Legal Question in Consumer Law in Georgia

statute of limitations on civil suit

I am being sued for a debt in the superior court in the state of GA. I have verified that the statute of limitations has expired. I would like to answer this myself but I don't want to compromise the case by not being informed of court procedures. Would you recommend hiring an attorney or do you think I could answer myself and be okay? If so, how do I state the answer and request to dismiss based on the SOL expiring.


Asked on 4/17/08, 8:25 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: statute of limitations on civil suit

Well, it's a cost-effectiveness thing. If the amount involved is going to kill you if a judgment is entered against you, you should consult with an attorney. However (and I say this gingerly because I always tell folks that when you are handling your own legal matters, you are in a similar situation to me if I decided to pull my own abcsessed tooth), if you want to represent yourself, exercise your Constitutional right to do so and go for it. In your Answer state that the debt was incurred on X date and the SOL expired on Y date. HOWEVER, be advised that there are different SOL's for different things. Good luck.

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Answered on 4/19/08, 6:16 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: statute of limitations on civil suit

It is very possible you are wrong on the SOL. Many consumer debts use documents that are based on the law of another state, and the SOL may be different than Georgia. Have you actually checked all the loan documents and any bill inserts since that time?

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Answered on 4/17/08, 11:13 pm


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