Legal Question in Credit and Debt Law in Georgia

Being sued for credit card debt

I am a resident of the state of Georgia. I received a summons stating I am being sued by a collection attorney for a credit card debt from 2002. I was under the impression that in the state of Ga I am not liable for a cc debt older than 4 years. I think I made the last payment in April of 2002 but was wondering if I call capital one to verify this, will they answer that question. Also, I had called the attorney to set up payment arrangements and they were not interested, they wanted the whole amount. So now, since they were so nasty, I am now wondering if I am even liable for the debt. I have until 9/19/08 to answer this summons and am wondering how I should go about this. Any help you can provide will be greatly appreciated. Sincerely, Ashley


Asked on 9/10/08, 3:00 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Being sued for credit card debt

As attorney Riddle has advised you, you are approaching this wrong. See a bankruptcy lawyer IMMEDIATELY (before your 30 days run) to see what options you actually have. The statute probably has NOT run in the state Capital One usually uses in their credit card agreements although that will take further inquiry.

Read more
Answered on 9/10/08, 10:55 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Being sued for credit card debt

You are incorrect on several counts. The statute of limitations is a defense that must be properly raised in a lawsuit. Otherwise, short of bankruptcy, you owe the debt forever and the creditor can make collection attempts forever. In addition, the statute of limitations that applies might not be Georgia's, and is usually much longer.

Read more
Answered on 9/10/08, 3:31 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Georgia