Anyone out there have any experience with SOL on cc debt in GA? I have been under the impression that GA sol is 4 years but when I met with a lawyer today he said it is 6 years from the date of last activity or date of last payment. Everything I find online and in the GA Code states 4 years...who is correct? Has anyone out there tried to argue SOL and did it fail even though you thought you were within guidelines?
Im trying to figure out whether to reach a settlement with the CA trying to collect ...and the SOL will factor in what I decide to do, or let them sue and defend based on SOL. The CA refused to validate but I'm also told that if it goes before a judge, it won't matter if they validate or not...so Im thinking my only hope is to argue out-of-statute. And if I do, will the judge even pay attention to SOL?
Well, there have at times been disagreements about this, but the SOL in GA for open accounts is 4 years but the SOL for written accounts is 6 years. Most of the opinions I have gotten from people on this forum and the general consensus is that credit card accounts are always open accounts. I think some attorneys for these CA's are trying to argue that they are actually written. As I said, the consensus is that cc accounts are always open, which for the state of GA would be an SOL of 4 years.
There is a case that came out of a district court of appeal earlier this year that says it is six years for credit cards. I think it is Hill v. American Express.
I have not found any case law in Georgia saying it is four years. It sure would help me if it was clearer. People are posting elsewhere that it will vary from county to county in Georgia because some judges will still accept the four year argument, while others will follow the new case.
aflives knows his/her stuff. Granted, this is just from yahoo news, but you may find it informative:
Court rulings may take precedence
Some states may have laws or codes governing the time limits for filing civil suit regarding contracts. However, state court rulings may take precedence and make the effective statute of limitations for consumer contracts or debts earlier or later than state law.
That was the case in Georgia in January 2008, when a Georgia Court of Appeals ruled (in Hill vs. American Express) that the statute of limitations on an unpaid credit card debt was six years. The Georgia code sets the limit on open-ended accounts at four years. This means that if a creditor files a lawsuit against a debtor in that state, the six-year SOL would likely prevail in that court case.
I've spoken with several consumer advocate attorneys and they say credit cards are considered written agreements here. An article also came out in our morning paper to tell consumers how to deal with the increasing number of scumbag junk debt buyers out there now and they also said that in my state, Washington, credit cards are under the six-year written agreement limitation.
I guess the argument could be made that every time you sign a credit card receipt it's a written agreement. It sucks, though.