Greetings,
I recently was served with papers via a Sherrif's deputy around 2 months ago. I answered the supeona and followed all of the proper channels notifying the bottom feeder collection attorney that bought the debt that the debt was incorrect, not mine, and that the statue of limitations had clearly run out. I had heard nothing until this past weekend when I received a certfied letter stating that the attorney is filing a motion for discovery? The date of last activity on this account was April of year 2000, The statue of limitations in the state of GA for unsecured debt is 4 years. What is this guy doing. Do I need to worry at this point. The debt will be eligible for removal from my credit report May of next year. My credit at this point is steller and all bills are paid in a timely manner. I have no intention of paying this debt to the attorney due to the amounts being grossly overstated. The amount he claims I owe is in excees of $3000.00. If I owed anthing it would have been in the $300.00 range... Any advice you might be able to give would be greatly appreciated.
Regards,
Todd
Atlanta

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Originally Posted by toddmcgawlik

Greetings,
I recently was served with papers via a Sherrif's deputy around 2 months ago. I answered the supeona and followed all of the proper channels notifying the bottom feeder collection attorney that bought the debt that the debt was incorrect, not mine, and that the statue of limitations had clearly run out. I had heard nothing until this past weekend when I recieved a certfied letter stating that the attorney is filing a motion for discovery? The date of last activity on this account was April of year 2000, The statue of limitations in the state of GA for unsecured debt is 4 years. What is this guy doing. Do I need to worry at this point. The debt will be eligible for removal from my credit report May of next year. My credit at this point is steller and all bills are paid in a timely manner. I have no intention of paying this debt to the attorney due to the amounts being grossly overstated. The amount he claims I owe is in excees of $3000.00. If I owed anthing it would have been in the $300.00 range... Any advice you might be able to give would be greatly appreciated.
Regards,
Todd
Atlanta

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File Motion to Dismiss, citing the SOL, Request your own discovery, requesting the original contract, not a copy-----ORIGINAL, make them provide you with the documents need for you motion to dismiss. Read the COurt Rules for procedure, available at the public library.

I'm confused. If this is not your debt, then the SOL has no bearing. Why haven't you removed it from your credit report already?

What the attorney is doing is spending a few cents in postage in the hopes of getting you to settle. If you know they can't prove the debt is yours, then don't worry about it.