Legal Question in Credit and Debt Law in Georgia

Can I be sued over a lease ocntract 5 years after default?

A collection agency is contacting me abotu a broken lease from over 5 years ago. GA code 11-2a-506 dealing with purchase contracts says a lease contract lawsuit must be commenced within 4 years. 9-3-24 covering written contracts says 6 years. Which one does an apartment lease fall under?


Asked on 7/28/06, 3:31 pm

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Can I be sued over a lease ocntract 5 years after default?

Yes, you can be sued and if you do not properly defend, a judgment may be obtained. It also does not stop them from collecting. If the debt is valid, why not make a deal with the collector (in writing) to honor your obligation in exchange for not reporting it negatively on your credit?

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Answered on 7/28/06, 3:35 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Can I be sued over a lease ocntract 5 years after default?

Any lawyer would have to see the contract to answer. If the contract recites that it is under seal (OCGA 9-3-23, the period is 20 years. Otherwise, it PROBABLY falls under the 6 year period. It is also reportable on your credit history for 7 years. If the debt is large, or you have significant other debt, you may need to look at other options, such as bankruptcy. If that is something you are considering, visit www.glenashman.com for a worksheet.

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Answered on 7/28/06, 3:49 pm


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