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im new at this, so first of all what it dving. My question is, I picked up certified mail at the post office only to see that is was papers from capital financial, civil complaint papers stating i have 20 days to reply. however i have read about the sol and in the state in which i live is 5 years, there hasnt been a payment made on this acct since 2002. they are filing out of georgia, sol 6 years. i am sending them a letter disputing the debt and informing them im aware of my rights concerning the FDCPA and the sol. Do i just send this letter and wait for a response from them or just show up at court, please someone advise me on this issue. thank you. helpnow

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I'm sorry your post was not responded to yet,however if you read much of this forum you would have a lot of this info already. That could be why you have no response yet.

DV = Debt Validation. You have 30 days from receipt of the FIRST letter demanding payment to have them tell you who the OC is, the OC's address and other info about the debt(just what info, is debatable depending on what case law you look at) They must stop all collection activity until they pony up the info if you sent your DV inside the 30 days. Outside the 30 days and they may not even respond but still come after you.

You stated that they were suing you out of Georgia. If they filed this suit in Georgia, and you did not start this account when you lived in Georgia, that would be a violation of the FDCPA. If they claim to have filed in your local court, check with that court to see if it is real. If not it's another violation.

If it is real, the summons must be answered.(to the court & plaintiff) No answer from you will result in a default judgment entered against you. If you can hire an attorney do so. If not read the sticky's at the top of this forum:Sample Motions, Forms, Affirmative Defenses also If You're Suing or Being Sued...Read This.. To get an idea of what your doing.

The SOL for your state should be the controlling one. If they are suing you in your state. If they can legally file in Georgia that SOL would apply. You should check your statutes to see if they have anything to say about foreign SOL. This defense must be in your answer to the court which will also be served on the plaintiff. If you fail to do that you can't use it later.

Come back with any more questions, lots of folks want to help if they know your motivated to help yourself.

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