from what I gather the statue of limitations on cc debit is 4 years in georgia. However one of the lawyers I called last week said that cc companies will base statue of limitations on the state they are located in and not mine, This sounds odd. Is there any truth to this?
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I'm also in Georgia and I was sued on a debt that was outside of the four years. The JDB tried in motions to assert that the six year statute applied rather than the four. I believe that statute of limitations of the state that you were living in at the time you agreed to the terms applies. -
I got the citi card in georgia in 94 and still living in georgiaComment
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When did you make your last payment or charge? That's when the SOL starts.Comment
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If you were a resident of Ga when you took on the debt and still are a resident than the SOL is for GA, 4 years for an open ended account.Originally posted by josephga View Post
Collections lawyers are some of the best liars (and slimeballs) in the world. He's hoping you won't know the law and will let him slip in a judgment after the SOL. Calculated dishonesty - knowing most people will not contest a lawsuit if they don't know the SOL law for their state.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.“When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair LewisComment
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this lawyer actually was one of the 3 that i talked with about handling my chapter 7 case if i decide to file.. i last paid in January of of this yearComment
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Statute of Limitations for credit card debt is 3 years in Arizona...
The world's simplest C & D Letter:
"I demand that you cease and desist from any communication with me."
Notice that I never actually mention or acknowledge the debt in my letter.Comment
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I've noticed that Cap1 has a section in their CC credit card agreement that essentially says the SOl is either that of the State of Virginia (3 years on CC) or your current state of residence, whatever is longer. LOL They are getting their act together. Here is site that you can browse through several CC consumer agreements.
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6 years in GA .. per my attorney who won against a JDB (Portfolio Recovery Associates)Originally posted by josephga View Post
In addition, SOL would start on the day after you made the past payment on the account.Last edited by gacreditguy; 08-09-2010, 05:36 AM.Thanks,
GaCreditGuy
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BK7 Filed : 01/29/2006
341 Completed : 03/06/2006
Deadline For Objections: 05/05/2006
Discharged : 06/30/2006
Case Closed : 06/30/2006Comment
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Georgia is 6 year SOL on contract, 4 years on open accounts like credit cards. The one that is driving the courts crazy because it has been decided each way is the deficiency after repo.Comment
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Honestly, SOL doesn't matte that much. Keep in mind, it is an affirmative defense to a lawsuit. Meaning, they can still actually sue you, and if you do not appear in the lawsuit to raise the defense, they will usually get a judgment. Also, just because the SOL expired, doesn't mean collection stops, so long as they don't threaten to sue you, then can keep calling.Comment
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I will be moving to VA next week from a state with 6 yr SOI. Some of my charged off CC have hit the 2 yr mark this month.
Originally posted by treehugger1 View PostComment
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This is a good post about SOL issues.
I particularly like the line "the Statute of Limitations game is like a horse race where you don’t leave the gate hoping the other horses all collapse for some reason before crossing the finish line."Comment
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