How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask JB Umphrey Your Own Question
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
Type Your Legal Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

Hello I had a business Capital One Care over 9 years ago with a prev b

This answer was rated:

I had a business Capital One Care over 9 years ago with a prev bal of approx 200.00. After which with penalty and interest acccrued to 2380.00. I notice on my credit report that Capital One issued "write off". So I called them to discuss. After that call, I was contacted by an Attorney XXXXX XXXXXna office and ultimately I go to court this morning at 9am. they have made harassing phone calls to my inlaws after speaking with me. I asked them to cease and desist and they did! (Fair Credit Act) Since this debt is over the statute of limitations for Georgia (4-6). Can I use this is court and win?
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. The statute of limitations is concerned with two things:

1. When was the last time you made a payment or promised to pay on the debt?

2. When did the credit card company file its lawsuit for non-payment?
Customer: replied 4 years ago.

The last time a payment was made over 6-9 years agao and no promises made to pay to the attorneys unless they produce documentation to substantiate the debt, which they have not sent. It turns out that it is not my personal account but my business account both which has my name attached.

Attorneys representing Capital One filed suit on Oct 18, 2012

Thank you.

If the lawsuit was not timely filed then, yes, you can use the statute of limitations as a defense and ask the judge/court to dismiss the case because it was not timely filed.

Under O.C.G.A. § 9-3-25. Open accounts; breach of certain contracts; implied promise; exception

All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.

If you do not assert the defense, then you waive it. It is up to you to assert the statute of limitation defense in court.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
JB Umphrey and other Legal Specialists are ready to help you
Customer: replied 4 years ago.

Does this statute apply to business accounts as well?

If he tries to settle prior to court, should I let him know of my defense?

Yes, it applies to business accounts as well.

Yes, you should feel free to let him know of your defense at any time. It's no secret.

~~ J.B.
Customer: replied 4 years ago.

Should I address the harassing of family members, after I asked attorneys office to cease and desist calls?

That has no bearing on the defense of the lawsuit.

That's a separate matter which can only be addressed if you filed a counter-suit for violations of the FDCPA (Fair Debt Collection Practices Act). If you want to file such a counter-suit, you may want to be assisted by a local attorney. By filing such a counter-suit, you run the risk of the credit card company removing the lawsuit to federal court which is a lot more complicated of a process. Again, it's not something that you want to undertake on your own. You really want to have a local seasoned attorney helping you with that. Attorneys who win FDCPA cases can recover attorney fees.

~~ J.B.
I see where you read my answer but not where you asked a follow up question or rated my effort to assist you with the law as it relates to your issue. The Site has been having some major systems issues recently so we are not always receiving customer replies or ratings.

If you do have a follow up for me, if you could send it again and let me know this is your second try (so I can let the Site administrators know), I would appreciate it.

Otherwise, if I have answered all of your questions, please take brief moment to rate my assistance to you so that I can receive credit for my work.

Thank you in advance.

~~ J.B.
Customer: replied 4 years ago.

I rated my experience with you as Excellent. I WON MY CASE! IT WAS DISMISSED!



Congratulations to you!!!!!!! Bravo!!!

I will let customer service know that you rated my service as excellent.

~~ J.B.