Hello,

A collection company (law firm) recently(June/2007) entered a judgement on my credit report for an old debt that had been charged off nearly nine years ago.

The debt was removed from all three credit reports in 2006. After researching, I found online the SOL for open accounts, such as credit cards, for Georgia is 4yrs. It's been nearly nine. I have two questions:

1. It my understanding that even though the collector can still attempt to collect, that due to the expiration of the SOL in GA, the debtor cannot collect through legal proceedings such as a judgement. Is this correct?

2. I filed a complaint with the FTC against this law firm today was told the collector possibly has violated the fair credit reporting act by entering this judgement after so many years. Is this too correct?

I also disputed this amount and stated the SOL in my defense to the credit bureaus.

Thanks!

The four years is for breach of contract and it is actually 6 years from your last payment that counts in your case.

But at nine years you are right and seem to be going about it in the right way.


Debt collection statute of limitations listed by state (http://www.fair-debt-collection.com/SOL-by-State.html#11)
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.

I'm confused. You say they entered "a judgement". Does that mean they have a judgement against you? If so, when was the judgement obtained and where?

To report a judgement on a credit report, they have to already have a judgement issued by the court,

When was the judgement issued, if they got a judgement several years ago, it will stay valid for 10 years and can be renewed

Judykaytree:
I am not sure what you are saying
I didn't say anything about not submiting a response/explanation to be permanently filed.
In fact I said she seemed to be going about it the right way because she did dispute it and submit a response/explanation to be permanently filed

I was simply pointing out that her 4 year figure was for breach of contract and it is 6 years for what she is claiming.

Judykaytree:
I am not sure what you are saying


I think Judy was responding to your posting SOL info when, if a judgement has already been obtained, would be moot.

Hello Yevette:

If a court entered a judgment, then the court is where you have to fix it. The FTC can't do anything about it. Neither can any of the three credit bureaus.

In terms of whether you have a CASE in court, or not, depends on when the judgment was awarded and whether you received proper notice. Those are the only grounds you might have. When it was entered on your credit report has nothing to do with anything.

excon

Please don't use PMs for followups. Please add a reply to the thread. We need more info to help.