Expert: Michael Brotherton - 9/8/2007

Question
I was sued in Jan of last year in GA. I answered the suit and heard nothing for a year. Because I did not consult a lawyer my answer was basically a denial and lacked important information such as the statute of limitations expiring. I was waiting for my day in court but a summary judgement was entered against me. I did not know that a summary judgement meant that you did not appear in court. Is it still possible to get this judgement vacated based on the statute of limitations having expired? Also when I asked for verification of the debt I was sent four credit card statements, none reflecting a payment. Also the lawyer wrote this "Additionally, The statute of limitations has not expired. The credit cared agreement in this case is in writing. The fact that there is a written agreement makes this a simple contract. The applicable statute of limitations is six years from time the card was cancelled. See o.c.g.a 9-3-24. In this case your account was charged off on April 9th 2004 and you were personally served with the lawsuit on September 21, 2005 which is clearly withing the applicable time of six years."

The last payment on the card was made in Mar 2000 and no payment have been made after. Do I have any recourse?

Answer
There seems to be some debate over whether credit cards are written agreements or open accounts depending on your states interpretation. I agree that cc accounts are "open accounts" and that the statute should be for this type of accounts, however this interpretation is subject to the courts interpretation and the arguments made by the plaintiff. The problem in your case is that you were unable to get your day in court to present your argument.

ALthough it may be possible to file an appeal it depends on your state and is subject to the judges descetion. I am afrai you may have a hard time getting the judgment vacated. You probably need to consult a local attorney to see if they would be willing to take the case. This might not be cost affective since it would cost you to hire an attorney. You may attempt this yourself but it is a long shot.

I would research some of the cases filed in your state as precedent for your appeal. You might want to contact a local law school to see if you can get one of their students to research this matter for you to see if there is such a precedence.