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    rhjgeorgia's Avatar
    rhjgeorgia Posts: 2, Reputation: 1
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    #1

    Jun 7, 2007, 07:26 AM
    Statute of Limitations on Credit Card Debt -Georgia
    I keep getting calls from "Lawyers" regarding a credit card balance from 2002, the last payment I made on the card was Jun 02, 2003. They now say my balance is over $9k I have asked many times verbally and by writing and by fax for copies of proof of the debt but they cannot provide me with anything except 4 years worth of statements with a beginning balance of $XXX and ending balance of $XXX (same amount) Nothing showing the charges made. Now they called and said they are going to garnish my wages. I keep telling them to stop calling but they keep calling. Isn't this harassment? How do I stop them from calling? Is this covered under the GA statute of limitations? What do it or should I do?:confused:
    Lowtax4eva's Avatar
    Lowtax4eva Posts: 2,467, Reputation: 190
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    #2

    Jun 7, 2007, 07:36 AM
    Unfortunately I don't think you have reached the statute of limitations, this is usually 6 years from the date of your last payment. But was a collection agency ever involved? Like didn't you receive collection letters before these lawyers started calling.

    I would send them a registered letter asking them to stop calling and prove they are authorized to collect the debt, if they still call and don't reply you can report them to the FTC, but again, will they look into the complaint any time soon? Maybe not, so you might have to put up with it a while more.

    Also a lawyer would just sue and garnish your wages, they wouldn't call and threaten, these are most likely collection agents. If you don't have their address to send them a letter tell them your not paying a dime till they send a letter and hang up next time they call, repeat until it works.
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674
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    #3

    Jun 7, 2007, 07:40 AM
    It is probably a collection agency and not lawyers. Here I go again. I hate those guys.

    They can't do anything to you unless there is a judgment against you and for that they have to take you to small claims court. They can't provide proof because they probably bought this of another agency for so many cents on the dollar. As so it goes down the line when they get tired of you, it will be sold again, with interest.

    You will probably hear better information then mine here, but basically above is my take on the situation, cause have been there before. I had proof, they didn't, so passed over to my lawyer after getting tired of talking to them, and I really did enjoy that, they got so damned angry at me, hung up on me whatever, threatened to take my house, my car my dog my cat, etc. Go figure. After my lawyer got ahold of them I haven't heard anything for about a month now.

    I am waiting, and I have everything I need for a good case.

    I am not telling you to take it lightly, and yes it is harassment but that's how they operate and it works with most people.

    Let them rant and stay firm.
    Assistant1's Avatar
    Assistant1 Posts: 4, Reputation: 1
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    #4

    Nov 12, 2007, 09:13 PM
    The statute of limitations for credit card debt in the state of Georgia is four years. The Federal Truth In Lending Act indicates that credit cards are open end accounts. Those who maintain that credit cards are written agreements rather than open end accounts are incorrect. Federal Law supersedes state law or a state court's interpretation. As indicated the Federal TILA clearly defines credit cards as open end accounts and in the state of Georgia, that would be a four year statute.

    Georgia's statutes provide,
    Quote:
    Quoting OCGA § 11-2-725. Statute of limitations in contracts for sale

    (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
    And
    Quote:
    Quoting § 9-3-25. Open accounts; breach of certain contracts; implied promise; exception

    All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.

    Here is a site which you will surely want to review as it contains invaluable information for those who have reached the four year statute of limitations for credit card debt:

    Why Chat's Credit Confusion -How To Answer A Lawsuit
    (Click on highlited blue link)

    It is recommended that you contact threatening debt collectors with a SOL letter making them aware you know your rights. If you are facing a court hearing, the above link provides all the tools you need to defend yourself. This site even includes a US Supreme Court decision defining credit cards as an open end account. Knowing your rights, being prepared & being firm are important to a successful, affirmative SOL defense. The above site gives you all the tools you need for a successful defense. Note: The information at the above link may be applied to each state's SOL for open end accounts. In Georgia, the SOL for open end accounts (credit cards) is four years. The same information could also, be applied to other state's SOL for open end accounts.
    javapop's Avatar
    javapop Posts: 1, Reputation: 1
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    #5

    Oct 10, 2008, 08:32 AM
    Quote Originally Posted by Assistant1 View Post
    The statute of limitations for credit card debt in the state of georgia is four years. The Federal Truth In Lending Act indicates that credit cards are open end accounts. Those who maintain that credit cards are written agreements rather than open end accounts are incorrect.
    This is very good information, how does the January ruling by Appellate Court (January 24, 2008 in Hill v. American Expres) affect this? Your information appears to be legally solid; but that January ruling appears to offer some some some collection agencies.

    Is there any particular "kind" of attorney that is best suited to handle a case of this sort?

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