Legal Question in Credit and Debt Law in Georgia
SOL on debts in Georgia
I received a Summons on August 7th, 2007 on a credit card debt.
I responded with a letter dated August 13, 2007 asking for Validation of the debt.
On January 12, 2008 I received a �Certification of Service� letter with a copy of the FIRST PAGE(only)of a statement dated Feb 14 � Mar 13, 2004 and another copy of the FIRST PAGE(only) of another statement dated Mar 14 � Apr 13, 2004. There was no records of any transactions.
Anyway, I pulled my credit report on January 15, 2008. This credit card account was opened 11/2001. The date of the last payment was made in 12/2003. The account has since been charged off and closed by credit grantor. Though I�m not sure when�I don�t think it matters.
I have contacted the Court because I wasn�t sure what the �Certificate of Service� letter means. I was told that the matter is now with the Court to make a decision or judgment, but that I have 30 days to respond to the court.
NOW�my question is Has the SOL expired on this?
I would appreciate any help or advise that you could give me.
2 Answers from Attorneys
Re: SOL on debts in Georgia
You have been sued, so you need a lawyer (or resolve it with the collector - perhaps the best option). No one here has your card agreement to determine what the limitations period may be. If you default on the lawsuit, any defense you may have had is likely waived.
Re: SOL on debts in Georgia
The Georgia SOL is probably irrelevant. The SOL that applies is the one in your credit card agreement. Some states are as long as 20 years. Check your credit card agreement (the one from when you opened the account may not be it, as the agreement may have been changed by inserts in your bills that you hopefully saved) then look up that state's statute.
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