Legal Question in Civil Litigation in Georgia
Summons to answer
I was served a summons to answer in Feb. 2007 for an old cell phone bill in GA. Summons was filed Dec. 2006. Date of last payment was Feb. 2001. What is the statute of limitations on cell phone bills, 4 or 6 yrs (I've heard differing opinions as to whether cell phones fall under UCC or State code)? I'm assuming that if it is 6 yrs the fact that they filed in Dec. 2006 puts them just under the statute of limitations expiration or do they actually have to file a lawsuit? Also, the summons contains my former married last name and not my current. Will they need to refile with my correct name?
1 Answer from Attorneys
Re: Summons to answer
The statute of limitations can differ depending on the facts of your cell agreement. In general, you have to file suit to beat the statute of limitations, but in your post you stated that they already did. They can simply modify your name on the complaint.
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