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    flipfloptop's Avatar
    flipfloptop Posts: 1, Reputation: 1
    New Member

    Nov 2, 2010, 08:09 PM
    How do I answer a summons for old credit card debt in state of Georgia?
    I received a summons for a credit card debt that went into default in August of 2005. I closed the account in April 2005 and have the letter stating so from the credit card company, but I think the SOL goes by last payment which was August as far as I can tell. I have researched the SOL for the state of Georgia and I am not sure if the SOL is 4 or 6 years because of In January 2008, the Georgia Court of Appeals ruled (Case No. A07A2338) the statute of limitations on an unpaid credit card bill was 6 years. The ruling doesn't change state law, but sets a precedent that future suits may cite. I found this on website, but am unsure if this changes the SOL or not.The debt I am being sued for is $5,549.00 principal and $6,477.64 interest (which is absurd) and court costs of $105.00. After losing my job and suffering to make ends meet, some credit card payments got behind, the company hiked up the interest, charged late fees, and eventually over the limit fees. I tried to set up payment plans with them, but the entire payment was not even going to paying off the principal, but they continued to add fee after fee. I was straining to pay bills at this time and could not continue to afford giving $200/mth payments for nothing except penalties, interest, and late fees. I am trying to figure out what documents I need and where & how I need to send/file them? I think I need an intent to defend letter sent to the court stating the SOL defense, but I am not sure what or how to write this. And if in fact the SOL is 6 years, are there other defenses I can use to keep from having to pay the entire debt they are asking for? I have quite a bit of paperwork from the actual credit card company itself and am wondering if the debt collection company that is suing me has anything proving that I owe this entire amount. Please help.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member

    Nov 5, 2010, 06:32 AM

    My first question to you would be who exactly is suing you? Is it a commecial collection agency or a law firm? I ask this because nowadays a lot of creditors are using law firms to collect past due debts. If it's a commecial collection agency, then in all likelihood they don't have any proof of the debt as you've said and may not even be licensed to collect debts in your state. If that's the case, then file a response to the summons in the manner prescribed for your jurisdiction and have your day in court with them. Most likely they won't show up and the case will be dismissed. However, if you're being sued by a law firm, you can rest assured that they have their ducks lined up to make a case against you. In that case, your best bet would be to try to negotiate a settlement with them. I'd suggest a lump sum payment, in the neighborhood of 50 to 60% of the demand amount. You might get by with a little less if a great deal of it is interest and fees, as you say.

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