survivedworse
Jun 11, 2009, 02:23 PM
Hello--
I am new to this site but have thoroughly read through many of the posts to gain as much information so that my question would not be overly-redundant.
Today (June 2009) I received a summons for default on a credit card account with a filing date of August 2008. Based on my credit report, the date of last activity for this account was 7/2001. I've been unclear as to what the specific SOL is, as I've read it can be the state listed in the credit card's terms and conditions (SD) or the state in which I reside (GA). Adding to the confusion: although the current state law in GA reports 4 years for open-ended accounts, I've read that in Jan of 2008 the GA Court of Appeals (Case No A07A2338) found the SOL on an unpaid credit card bill to be six years. While the ruling doesn't change the law, I realize that it sets a precedent that future suits may cite. I've also read that in the state of GA, there is still some question that credit cards are open ended accounts.
Seeing as the summons was filed Aug 2008, and the date of last activity was July 2001, I recognize that I've surpassed the six year SOL. Should I still file a debt validation letter with the suing attorney and/or collection agency, or is that a moot point? In the summons, I received documentation that the law office had the right to pursue the debt, but this account has been passed through so many collection agencies that I highly doubt the law office could produce the original contract I signed.
I intend to submit a Notice of Intent to Defend and Answer letter to the court, as well as to the attorney's office, certified, return-receipt, but wasn't sure if I should contact an attorney to do this or if it's even remotely possible to do this myself. I'll also add that this account was "Charged off" by the original creditor.
I really appreciate anyone's response and thoughts.
Thank you!
I am new to this site but have thoroughly read through many of the posts to gain as much information so that my question would not be overly-redundant.
Today (June 2009) I received a summons for default on a credit card account with a filing date of August 2008. Based on my credit report, the date of last activity for this account was 7/2001. I've been unclear as to what the specific SOL is, as I've read it can be the state listed in the credit card's terms and conditions (SD) or the state in which I reside (GA). Adding to the confusion: although the current state law in GA reports 4 years for open-ended accounts, I've read that in Jan of 2008 the GA Court of Appeals (Case No A07A2338) found the SOL on an unpaid credit card bill to be six years. While the ruling doesn't change the law, I realize that it sets a precedent that future suits may cite. I've also read that in the state of GA, there is still some question that credit cards are open ended accounts.
Seeing as the summons was filed Aug 2008, and the date of last activity was July 2001, I recognize that I've surpassed the six year SOL. Should I still file a debt validation letter with the suing attorney and/or collection agency, or is that a moot point? In the summons, I received documentation that the law office had the right to pursue the debt, but this account has been passed through so many collection agencies that I highly doubt the law office could produce the original contract I signed.
I intend to submit a Notice of Intent to Defend and Answer letter to the court, as well as to the attorney's office, certified, return-receipt, but wasn't sure if I should contact an attorney to do this or if it's even remotely possible to do this myself. I'll also add that this account was "Charged off" by the original creditor.
I really appreciate anyone's response and thoughts.
Thank you!