In Georgia, can you appeal a consent judgment? I agreed to a payment plan on a suit against me because I did not have the full amount. I did not know there was a statute of limitation. A family member had helped me out 5 years ago and after a falling out sued me for the $2,500. I have made 4 of 10 payments, but now I find out the statute of limitation is 4 years

You extended the statute by making the payments - it now runs from the time of the last payment. The creditor is in a position to sue youand get a Judgment and you cannot argue statute of limitations.

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Originally Posted by Carolineelise

In Georgia, can you appeal a consent judgment? I agreed to a payment plan on a suit against me because I did not have the full amount. I did not know there was a statute of limitation. A family member had helped me out 5 years ago and after a falling out sued me for the $2,500. I have made 4 of 10 payments, but now I find out the statute of limitation is 4 years

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Judy, I read that the OP has already been sued, consented to a judgment and established a payment plan with the plaintiff... no?

To the OP: you cannot appeal unless you did not understand what you were agreeing to, or if the court acted in an improper manner. SOL should have been argued at the hearing, not after you consented to judgment and then started making payments.

And as Judy already pointed out, SOL runs from the date of last activity - which would be a payment. If someone lends you $10 on January 1, 2005 - SOL would expire in Georgia on January 1, 2009. Let's say you gave them $1 on July 1, 2008 - SOL would then expire on July 1, 2012, not from the date that the original loan was made.

Without knowing what OP means by "consent Judgment," it's hard to know - if, in fact, it WAS a Judgment, OP owes.

If, in fact, it was NOT a Judgment - OP just extended Statute.

Good catch -

You're right either way. I see plenty of people show up for court, admit to owing the money and working out a payment plan - the judgment is still placed against them because they acknowledged that they owe the debt.

My guess was that the OP consented to the judgment before they were aware of statute of limitations and now wants to know if they can undo it... which is odd, because on the 1st question they asked they had no idea what SOL was.

Why did you agree to paymemts you could not make ?

But you will owe the money, so figure out how to pay them.

If they got a judgement, it is good for 10 years. If there is no judgement, the SOL runs from the date of last payment ( and in some cases date of last promise to pay)