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Collections Law/Collection on expired credit card debt
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Question
I live in Ga. I have been summoned and required to file with the Clerk of the State Court to answer to the complaint of credit card debt. My defense is that the statute of limitation for open accounts in Ga is 4 yrs. The last activity on this account was March 2003. My case is the SOL defense..Your thoughts and guidance on what i can expect in court or any additional help you can give on my case preparation..thanks Robert
You will need to show proof of last activity. Your credit report should show DLA. When you file your answer to the complaint make sure you address each item or "count" in the complaint. Deny owing the debt based on SOL and make sure you ask the court to dismiss the case in your answer. You must raise the defense in writing. Also, some attorneys have argued that credit cards are written contracts which would extend the SOL to 6 years.
It sounds like you should be ok. Just speak your mind and don't act like an attorney. Just tell the judge your research has indicated thus and so... and give the facts. You should do just fine.
Let me know how things work out.
If push comes to shove you may deny owing the debt or a part thereof because you question their accounting and the rates being charged.
If you have a legitimate defense the judge will have to look at the SOL first to determine whether to dismiss on those grounds. If the lender provides a different date of last activity you will need to demand proof such as a printout of your payment history. Hopefully their records are accurate.
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Answers by Expert:
Michael Brotherton
Expertise
Consumer/Debtor Rights Advocate. Mike Brotherton is a negotiator with over 30 years experience in consumer lending and collections. Mike has 30 years in the credit and collections industry as a former loan officer, debt collector and manager of two finance companies over several years. Mike is well versed in Loss Mitigation practices and the legal collection process. He has helped literally thousands of people over many years overcome serious financial problems such as foreclosure, creditor lawsuits and abuse by debt collectors. For more information about resolving your "financial emergency" visit www.financialemergency.com. FinancialEmergency.com is a consumer web site which actively promotes Fair Debt Collection Practices and other consumer protection laws. We teach DEBTOR RIGHTS and enforcement of those rights. The more informed you are of your rights and the credit collections practices of creditors the more peace you can have dealing with your FINANCIAL EMERGENCY. Most financial problems are fairly common and as such have some very common solutions. The key is understanding your rights in the collection process and how to enforce them if need be. Primary business- Debtor Rights Advocacy and Debt Mitigation relating to foreclosure, creditor lawsuits, and other serious financial problems. www.financialemergency.com (copy and paste in browser).
Experience
Over 40 years combined experience negotiating disputes and resolving financial issues related to consumer debt, corporate issues and mortgage modifications.
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