Legal Question in Credit and Debt Law in Georgia
What is the statute of limitations for a default in GA?
I Purchased a car in Georgia in 1995 which was repossessed in 1997. I moved to Massachusetts 2000. I received a letter from a Massachusetts Attorney in 2007 stating that he had optained a Mass. judgment against me in 2005 for the debt. Is this a violation of the Georgia statute of limitations?
2 Answers from Attorneys
Re: What is the statute of limitations for a default in GA?
You ask a complex question. The issue involves which state's statute of limitations applies to an action brought in Massachusetts, where the defendant's property was repossesed in Georgia. The substantive conflicts of law rules of Massachusetts would determine the issue. To more fully answer the question, I would need to know more facts.
Re: What is the statute of limitations for a default in GA?
The Statute of limitations is raised as a defense to a lawsuit. If not properly raised in the lawsuit, it is waived and the judgment is as good as any other judgment.