Legal Question in Civil Litigation in Georgia

Personal debt owed.

This is a two pronged question. In April 1997, I loaned my now ex-boyfrend 5,300.00, we signed a promissory note April 11th 1997 is the statue of limitations up? I wasn't sure so I decided to sue him anyway, I had him served at his last known and supposedly current address, his wife said he moved out in January and she has no current address.Didn't the marshall have the option to leave the summons with the wife? I know she is lying because I have been in touch with his mother, trying to solve this out of court. His response is sue him, because he is a hard person to find. What do I do now. Thanks in advance


Asked on 4/20/03, 7:07 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Personal debt owed.

The statute of limitations is probably not up, IF the word "Seal" appears on the note after or next to his signature or there is language to the effect that "this document is given under seal" or something similar. Yes, the marshall could have left the papers with his wife, if he in fact is still living there. If you can prove to the satisfaction of the marshall that the wife is covering for him, you can probably persuade the marshall to go back and serve the papers on her.

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Answered on 4/30/03, 11:32 am


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