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SOL clarification...is a CC an open account?


zoid
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It looks like I'm being sued over an old (4-1/2 year) CC debt. I haven't actually received papers yet, but I knew it was possible (I had sent a debt validation letter to a local attorney who said they were representing the DC), and I just started getting ads in the mail from attorneys yesterday, offering mainly bankruptcy services.

I'm trying to determine for sure if the SOL has expired. In Georgia the SOL is 4 years for "open accounts" and 6 years for "written contracts". Everything I've read suggests that a CC is considered an open account, but I did manage to get ahold of one of the attorneys that had mass mailed me last night, and he seemed to think that I was still sueable.

Does anyone have any experience with this? Any help would be appreciated...I'm kind of panicked at this point.

In addition...I still haven't received the validation information from the DC attorney; I thought they couldn't start any proceedings until they had sent that info to me?

Finally...any advice on finding the right kind of attorney to handle this? The guy I spoke to last night just seemed like he wanted me to come in and start filing my Chapter proceedings. Would consumer protection be a good section to look under, or just any private attorney??

Thanks alot. I appreciate all the help and support here.

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Nope, no phone calls. (Caller ID is a wonderful thing...though I have to avoid a lot of "Unavailables". Probably just telemarketers anyway...).

So there's no issue with the phone calls. I'm going to start calling attorneys tomorrow looking for a clarifiaction on the definition of CC accounts as "open accounts" or not.

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Am I crazy? I just called another attorney, and they told me there was NO statute of limitations in Georgia! What's going on? I can only hope that, as of right now, I'm still calling lawyers that sent me ads for bankruptcy services...so they don't know or don't care about the SOL.

Anybody know a good attorney in Georgia?? I'm starting to worry!

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If you have proof of the sol being over 4 yrs keep it, an old credit report, or experian shows when the account will fall off do you have a copy of that report? The sol is going to be your absolute defense. as credit cards are open ended accounts under the TILA section 15 a credit card account is legally defined as an open account. and in your state of GA your right the sol is 4 yrs.

Georgia sol & Right of Action

Code section

9-3-26

all other actions upon contracts express or implied not otherwise provided for shall be brought within four years from the accrual of the right of action. however, this code section shall not apply to breach of contracts for the sale of goods under Article 2 of title 11.

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Luckily, I'm a packrat (this may be the only time my wife thinks it's a good thing... :) ). I have my credit report, old bills, and even the receipt for the last payment I sent them.

So I've got the info...I'm just terrified that I'll go in there and it won't matter. Then it's straight to judgment w/ no chance to settle. As I said earlier, I actually had someone at an attorney's office today tell me there was NO SOL! I'm guessing that they're just interested in doing bankruptcies, so they just don't care. Still giving me ulcers, though.

I'm going through the phone book and local BAR website for small firms and single practicioners...maybe they'll be a little more interested in listening to what I have to say. Hopefully better news tomorrow.

If anyone has any examples of when they've actually used open account SOLs, in court, I'd LOVE to hear them for moral support. Especially if they're GA!!

Thanks again, everyone.

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Update...found what seems to be a pretty good attorney. She thinks the 4yr open account SOL is a possible defense, but expects them to argue against it. We'll see what happens...if anyone has any case law to back that defense up, I'd surely appreciate it.

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