I received a summons today regarding a credit card debt that is several years old. It is on the borderline of the Statute of Limitations --they are claiming a payment in Sept. 2003 -my records show the last payment was in JUne 2003. In Georgia the Statute of limitations is 4 years from date of default, and a payment does not stop the Statute. I sent the lawyer a letter a few weeks ago saying that the Statute of Limiitations had passed, and requesting a full accounting of the debt (with all payments). I have not received this.

Should I go to to the Court and fill an Intent to Defend, and hope that the they do not show up for court or that the judge will rule that the Statute has expired? Or should I try to work out a payment arrangement without going to court? They offered a lump sum settlement amount of $4500 (original debt is $5200), but I cannot afford a lump sum. The best I can do is pay $100 a month.

Thank you for your advice!

Yes you should file the Intent to Defend, otherwise they get a default judgement.

AFter the Notice of Intend to defend send the attorney a discovery request, request a complete accounting of the alleged debt, copy of the original contract you signed, etc.

ASk for the alleged sept payment, request proof it has made and how it was done, cash, check, money order, etc

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Originally Posted by dddd

I received a summons today regarding a credit card debt that is several years old. It is on the borderline of the Statute of Limitations --they are claiming a payment in Sept. 2003 -my records show the last payment was in JUne 2003. In Georgia the Statute of limitations is 4 years from date of default, and a payment does not stop the Statute. I sent the lawyer a letter a few weeks ago saying that the Statute of Limiitations had passed, and requesting a full accounting of the debt (with all payments). I have not received this.

Should I go to to the Court and fill an Intent to Defend, and hope that the they do not show up for court or that the judge will rule that the Statute has expired? Or should I try to work out a payment arrangement without going to court? They offered a lump sum settlement amount of $4500 (original debt is $5200), but I cannot afford a lump sum. The best I can do is pay $100 a month.

Thank you for your advice!

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THank you both for your replies.

So I Should NOT contact them and offer to pay what I can ?

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Originally Posted by dddd

THank you both for your replies.

So I Should NOT contact them and offer to pay what I can ?

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No do not contact them, once you file the notice to defend and send them a discovery, they will most likely contact you. Simply tell them to put it writing.

Depending on where you are, just the offer to pay will restart the SOL.

We are in Georgia.

If I lose in court and they are granted a judgement, will I be allowed to make payments on the amount? Or will they want the entire amount then? Will they be able to seize any assets? I do not own a house (it is solely in my husband's name), we are still paying on my car, and I am not listed on our checking account.

Generally they cannot seize non cash assets. But once they ger a judgement they have little incentive to accept a payment plan.

So if they get a judgement and I cannot pay the whole amount, what would happen then? I have no bank account to seize/garnish.

If you have no assests to seize and no salary to garnish, they wait until you do.

I have been doing a lot of reading, trying to find the best course of action. On the website

How to Beat a Collection Lawsuit Not Pay Your Debt or Beat a Collection Suit

They talk about a filing a sworn denial. It states that "When a sworn denial is filed, the debt collection attorney cannot rely upon a sworn affidavit of account, but must instead produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably. "

Is the sworn denial applicable in my case? If it states something like " I deny that this debt is a valid debt, and if it is a valid debt, I deny that the amount sued for is the correct amount."

Does anyone know about this?

I would be leery of this sworn denial. You run the risk of perjury. I also think the atty who wrote that article may be putting too little emphasis what proofs the creditor has to come up with.

Quote:

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Originally Posted by dddd

I received a summons today regarding a credit card debt that is several years old. It is on the borderline of the Statute of Limitations --they are claiming a payment in Sept. 2003 -my records show the last payment was in JUne 2003. In Georgia the Statute of limitations is 4 years from date of default, and a payment does not stop the Statute. I sent the lawyer a letter a few weeks ago saying that the Statute of Limiitations had passed, and requesting a full accounting of the debt (with all payments). I have not received this.

Should I go to to the Court and fill an Intent to Defend, and hope that the they do not show up for court or that the judge will rule that the Statute has expired? Or should I try to work out a payment arrangement without going to court? They offered a lump sum settlement amount of $4500 (original debt is $5200), but I cannot afford a lump sum. The best I can do is pay $100 a month.

Thank you for your advice!

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This is Probably a dumb question, but... when I go to file the Intent to Defend, is it a form that I fill out at the court? Or is it something that I need to have typed up before I go? Does it have to be notarized?

And is the same true for filing Discovery?

Thank you for your time and help!