Legal Question in Credit and Debt Law in Georgia

Yes. This question makes no sense. If a lawsuit was filed, then the creditor who started the lawsuit can assign or sell it to a new creditor. A party substitution is filed and the new creditor is substituted for the old. Telling me it took 3 years to serve you with papers tells me nothing. Why? The statute of limitations is 6 years in Georgia for a credit card debt but the statute is stopped once a lawsuit is filed. The only time this might be relevant is where a statute is close to running and a complaint is not served before it runs. Sometimes the plaintiff was not real diligent about service and the courts in those cases will toss out the lawsuit. You need to stop worrying about if you can be sued. Just know that you can be. Instead, you need to take the paperwork to a litigation attorney and find out if service after this much time was proper and if the lawsuit can be challenged or if you can file an answer.

Lawsuits must be brought by the real party in interest. What that means is that the creditor must prove that you owe the debt and that the creditor suing you now owns it. So the creditor will have to produce bills of sale as well as the original credit card statement or loan agreement but only if you file an answer and if you ask for these things properly. So I would not be posting here but get to an attorney.

The other issue is how much is the lawsuit for and will it be cost effective to litigate? Many times it isn't but sometimes it is. A lawyer will not know without review of the summons and complaint.