Legal Question in Credit and Debt Law in Georgia

I opened a credit card in 1999 which allegedly went delinquent in 2001. I lived in Georgia at the time and the issuing bank is headquartered in Nevada. I now live in the state of Montana. I know that the original debtor is well beyond their right to sue due to the statute of limitations and can no longer report this debt on my credit report. However, I now have an "attorney's office" telling me that they have purchased this debt, reported it on my credit report, and will pursue civil actions to collect. Do they have a valid claim?


Asked on 1/05/11, 5:47 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Maybe, maybe not. You omitted the one thing that matters. On the credit card agreement that was on the insert when you got the card (and on any later bill insert that amended it), what state's law said it governed. Some creditors use states with very long statute of limitations and you may still be within that limit (your statement to the contrary notwithstanding). You also may be past it.

Certain things you did after 2001 also may affect the statute.

You need to sit down with a lawyer and determine an appropriate response to the letter. Note that if the debt is being reported more than seven years after the debt on a credit report, you have acquired the right to sue the creditor/collector.

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Answered on 1/10/11, 6:04 pm


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