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Question
I defaulted on a department store credit care more than 20 years ago. Last year I got one call from one of those companies that buy old debts and then never heard from them again. Recently, I''m getting messages on my answering machine daily. I don''t want to pay this. Any advice?
Submitted: 656 days and 12 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Optional Information:
Stone Mountain, Georgia
Already Tried:
I can't seem to reach these people at the phone number they've given me, so I haven't really done anything.
Posted by
CALawyer
656 days and 12 hours ago.
Info Request
What state are you located in?
What state were you located in when you obtained the card?
How long ago was the last payment you made on the card?
656 days and 11 hours ago.
Reply
Reply to CALawyer's Post: I was then and am still in Georgia. I'm not sure of the last payment, but it was about 20 years ago.
Accepted Answer
Well, the statute of limitations for written agreements in Georgia is 6 years from the date of the last payment, the date of default, or the date of default (whichever is later).
As such, the creditor could not win a lawsuit to collect the debt.
However, it's important to note that the statute of limitations doesn't prevent them from trying to collect the debt outside of court.
One option that you have at this point is to send the creditor/collector a certified letter telling them that you dispute and refuse to pay the alleged debt and demand that they cease and desist any further communications regarding the debt pursuant to the Fair Debt Collection Practices Act (15 USC 1692c). Explain to them that if they fail to comply with the demand you may be entitled to damages in addition to up to $1000 per offense in statutory damages pursuan tto 15 USC 1692k.
Once they receive this letter, they should stop harassing/contacting you.
If this information was helpful, please click ACCEPT to give me credit for answering.
Expert:
CALawyer
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Answered:
2/5/2008
Lawyer (JD)
Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.
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