QUESTION

Can I be sued for a credit card default when the last payment made was January 2008 and the suit was filed on March 17, 2014?

Asked on May 12th, 2014 on Bankruptcy - North Carolina
More details to this question:
In Georgia, I thought the statute of limitation was 6 years on credit card debt. Do I need an attorney or is there a way to answer this myself?
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1 ANSWER

Can you be sued? Yes. And obviously you were. The statute of limitations does not mean that you don't owe the debt. It means that you have a defense to the debt. You should not do this on your own. The statute of limitations defense must be raised in an answer that is timely filed with the court. You have 30 days from the date that you received it. If you were sued in magistrate's court there is an answer form. However, it would be money well spent if you hired a lawyer. If you do not raise the defense properly in an answer that is filed with the court, you risk having a judgment entered against you. The statute of limitations is 6 years in GA for a credit card debt. But it runs from the date of your last payment on the debt are you sure that the date of last payment was in January of 2008? Do you have proof? Old bank statements, credit card statements, cancelled checks anything like that? If not you will need to see what you can dig up. There is no discovery in small claims court if the suit was filed there. The parties are supposed to work out discovery among'st themselves. This will be easier if you have a lawyer as the lawyer will know what to ask for from the creditor. Is the lawsuit by a junk debt buyer or original creditor? If a junk debt buyer then you also need proof of assignment/sale of the debt to the junk debt buyer. Often debts are sold multiple times and there may be no proof that you even owe a debt let alone owe one to the junk debt buyer.
Answered on May 15th, 2014 at 7:18 PM

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