Legal Question in Credit and Debt Law in Georgia

Statute limitations on a credit card charge off account

I had a credit card that went into charge off status in 1998. This was initially a $800 credit card. The total amount charge before I became delinquent was about $787. I am now being sued for this debt by an attorney whose is trying to garnish my wages. The amount that they are trying to collect is $3700. I have filed a traverse at the court to dispute it. Before now I had tried to settle with them for $800 and they declined the offer. What can I do to build my case in court? Is this legal? Isn't there a statute of limitations that protects me from this situation?


Asked on 4/07/05, 5:59 pm

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

Re: Statute limitations on a credit card charge off account

A garnishment does not happen until you already lost a lawsuit. The time to have disputed the debt was during that suit. The only defenses to a garnishment will be (1) that the amount sought does not match the judgment plus interest, or (2) payment of the judgment in full, or (3) bankruptcy. You're probably asking way too late; the suit was the time to defend things. (Having said the above, please let me add that without seeing the suit you lost, and the garnishment, I can't give any answer, including the above, with certainty).

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Answered on 4/07/05, 6:24 pm


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