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How to request dismissal? Past SOL Georgia

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  • How to request dismissal? Past SOL Georgia

    A credit card company has entered a suit against me in the state of Georgia for a debt that is past the 4 year statue of limitations for open accounts (OCGA 9-3-25). After I got the initial summons, I entered an answer to the suit stating that the debt was a credit card debt that is past the statute of limitations based on the default date.

    Now I have received a First Request for Admissions and Interrogatories as well as a Request for Production of Documents. I have none of the requested documentation because the account is so old. All I have is a current copy of my credit report that shows the date of first delinquency of 7/2003. The suit was filed 9/2008. How do I present this information to the court? What do I do with the first request?

  • #2
    You're getting in over your head. These are not they types of questions that anyone here can adequately answer on a list serve. Civil procedure rules, and the ramifications for not adequately or accurately responding, vary greatly by jurisdiction. I strongly recommend you consult an attorney in your area for this. Also, is the creditor directly bringing the claim without using legal counsel? If they have an attorney who is bringing the claim against you there may be FDCPA implications against the lawyer for attempting to collect a stale debt. I'd also recommend going to the website for NACA (google it) and using the "find an attorney" option to find a NACA member in your state. Look for attorneys who say they are experienced with FDCPA litigation.

    Chris Gonko
    Scrimshire, Martineau, Gonko & Vavreck, PLLC