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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33736
Experience:  Began practicing law in 1992
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I being sued bt Portfolio for $1267.55 + court cost $147.00,

Customer Question

I being sued bt Portfolio for $1267.55 + court cost $147.00 , court 14 Nov, 2015. Iam 75 years old on SS only. The last payment was paid Nov 7, 2008, I was sued March 05,2014, my question The Federal Truth in Lending (credit cards) are open accounts, Ga says 4 to 6 years, I understand that Federal Law Supersades State laws. There for it would have a four year statue? Georgia is state I reside. Thanks Rick
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Further, if you get a message asking if you want to do additional services like a telephone call that message is automatically generated by the website and is not sent from me. I, like most of the experts in the Legal categories, do not do telephone calls due to issues with State Bar rules and other concerns.

Federal law doesn't supercede state law in procedural issues like this. In procedural issues it is the law of the court in which you are sued so in state court it would be the state law in federal court it would be the federal law.

In Georgia the statute of limitations is six years on a credit card debt pursuant to Phoenix Recovery Group Inc. v. Mehta, a 2008 case.