Being sued for credit card believed charged off

[shellbe91671]

What is the name of your state? Massachusetts and Georgia

Being sued for $680 + court cost for a UCNB Visa card by Commonwealth Receivables. The debt was incurred in Mass. but I currently live in Georgia and being sued here. The debt is over 6 years old. I have a letter dated Oct. 1, 2003 where they offered 50 % off.

What are my SOL rights and is there a specific form to use to file and answer with the court?

 

[bigun]

The SOL in Ga. is 4 years. CC's are open accounts.

http://www.locate123.com/StateLaws.asp

Here's asite that gives suggestions on how to respond to an SOL lawsuit. Scroll to near the bottom.

http://community-2.webtv.net/Y-chat/WhyChatsCredit/

 

[JETX]

And lets not forget... most states FREEZE the SOL when a debtor leaves the state.

 

[shellbe91671]

unclear on SOL

Does the SOL of 4years mean that the debt is invalid? What does it mean to Freeze SOL?

 

[bigun]

Since the SOL in Ga. is 4 years, you do have an SOL defense but, you'll need to respnd to the summons and claim the defense.

 

[shellbe91671]

Do I claim that defense in my answer to the court due in 30 days?

What do I need with me to win a case with that defense.

 

[bigun]

Did you use the link I posted?

Do a search on this site using the name ttoby. It has several links about how to defend an SOL lawsuit.

 

[Ladynred]

The SOL in MA is SIX years.. and they're suing you in GA, with the shorter SOL of 4 years, right ? ?? So, if the last time you paid the original creditor was OVER SIX years ago, then the SOL has run out in MA .. and since they're suing you in GA, the GA laws should apply and the SOL ran out 2 years earlier !

 

[shellbe91671]

Thank you

Thank you all for helping me....you guys are awesome!

 

[shellbe91671]

Yes that's it in a Nut shell

LadynRed...that's exactly right. Should my Answer to the Court be to denie debt due to SOL running out and request Validation of debt with last payment dates on that Answer.
Thank you again!