What are my legal rights concerning a judgement against me for a debt?
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What are my legal rights concerning a judgement against me for a debt?
I have just received notice of a judgement against me that I have no clue to what it is about. I received this information from an attorney and haverepeatedly requested information. However, each time that I have called the attorney, I get told something different. One person told me that none was shown, then another person told me that it was about a credit card that I opened in 2004. The business that is suing me is from a company that I have never hear of. Do I have any legal rights to contest this? If so, what are my options? If this is concerning a credit card from 2004, would this not be considered time barred?
Asked on January 4, 2011 under Bankruptcy Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are using the 2004 date - the date that the account was opened - figure the time limitation or statute of limitation, correct? In fact, when an action "accrues" (or when it is possible for one to sue on the debt) varies from state to state. In Georgia it is the date of the default or in this case when you failed to pay the card. And the Statute of Limitations is four years. Now, is there already a judgement in place or has the suit just begun? If there has been a default judgement then you need to make a motion to vacate the default for lack of service on you. If it has just begun then you need to file an Answer to the Summons and Complaint and you need to raise what is known as affirmative defense of pack of personal jurisdiction (not served) and statute of limitations and that plaintiff has no standing to bring suit. The last one I have mentioned has to do with what is known as validation of the debt, which you need to write to the attorney to request. They are to provide you with a copy of the original agreement, a copy of the history and proof that they have the right to bring the action on behalf of the creditor (assignment of the debt or purchase of the debt). Good luck.
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