Legal Question in Credit and Debt Law in Georgia

Open Account Credit card debt

I am NOT disputing the fact that I owe a credit card debt. The account became delinquent in April 2002 and the statute of limitations in the state of georgia is 4 years for open accounts. I am now being sued and am asking the court to dismiss the suit due to the SOL expiring 2.5 years ago. When I go to answer the claim, is it wise to just state the fact that the SOL has expired and to ask that the case be dismissed?


Asked on 9/15/08, 1:33 pm

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

Re: Open Account Credit card debt

Your first hurdle is to support your contention that GA law applies. It usually does not for credit card claims. Check your account information and contracts.

Read more
Answered on 9/15/08, 1:37 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Open Account Credit card debt

Reread your credit card agreement (including any amendments you were mailed as inserts in your bill). It is VERY unlikely that your SOL is 4 years. Most agreements are set up under the laws of another state with far longer periods. So instead of getting this wrong, see a lawyer to explore your actual options.

Read more
Answered on 9/15/08, 1:47 pm


Related Questions & Answers

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