts. I have been served a notice of summons by a law firm requesting payment, but I do believe it is past the term. How should I proceed witn the summons?


Asked on 7/10/12, 1:27 pm

3 Answers from Attorneys

Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

You should proceed by retaining counsel.

Good luck.

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Answered on 7/10/12, 1:50 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You should proceed by hiring a lawyer. Even if you determine the correct statute of limitations, which may be 4 years, 6 years or 20 years depending on what you signed, improperly raising a defense waives it.

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Answered on 7/10/12, 6:15 pm

For most things its 4 or 6 years. If this is for a credit card debt its 6 years as per caselaw, see Hill v. American Express, 289 Ga. App. 576, 657 S.E.2d 547 (2008) (available at Google Scholar or through other sources like Westlaw and Lexis).

If the statute of limitations has realy and truly expired, then quit posting here and spend the money to hire a lawyer to draft a proper answer for you. If you do not raise the defense in an answer that is properly filed with the court, the statute of limitations defense is waived.

If after consulting a lawyer, the statute of limitations has not expired and you are interested in resolving the debt in a non-bankruptcy, non-litigation context, please contact me at [email protected].

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Answered on 7/10/12, 8:32 pm


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