I live in the Atlanta, GA area and I brought a house last spring. This summer I start receiving mail and phone calls from a law office regarding a credit card that was closed over 10 years ago, but I paid some money on it after that. So, it has been over 7 years,but a few month under 10 years. Before I brought my house I disputed everything on my credit report and those companies that responded I paid them off. I cleaned up my credit. So I sent the law office a letter disputing the account and to send proof. What they sent me was not enough proof that I had an account, so I didn't respond. About two weeks ago I got these paper in the mail, to sign. The law office had filed the paper at my local county courthouse. I am expecting a baby in less than a month and I am working a temporary assignment that will end around that time. I won't have income, besides unemployment. Can the law office garnish my income tax refund and (or) any of my income? If so, what can I do to stop it from happening? File Bankrupty?

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Originally Posted by tug1977

Can the law office garnish my income tax refund and (or) any of my income? If so, what can I do to stop it from happening? File Bankrupty?

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Hello tug:

They can't get your income tax refund, unless it's already in your account and they seize your account. Yes, you can file for bankruptcy, but that ain't cheap.

How much do you owe?

excon

Is there a Judgment against you? The creditor can do nothing without a Judgment.

Closing an account does not end the debt. It just means the account can't be used anymore.

If there has been no activity on the account in 7 years, there may be a Statute of Limitations issue. I think the SOL in GA for credit card debt is 6 years.

So, wait until they file suit and send you a summons, then defend that suit in court.

SOL for Georgia is 4 years:
Statute of Limitations - Open accounts for debt collection

Pinpoint the exact date that you last paid them a single cent; that's the date that the SOL begins. If it's been more than 4 years, they cannot legally collect their money any longer. Like Scott pointed out, wait to see if they file a suit; if they do, that's your defense.