GA collection case ScottGem & Mr.yet, are you still here?
I have posted about my situation before, but there has been no activity in months. Until today, that is, when I received a court date. In brief, my situation is as follows:
July 2, 2007 -received colelction letter regarding an old credit card. I believed the Statute of Limitations in my state (Georgia) had passed. I sent a return letter, disputing the debt on that basis.
Aug. 3, 2007 -received a second letter, with a settlement offer. I sent another letter, disputing the debt and requesting a full accounting of all activity (dates and amounts of payments)on the account.
Aug. 20, 2007 - received a summons. I filed an Intent to Defend with the Court, on the basis that the SOL had passed.
Oct. 31 - received the Request for Production of Documents, First Interogatories, & First Request fot Production of Documents. I responded that I was unable to answer the questions, because the attorney had not provided validation of the debt.
Today - received a court date of Sept.15th.
My plan is to go to court with all my information. My first defense is that the SOL has passed - I have documentation and cases of open vs. written & when statute begins. My second defense is that it violates the FDCPA to file a lawsuit without validating the debt - I have court cases about what constitutes validation and bringing suit on time-barred debts.
They are basically saying that the date of the last payment is later than my records indicate, and that the SOL is 5 Years, not 3. My credit report shows first delinquency of 10/02.
What else do I need to do? Do I file a motion to dimiss? If so, how do I do that? Or do I just show up with the copies of everything and go with the 2 things I mentioned before?
Thank you if you read all this! Any help is appreciated!
