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Georgia SOL is as follows

All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. 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 or to negotiable instruments under Article 3 of Title 11.

When does the clock starts for the SOL. I read when 1st payment is missed. I am being told that it is the date it went to collections which for me is 1 year after i missed a payment. Can anyone help me interpret the meaning of this law and which date is used to count SOL.

Thanks

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shall be brought within six years after the same become due and payable

"Became due and payable" is pretty clearly stating "when payment was due". This is usually 30 days after the last payment plus any grace period.

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No payments made on the account. Last payment 1/2002. I used SOL as defense and filed a MTD. Attorneys states that the SOL started on 1/2003 when the account was closed and they sent a copy of a statement with my information and a balance. Nothing to indicate how they got to this balance. Should have that statement objected to based on validity or accuracy of the document? Judge has yet to rule on the MTD, but I would like to get a start on how I should proceed in this case.

PS I noticed that the attorneys sent me 2 different agreements on this account which leads me to believe that they don't know which agreement applies. Any help is greatly appreciated.

Thanks

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sent a copy of a statement with my information and a balance.

Can you come up with a last payment date based on the statement they sent to you?

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No the statement does not show a last payment date. It has just the amount due plus late fees and interest. My name and address nothing more. All I have is my cr showing that the DOFD was 1/2002 nothing more.

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