Legal Question in Credit and Debt Law in Georgia
Statue of Limitations-Specifics
I have paid a collection agency for several years on a credit card chardge off. My wife passed away 3 years ago. I continued payments until this past spring. This charge never appeared on my credit report. I have requested original documentation from the agency, disputing that this is my debt. The collection agency says they have nothing but my wifes credit report from 1999 showing it as joint ( Idon't know that it really is), and 2 hand written notes from me in 1998 ( the original account was charged off in 1994) where I told the collection agency I was sending a paymnet on my account. This is there documentation. They are now supposeldy preapring suit. Will this documentation hold up? Are they within the statue of limitations? And can they sue for intrest as they claim they will?
2 Answers from Attorneys
Re: Statue of Limitations-Specifics
I can't say for sure that their documentation will hold up without seeing it, but it seems to be decent evidence of the joint debt. If you stopped making payments this past spring, than they are well within the statute of limitations. Yes, they can sue for interest.
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Re: Statue of Limitations-Specifics
Without seeing all their potential evidence, there is no way to answer you for sure, but I disagree in a number of ways with the other answer posted to you.
The statute of limitations does NOT date from the last payment, but from the time the debt was incurred (the last charge, unless a new agreement to pay was ever made). I can't tell you what length that is, as it may well be, based on the card agreement, governed by the law of another state.
You are doing one thing completely wrong. NEVER EVER talk to a collector by phone. You should only have contact, if any, in writing.
Making payment on an account for a spouse is NOt prooof it is your account, nor is a credit report. They would need some documentation from the lender, especially if you dispute the debt.
One problem you likely have is that when this first came up you should have immediately in writing disputed the debt and not paid anything until they provided proper documentation. It is possible that the failure to challenge it in a timely fashion may be construed against you.
Finally, yes, interest at the rate under the credit card agreement would be part of the suit.
Since you haven't stated how large the debt is, I can't tell you whether it would be cost-effective to use an attorney at this point, but if the debt is large you may want to call and discuss whether having an attorney write a letter at this point would help. Our number is 40-768-3509.
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