Legal Question in Credit and Debt Law in Georgia

i have been served with an order to appear in court for a debt i dont owe. Ive pulled my credit report there's no trace of the debt on the report. If the debt were even legit it would be past the 7 year mark that has them removed from your report. From what I understand Georgia has a 6 year statute of limitations law. How would be the be way to handle this? Thank you for your time


Asked on 9/16/09, 9:20 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If you do not owe the debt, then you properly defend in court. If they have evidence, such as a loan application, you have a problem. Whether or not it is on your credit report does not answer that question. Further, the statute of limitations may or may not be based on Georgia law. Many credit card debts are not. Even then, you would have to properly defend.

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Answered on 9/21/09, 9:34 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You have so many misconceptions that it is imperative you see a lawyer. Ignoring a court order, or responding improperly, can be catastrophic.

Not all debts appear in credit reports, so that is irrelevant. Most debts in Georgia are based on the law of other states, and often the limitations period is over 6 years. Also, if they previously got a judgment a judgment will last far longer than that.

See a lawyer to determine if you have any defenses. If you do not, you may also need to look at options like bankruptcy. If you do the lawyer will assist you.

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Answered on 9/21/09, 9:48 pm
Charles W. Field Charles W. Field, Attorney at Law

The way you handle a lawsuit over a debt you don't owe is (1) defend the lawsuit. Then, (2) if the facts merit it, sue for abuse of process. Consult with a local attorney.

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Answered on 9/21/09, 9:57 pm


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