[Had a Business Partner]

I had a business partner and long story short went $250,000.00 + in the hole. 4 1/2 years later I almost have everything settled or paid. I recently had an old debt pop up (Citibank Mastercard) through everyone's favorite debt buyer Unifund. I responded to their collection letter asking for validation and informing them that the statute of limitations in Georgia had expired. No response for six months then suddenly I have a law firm writing to me. I responded with a letter stating that the SOL had expired and to go away. I would not have minded paying the debt but they are asking for the original debt plus 30% interest for the last 5 years. No way. Not when I know that they probably bought the debt for 5% of the charged off amount. They responded with a letter stating that they had verified the debt. This consisted of a photo copy of a credit card agreement with no signature and a notarised statement from Citi where they had sold a debt with my name and ssn to Unifund. The attorney had added a handwritten P.S. stating that t he SOL in Georgia was six years not four. Still no signatures or agreements from me. I responded with another letter stating that they had not verified anything excepting the fact that they had bought a debt and that the SOL had still not changed. The SOL statute (OCGA 9-3-25) states that open accounts are four years. There is another statute (OCGA 9-3-24) that states that the SOL for written contracts / simple contracts is six years. Now they have filed suit. If I go to court will I win? Can I countersue for harassment and lost time at work? HELP!!

[mr.yet]

Creidt cards are consider open accounts, so if the file sue agaionst you, File Notice of intent to defend, and Motion to Dismiss expires SOL with prejudice.

They must produce a signed contract, No contract, no claim.

You can file counter suit, winnig, well 50/50

[ballengerb1]

Follow Mr. yets advice, they are trying to get you to blink. Do not under any situation acknowledge the debt or offer to pay even a penny.

[ScottGem]

Feel free to file a countersuit. As ballenger said they are playing chicken with you. But they will blink first.

[Had a Business Partner]

Thank you so much for your input and support. Still looking for case law in Georgia on this. Haven't been able to find anything pertaining to credit card suits. Apparently Unifund and First Resolution are the new "thugs of the debt buying industry". I'll take them to court and hopefully win. If not at first (you never know about a judge's interpretation of the statute) then on appeal. What about all the poor saps out there that don't know that they are being screwed? Everyone should pay their debts. I believe that I have tried diligently to do that. But these guys are absolutely ridiculous. Someone gets in a bind. The CC company takes a tax writeoff on it and then sells it to someone who can keep charging the maximum interest rate. How do you get a class action lawsuit started?

[ScottGem]

You get a class action started by finding other people who belong to the "class".