Statute of Limitations on Debt in Georgia

Chloe Meltzer

December 01, 2021

Summary: Are you being sued for a past due balance in Georgia? Find out how to make a defense using the statute of limitations and win in court.

When it comes to carrying debt in the state of Georgia, residents are known to be responsible for some of the most auto loan debt, student loan debt, and credit card debt than the average American. Despite all of this debt in the state of Georgia, there are strict lending laws with a ban against payday loans. Regardless, there are limits on debt in Georgia, and these limits pertain to the statute of limitations.

If you have received a letter about a debt that you do owe, you need to consider finding a solution with the creditor or debt collector. You can attempt to generate a plan or a settlement if you feel you cannot pay the money in full.

If you believe that you do not owe the debt, then that is a different story. Whether you never actually borrowed the money or the statute of limitations has expired, you can respond to the lawsuit with proof, and deny any responsibility for the debt. This response should include receipts or documents, and be mailed as a certified letter within 30 days of receiving written notice about the debt.

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The statute of limitations on debt in Georgia

The statute of limitations is the period that you can be sued for an offense. When it comes to debt, the statute of limitations on credit card debt in Georgia is four years. After four years you can no longer be sued for the debt, legally, in a court of law. If the debt collector waits more than four years since you defaulted or your last payment was made, then you can ask for the case to be dismissed.

If the statute of limitations has already expired, you need to avoid making any type of payment on the debt. If you do, it will start the time limit on the statute over again.

Georgia Statute of Limitations
on Debt

Debt Type

Deadline in Years

Written

6

Oral

4

Mortgage

6

Medical

4

Credit Card

4

Auto Loan

4

State Tax

7

Judgments

5


Source: Findlaw

How to handle debt in Georgia

If you are suffering from debt it can feel crippling. The worst thing to do is to ignore it, although this is a common choice for people in debt. If you ignore the debt it will become more expensive because of penalties and fees. You can also end up being in court. That is why you need to handle your debt before it gets worse.

Debt consolidation loans are a common method of addressing credit card debt or medical debt. This is a type of unsecured loan which means there is no collateral. Although they usually come at a higher interest rate, it can help pay off all of your loans and put them into one easy payment. In some cases, your interest rate may be lower than your other payments, which can save you money in the long run.

If you are struggling with credit card debt, one good option is to apply for a credit card that offers a promotional 0% APR on balance transfers. This generally lasts from 12 to 24 months and will allow you some extra time to pay off your debt. The balance will be paid off and then placed on your new card. There is usually a 3 to 5% fee, but this is typically cheaper than paying interest.

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Georgia debt relief programs

Having a lot of debt can be stressful, but there are many programs to help you with your debt. For example, sometimes speaking to a representative from an organization associated with the National Foundation for Credit Counseling (NFCC) can help you out. There are often free advice lines, and tips that can help to guide you to financial freedom.

In many cases, those who are struggling with debt have other financial problems as well. Various community action agencies across Georgia can help you for those who are considered low income. These projects can often help with utility bills or housing costs. Although it won't help you to eliminate debt directly, it can help to eliminate other monetary responsibilities.

Avoid bankruptcy by using SoloSuit to file a response to creditors.

Filing for bankruptcy in Georgia

Although it should be a last resort, if you are struggling with debts other than your single debt, you may consider filing for bankruptcy. In this case, it is best to hire an attorney if you can, because they can help to guide you through the process. There are two different types of bankruptcy options, filing a Chapter 7 bankruptcy or Chapter 13 bankruptcy.

  • Chapter 7 bankruptcy: All of your assets are liquidated and your debts are wiped clean.
  • Chapter 13 bankruptcy: Aid to restructure your debt, but keep your property.

There are a few things you should know about bankruptcy. It can stay on your credit report for up to 10 years. Despite this, it doesn't mean it will completely ruin your finances. If you are considering bankruptcy then you should look into a lawyer, or put in an inquiry to a legal aid program. These services offer low-income individuals free or reduced-cost services.

If you can pay your debts without going through the bankruptcy process then this is a better option. If you cannot pay off your debts, then this should be the final straw. Otherwise, consider bankruptcy as a last resort.

If you find yourself dealing with debt in Georgia, be sure to examine the statute of limitations to ensure your debt is not time-barred. If your debt has passed the time within the statute of limitations, then you can present this information to a judge and have your case dismissed.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

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"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James


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