I have an apartment related collection from 2001 that appears to be passed SOL in GA. According to m credit report the balance keeps rising, i assume they are tacking on interest and the Open Date is Feb 2004. I have sent a verification letter in the past(about 2 years ago) and mentioned not to contact via phone. Every year around the same time(around Feb-march) they leave a voicemail and send a collection letter. SOL in georgia states " Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24) " its past 6 years from the lease end date. Does that apply? any thoughts?
It is 6 years from the date you last paid on. They are adding interest as allowed under law/contract. The open date could be the date placed for collections or the date the CA reporting received the account. Either way it must be listed with the DOLA or DOFD. Did you send the C&D and DV CMRR? Do you have proof it was delivered and received. Does the same CA still have the account?
yes, they were sent cmrr and they were received. that was 2 years ago. Due to some advice from the board we attempted a pay for delete and didnt get anywhere(and they received it). So now we are what appears to be past SOL and im ready to get it fixed one way or another! The CA has the acct, we received our yearly letter from them about 2 months back. im not even sure they orginial leasing agency is still in business.