simplyred Posted August 20, 2008 Report Share Posted August 20, 2008 Does Georgia recognize a choice of law provision if one is inserted in a contract. If so can someone show me a case law where it is so stated.Also is Georgia a borrowing state? Link to comment Share on other sites More sharing options...
girlfromga Posted August 20, 2008 Report Share Posted August 20, 2008 Not sure here but if your talking about Capital one and the virgina thing Georgia says phoooooieeeeeeeeee. Take it from me I'm many thousands poorer because of it.. Credit card are 6 year here by golly and they mean it 5years 364 days and your paying..Sorry Link to comment Share on other sites More sharing options...
simplyred Posted August 20, 2008 Author Report Share Posted August 20, 2008 My last payment was 12/2001 but the lawyers are arguing that date of default was date the account was closed which was 3/2003. Have not had my day in court yet. Link to comment Share on other sites More sharing options...
flacorps Posted August 20, 2008 Report Share Posted August 20, 2008 Even if GA doesn't recognize a choice of law provision, there is a good argument that you still get to have it your way: http://debt-consolidation-credit-repair-service.com/forums/showpost.php?p=867777&postcount=8 (it would be good to read the whole thread)Plus, creditors shouldn't be able to unilaterally pick the date of default. There typically is a neutral standard for selecting the date that you will find in statutes or case law in your state. Link to comment Share on other sites More sharing options...
flacorps Posted August 20, 2008 Report Share Posted August 20, 2008 Check this one too:http://debt-consolidation-credit-repair-service.com/forums/showpost.php?p=962566&postcount=5 Link to comment Share on other sites More sharing options...
flacorps Posted August 20, 2008 Report Share Posted August 20, 2008 Not sure here but if your talking about Capital one and the virgina thing Georgia says phoooooieeeeeeeeee. Take it from me I'm many thousands poorer because of it.. Credit card are 6 year here by golly and they mean it 5years 364 days and your paying..SorryIIRC, they beat you before you even got to the point of arguing that issue. For anyone else out there: Go and argue your point. Even with sound case law directly on point against you, judges can and do find ways to do what they want to do, and sometimes what they want to do works out in your favor. The other side often has very limited options to appeal because the case is in small claims and there's no court reporter to preserve a record of what happened so that an appellate court could find something to sink their teeth into. Link to comment Share on other sites More sharing options...
simplyred Posted August 20, 2008 Author Report Share Posted August 20, 2008 I filed a MTD using the choice of provision law. I figure it could not hurt maybe my case would be the first to grant dismissal w pred. using that. If not I would have to prove that 3/2003 is not the correct date to use as starting point for SOL and that 30 days from last payment is the correct start date. The attorney submitted a copy of the bill asking for the entire balance due on 3/2003. It showed no payments and no charges. It states return your account to good standing.Not my account Link to comment Share on other sites More sharing options...
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