Ask Me Help Desk - Answering a judgement

I have the same question as the original poster. They are suing me for a Capital one Credit card. This debt was to be off my credit report in Nov 2008. NOW they decide to sue. (April 2008). I am in Georgia.

I haven't worked since 2002 and am still awaiting a hearing date on my disability claim. I receive food stamps and medicaid, cause I am low income and raising my autistic grandson. We survive only on HIS SSI that comes to a bank acct in mine and his name. No other income. I have NO resources except for my 1999 van that is my only vehicle. I rent my house.

What do I say in this "answer" letter that I need to file??

Thanks in advance..

Quote:

Originally Posted by Unregistered

I have the same question as the original poster. They are suing me for a Capital one Credit card. This debt was to be off of my credit report in Nov 2008. NOW they decide to sue. (April 2008). I am in Georgia.

I haven't worked since 2002 and am still awaiting a hearing date on my disability claim. I receive food stamps and medicaid, cause I am low income and raising my autistic grandson. We survive only on HIS SSI that comes to a bank acct in mine and his name. No other income. I have NO resources except for my 1999 van that is my only vehicle. I rent my house.

What do I say in this "answer" letter that I need to file???

Thanks in advance..

Inability to pay is not a defense - do you have a defense to the claim? Do you owe the debt?

The statute of limitation in Georgia is 4 years. Has there been any activity on the account in the past 4 years - a charge, a payment? If not, it is beyond the statute. Why was it supposed to be off your credit report? Those are 2 different things.

The expired statute would be your defense to the claim. If this is not a defense (and you have no defense) they will get a Judgment but it sounds like they won't be able to collect anything from you.

You still need to answer the summons. I simple letter stating your intent to defend against the charges would be sufficient. There are lots of other questions in this forum just like yours. I suggest reading them to learn more about how to deal with this.