after how many years can a creditor not collect a debt ?

[speedaddict]

or maybe links for Georgia laws

[jp2861]

They can collect on a debt forever, until you file bankruptcy, or until you pay. SOL can be used as a defense, if you show up to use it. But, even so, they can attempt to collect outside the court system forever.

[Rintaro]

Key word here is "attempt"A Collection Agency Can Attempt or make efforts to collect indefinatly, it is only limited by the Debtors personal knowlegde of the law and willingness to execute their rights.

A debtor is not legally obligated to pay a Non- Judgement debt that is past SOL, but it is up to the Debtor to bring that defense if an old debt goes to Court & suit is filed. The Debtor has the burden of proof.

An effective tool as a response to debt collection of debts you may feel are past SOL is to send a Debt Validation letter,

Asking the CA to validate the debt. inclcuding the amount owed, contract signed by you, and proving that the Debt has not past statue of limitations.

If they can not Validate the debt, then there is a chance they will vacate their action and sell the debt to another collection agency, which will result in new collection activity from a different CA trying to collect on the same expired debt.

So round & round you go through the process of requireing validation and be very alert and aware of any activity, look for CA possibly filing suit , do NOT ignore any, respond & be prepared to defend any debt past Statue.

It is a vicious cycle That some will say only ends when one files BK, I have less than 10K in debt in collections 6k of that is debt that has past SOL, I will tirelesly fight those activities, and it is no problem for me to ignore non judgement collection letters and continue to require with in my rights that any CA Validate any debt they try to collect. I have not sent 1 red penny to any of these bozos, I know my rights.

[speedaddict]

Key word here is "attempt"A Collection Agency Can Attempt or make efforts to collect indefinatly, it is only limited by the Debtors personal knowlegde of the law and willingness to execute their rights.

A debtor is not legally obligated to pay a Non- Judgement debt that is past SOL, but it is up to the Debtor to bring that defense if an old debt goes to Court & suit is filed. The Debtor has the burden of proof.

An effective tool as a response to debt collection of debts you may feel are past SOL is to send a Debt Validation letter,

Asking the CA to validate the debt. inclcuding the amount owed, contract signed by you, and proving that the Debt has not past statue of limitations.


If they can not Validate the debt, then there is a chance they will vacate their action and sell the debt to another collection agency, which will result in new collection activity from a different CA trying to collect on the same expired debt.

So round & round you go through the process of requireing validation and be very alert and aware of any activity, look for CA possibly filing suit , do NOT ignore any, respond & be prepared to defend any debt past Statue.

It is a vicious cycle That some will say only ends when one files BK, I have less than 10K in debt in collections 6k of that is debt that has past SOL, I will tirelesly fight those activities, and it is no problem for me to ignore non judgement collection letters and continue to require with in my rights that any CA Validate any debt they try to collect. I have not sent 1 red penny to any of these bozos, I know my rights.

how long is the statue of limitations on debts ? I suppose it varies from state to state

[speedaddict]

I found it.................

Georgia Statutes of Limitation

Breach of any contract for sale: 4 years, (OCGA 11-2- 725) NOTE: Parties may reduce limitation to not less than one year, but not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.

Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year.

Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24)

Open account; implied promise or undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not stopped the statute. Therefore, the statutory period runs from the date of default, not the date of last payment.

Bonds or other instruments under seal, 20 years, (OCGA 9-3-23) NOTE: No instrument is considered under seal unless it’s stated in the body of the instrument.