Legal Question in Credit and Debt Law in Georgia
Need to answer a summons on 7 year old debit
I have received a summons from today from the courts regarding a debit from 1995. This debit is past 7 years old and is no longer on any of my credit reports. I need help answering the summons. Here is what it states:
1)The Defendant is a resident of said state and county and subject to jurisdiction of this court 2) The Defendant is indebted to the Plaintiff, as assignee of ''creditor name'' in the principal sum of $2,189.25 plus interest in the amount of 708.20 as of Sep 26, 2006 and continuing to the rate of 7.0% under the terms of the credit card agreement between the defendant and the Planintiff's above named assignor which is presently in default. 3) Demand has made upon defendant for the balance due. Despite said demant the defendant has failed
and refused to pay.
Wherefore, Plainfiff demands judgement against the defendant for the sume of $2,1989.25 principal, $708.20 inrest, plus additional accruing interest at the rate of 7.0% up until the date of the judgement and all cost of court.
Of course my defense is the statue of limitations law of Georgia which is 6 years. I need to know how to answer the summons and do i have to enclose any documention such as a credit report.
2 Answers from Attorneys
Re: Need to answer a summons on 7 year old debit
You have been sued... you need a lawyer. This board is not for the purpose of specific legal advice in a case, which is what you are asking. I'll simply add that, generally speaking, a credit report has no relevance whatsoever to a collection lawsuit. You have been sued... get a lawyer.
Re: Need to answer a summons on 7 year old debit
You have been sued and if you do not get a lawyer or pay, expect problems. Do it yourself usually equals losing. (Note that if you truly owe the money you may not have a defense). Be aware that a full defense could cost thousands of dollars. If you do proceed pro se, at least pay a lawyer to help draft the response. Do be prepared to pay if you lose (and also look into whether bankruptcy now is an option).
As for the statute of limitations, you likely are wrong. The statute that governs will be the state law in the credit card agreement. Usually that is NOT Georgia but something like Nevada or Utah or South Dakota, where the statute may be longer. Additionally, even in Georgia, if you sign a contract under seal, you may have a 20 year and not a 6 year statute. So while that MAY be a defense, and it probably should be raised, without the filing of extensive discovery, you will likely not win that point (if it is winable).
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