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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27689
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I received a call from Allied Guaranty Financial saying they

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I received a call from Allied Guaranty Financial saying they are suing me for an old credit card debt. I asked them to send me a letter by ceritified mail and they said it would take too long and would only fax it and that I had to send them a fax of my credit card info. They also would not send me a copy of the summons or complaint. The debt is over four years old and the balance was $300 which I am willing to do the right thing and pay that but they want $2,024.97. The debt is over four years old and I was wandering if the statute of limitations had run out and what should I do.
Submitted: 5 years ago.
Category: Legal
Expert:  Dave Kennett replied 5 years ago.
Hi, thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:

-What state do you live in?


Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 5 years ago.
I am in Georgia
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - The SOL in GA is 4 years for a verbal contract and 6 years for a written contract. At this point you are probably not being sued if you have not received anything from a court. A phone call threatening a suit is simply a threat and they are just a collection agency who is trying to intimidate you. You should NOT send them anything and frankly talking to them will just become a frustrating experience. If you make any payment it will re start the SOL so that is also a very bad idea.

Most of these places will accept a lump sum settlement of around 50-60%% but if you can't come up with that kind of money there's no point in trying to make payments as you will never get the debt paid as they will keep piling up the extra charges and interest.

If they eventually file a suit you can use the SOL as a defense but you have to make certain to file an answer. Until then you really can't do much unless you have the funds to offer a lump sum amount.

I would not let them con you into some payment plan that will only go on forever and get the SOL out as a defense.

Customer: replied 5 years ago.
They said they would accept $557 that was on the creit balance apparently, but they want me to fax them my credit card info and I told them I would send them a cashiers check or money order. He said that was ridiculous and I am being paranoid. He said if I didnt pay today I would have to go to court. I received a call from a law firm in town on Tuesday but they said to call this company for info and they wont tell me when my court date is
Expert:  Dave Kennett replied 5 years ago.
Well unless your have something in writing from them that $557 settles the case you are risking that this could even be a scam. I wouldn't send anyone money without a written agreement or release. You can't have a court date if you haven't been served with a lawsuit so based on your facts it would appear this is all a scare tactic to get you to send money. At the very minimum you need something in writing and your credit card information should not be sent to anyone for any reason. If they don't have the information they can't possibly have enough information to file a successful suit. There's no point in you supplying them with what they may need.
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