Legal Question in Credit and Debt Law in Georgia

If the debt is at least one day short of six years old, then they can sue. If they wait longer, then you have a defense. Either way, you need to see a lawyer ASAP.

Of course there is a statute of limitations. All causes of action (except maybe murder or claims against a person by the government) are generally subject to a statute of limitations.

For credit card debts, its 6 years as per caselaw. The six year period runs from the date of last payment. If they sued within 6 years of the date of last payment on the debt, the suit is timely. If suit was filed after the expiration of the 6 year period it was untimely.

However, many people incorrectly assume that just because more than 6 years have passed that they do not owe the debt. The statute of limitations is a defense that must be raised in an answer filed with the court if you are sued. It is a waivable defense, meaning that the defense is waived (i.e. it is treated as if it never existed), if you do not file an answer.

And nothing stops a debt collector from asking for payment on a debt that may be barred by the statute of limitations. The proper response from you would depend on your circumstances of course, but making any kind of payment on the debt or otherwise acknowledging it in writing could revive an otherwise-time barred debt. If you receive a collection letter, you need to dispute the debt on statute of limitations grounds. If you receive a lawsuit and think the debt might be barred, then you need to hire an attorney to file an answer for you or at least review the complaint to see whether the lawsuit is indeed untimely.

If its your debt and the lawsuit is timely, you may want to consider resolving the debt by way of settlement if you have sufficient funds to do so. If interested in resolving the debt in a non-litigation non-bankruptcy context, please email me at [email protected]. If you have received a complaint and are interested in litigating because the statute of limitations has expired, then please contact Attorney Ashman or another consumer/credit card defense attorney. You have only 30 days to file an answer. If you do nothing, not only will you have waived the defense but with a judgment, the creditor will be able to garnish your wages, freeze your bank account or seize any other assets you own free and clear.