[survivedworse]

Hello--

I am new to this site but have thoroughly read through many of the posts to gain as much information so that my question would not be overly-redundant.

Today (June 2009) I received a summons for default on a credit card account with a filing date of August 2008. Based on my credit report, the date of last activity for this account was 7/2001. I've been unclear as to what the specific SOL is, as I've read it can be the state listed in the credit card's terms and conditions (SD) or the state in which I reside (GA). Adding to the confusion: although the current state law in GA reports 4 years for open-ended accounts, I've read that in Jan of 2008 the GA Court of Appeals (Case No A07A2338) found the SOL on an unpaid credit card bill to be six years. While the ruling doesn't change the law, I realize that it sets a precedent that future suits may cite. I've also read that in the state of GA, there is still some question that credit cards are open ended accounts.

Seeing as the summons was filed Aug 2008, and the date of last activity was July 2001, I recognize that I've surpassed the six year SOL. Should I still file a debt validation letter with the suing attorney and/or collection agency, or is that a moot point? In the summons, I received documentation that the law office had the right to pursue the debt, but this account has been passed through so many collection agencies that I highly doubt the law office could produce the original contract I signed.

I intend to submit a Notice of Intent to Defend and Answer letter to the court, as well as to the attorney's office, certified, return-receipt, but wasn't sure if I should contact an attorney to do this or if it's even remotely possible to do this myself. I'll also add that this account was "Charged off" by the original creditor.

I really appreciate anyone's response and thoughts.

Thank you!

[tickle]

No, absolutely, they can't validate your debt, can't produce the original agreement, they are flying by their boot straps. The account was charged off by the original creditor because they had already sold it for so many cents on the dollar. They were content with that.

You can do what I have done, and in only one instance I have ever had, I have told them to go fly a kite, or had my lawyer send them a letter that the debt had already exceeded the SOL, and basically, he told them to fly a kite as well.

Do what you want with it but ignore calls, don't respond because you are only encouraging them to pursue you.

Ms tickle, regards

[ScottGem]

I dsagree with Tickle here. Your credit report is not the most accurate indication of when the last activity was. Georgia lists the SOL as 6 years for written contracts and 4 years for oral. The question is where a credit card account falls into. If you filled out an application for the card, that would consititute a written contract In my opinion.

You will need documentation from the plaintiff to know for sure (or fight) what the last activity was.

But there is another issue here. When you open a credit card account you are promiging to repay what you purchase with the card. That promise is a moral obligation. So, while you may be able to avoid having a judgement against you, you still are obligated to repay.

[tickle]

Yes. And although scotgem disagrees with me, I agree with him, in a way. My problem was with, not a bankruptcy, my husband wouldn't do that because of our assets, like the house, but with 'an agreement to creditors', whereby they settled for so much on the dollar and everyone is happy, but we still had to borrow to settle up the debt. I disagreed with TD bank who would not accept, refused to accept so much on the dollar, and sold it. I am still hearing from collection who have bought the debt. My lawyer takes care of it. I refuse to pay anymore money, time, and stress. This type of arrangement had to be agreed to by the Court System in Ontario.

We paid our dues and I am not paying any more, especially to these cut rate, hole in the wall so called lawyers (which they are not, just occupying space in a lawyers office).

Yes, when you open a credit card, and unfortunately nowadays, everyone does, you have to hold up to the agreement.

Sobeit.

Tick

[survivedworse]

Thank you both for your thoughts. ScottGem--what is the best way to identify the date of last activity if the credit report isn't enough to justify it?

[ScottGem]

You will need to get an accounting from the plaintiff. Or refer to your own records.

[survivedworse]

Thank you ScottGem!