Legal Question in Credit and Debt Law in Georgia

I read a post from 2/24/11 regarding Cell phone statute of limitations in Georgia. I actually have the same situation, from the same collector. Their acct was closed in 2007. The attorney stated that the statute would not run out until 2013. I was doing some research and found that there is a Federal Statute of Limitations on cell phone of 2 years. Is this not correct?

Thank you.


Asked on 1/04/13, 1:43 pm

2 Answers from Attorneys

There is no federal statute of limitations for 2 years. Why is this a federal issue? If you are talking about owing a cell phone debt, there is no federal question. State law would determine the statute of limitations.

The statute in GA is 6 years for most debts. The statute begins to run from your last payment, not when the account was closed. If your absolute last payment was in 2007, then the statute will expire in 2013. The debt will come off of your credit report in 2014. Chances are, if this is for a cell phone debt and the debt is for less than $1000, then they are never going to sue you because its not cost effective. It will cost more to hire a lawyer and file suit than what is owed.

Since you have made it this far, I would not pay, hope the statute of limitations expires and wait for the debt to drop off your credit next year.

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Answered on 1/04/13, 3:58 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no federal statute of limitations for suits on debts. In most cases in Georgia you would face a 6 year statute. If you made payments after the account was closed the time would run from the most recent account activity.

Unless the debt is enormous, it would be unusual to be sued. You may want to wait and see what happens (and do not talk with the collector). If they serve you with anything, see a lawyer.

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Answered on 1/04/13, 4:41 pm


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