My question is regarding credit card debt in the state of Georgia.


My husband was served today, May 27th 2010 in regards to an 8 yr old debt that he stopped paying on in 2002. The firm handling the case for providian apparently filed this in court 9/11/2008 and the local sheriff only received the papers to serve on May 15th.

I am getting varying info regarding credit card debt in GA I understand the federal government defines credit cards as open contacts.

Making it 4 yr SOL period under GA statutes for open contracts.

However, I hve also seen credit cards be termed written contracts under GA statute and thus have a 6 yr SOL.


In addition to this what defense does he have? He doesn't deny the debt however when the CA's have called he's explained that at that time he had no meaningful income at that timeand they'd try to harrass him into paying or threaten to garnish my income though I'm not on the account. We share a bank account and a car, the rest of the property is my legal property. Should I open a separate account to put my Social security? TIA.

Also, it came to mind... my mother inlaw may have paid on this account at some point. She has a habit of going behind our backs and "fixing" things. If he did not pay on this account but she did regardless of if she had permission to do so, can he argue that point?

The SOL clock starts ticking after the last payment or agreement to pay, this now seems very confused. It does not matter who made the payment, it was an open acknowledgement of the debt.

IT is from the last payment, so if "she" paid on it, it was paid on.

Next of course he denies owing everything, don't just walk to the chopping block, make them prove their case. Reply that they must prove their case, produce signed documents proving the debt.

Next I would have an attorney review it, since if there was not service at the time of filing, if they had to refile, the SOL may have ran out.

But don't agree to anything, make them prove their case

...
I understand the federal government defines credit cards as open contacts.

Making it 4 yr SOL period under GA statutes for open contracts.

However, I hve also seen credit cards be termed written contracts under GA statute and thus have a 6 yr SOL.
...

Federal law would have no bearing on interpretation of the Georgia SOL.

If they can produce the written contract it would be the 6 year SOL. If they can't (this is frequent with credit card debts), it would be only 4 years.

From the date of last payment to the date of filing of the lawsuit.

File a motion to dismiss, on the basis of the SOL. If they produce payment documentation tending to show payment by the mother-in-law, argue that your husband didn't make any such payment.