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Home-Credit Card debt statue of Limitations SOL
Credit Card debt statue of Limitations SOL
| What is the name of your state? Georgia What is the SOL on credit card debt. I have not made a payment on my credit cards in about 6 years. One has won a settlement against me in court, the others are still sending settlement letters. The total debt if paid in full would be about 30k. If I pass the SOL date what happens then? Do I still owe the money. Is it better for me to just file chapter 11,13,or 7. If you pass the SOL can it then be removed from your credit report? SOL on credit card accounts in GA is FOUR years. So, if the last time you paid the original creditor was more than 4 years ago, the SOL has expired. That means they can't sue you and if they try to, the expired SOL is an absolute defense and you can get it thrown out. A collection agency (CA) can try to COLLECT on a debt until Hell freezes over, but without the legal enforcement (a judgment) to collect, they can't MAKE you pay.. and you don't have to. If you know that all of these debts, except the jugment already won, were last paid more than 4 years ago, send the CA's a Cease and Desist letter. In it you tell them that they are no longer to contact you about the debt in any way as it is time-barred. Here's the letter you need. The GA statute is on this same site: http://community-2.webtv.net/YCHANGE/STORAGE/page13.html CA's have a nasty habit of illegally re-aging debts. That means they deliberately change the date of last activity to 'run the statute'. So, its a good idea to check your reports and make sure this has not happened. Aside from the judgment, if all your debts are past the SOL, you have no real reason to file for bankruptcy. When was the judgment rendered ? Judgments in GA hang around for 7 years, and may be renewable for an additional 7 or more years. |
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