I received a plaintiff's request for admissions of fact to defendant, plaintiff's first interrogatories to defendant and plaintiff's first request to produce documents to defendant for a debt that is over 4 years old. This debt is now in front of a summary of judgment hearing. Is it too late for me to fight the debt? I'm in the state of Georgia, where the SOL is 4 years on credit card. Can I used the SOL as a defense? How do I answer the Plaintiff's request for admissions of fact to defendant and the other plaintiff's requests without admitting to the debt? Is there a proper format I need to use? The debt collector never produce a validation of the debt, since he stated that I used an improper form. Is there another way around this attorney bag of tricks? They are suing for more that twice the debt that was owed back in 2003. The original creditor has charged off the debt and do not have any information on the debt other than the last payment date and an inflated interest amount added to the original balance. Do I have a chance in the court system on this debt?

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Originally Posted by kingston10

I received a plaintiff's request for admissions of fact to defendant, plaintiff's first interrogatories to defendant and plaintiff's first request to produce documents to defendant for a debt that is over 4 years old. This debt is now in front of a summary of judgment hearing. Is it too late for me to fight the debt? I'm in the state of Georgia, where the SOL is 4 years on credit card. Can I used the SOL as a defense? How do I answer the Plaintiff's request for admissions of fact to defendant and the other plaintiff's requests without admitting to the debt? Is there a proper format I need to use? The debt collector never produce a validation of the debt, since he stated that I used an improper form. Is there another way around this attorney bag of tricks? They are suing for more that twice the debt that was owed back in 2003. the original creditor has charged off the debt and do not have any information on the debt other than the last payment date and an inflated interest amount added to the original balance. Do I have a chance in the court system on this debt?

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I trust you are aware that the Statute runs from the last "action" on the credit card - use of the card or a payment. If it's out of Statute, that's your defense.

Not a surprise that the debt has doubled - interest, Attorneys fees.

If you use the search feature (above) you will find lots of info on the proper way to respond.

You respond to all interrogatories with a statement that you can neiter affirm or deny anything until the debt is verified. This means the platinf has to produce the signed contract and a statement of activity. From that you casn make sure the debt is valid and whether the SOL has expired.

You need to find a Lawyer who is a member of the Georgia Bar like yesterday or sooner. You already have been served with the Discovery and now they move for summary judgment. Which means they are the sharks and you are a delicious tasty ham sandwich. If you have raised no defense at this point or given them ammo in those interrogs, your case is toast. Get a lawyer, a member of the Georgia Bar and get in there. You are way out of your league.