Hannah Locklear | December 08, 2022
Summary: The Georgia statute of limitations on debt is six years for written contracts or credit cards and four years for oral and open accounts. If you’ve been sued for an old debt, use SoloSuit to respond to the lawsuit and assert the expired statute of limitations as one of your defenses.
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 in the United States. That being said, there are limits on debt in Georgia, and these limits pertain to the statute of limitations.
The statute of limitations is a law that governs the deadline that creditors and debt collectors have to sue someone for debt. In other words, it is the length of time a creditor or debt collector can take you to court for a debt you owe.
After the statute of limitations has lapsed, your creditor can no longer file any collection lawsuit against you. They can also no longer use any other judicial method to pursue and collect what you owe them.
Keep reading to learn more about the statute of limitations for debt collection in Georgia.
Use SoloSuit to respond to debt collectors in 15 minutes.
The statute of limitations on Georgia debt collection varies based on the type of debt. There are only two categories of debt in Alabama that are enforceable: debts based on contracts and accounts. The statute of limitations is thus different depending on the kind of contract or account that you owe.
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 restart the clock on the statute of limitations.
According to GA Code § 9-3-24:
“All actions upon simple contracts in writing shall be brought within six years after the same become due and payable.”
In other words, creditors and collectors must take you to court for any debt, based on a written contract, within six years of the last action on the account. This means that the statute of limitations on credit card debt in Georgia is six years.
Likewise, GA Code § 9-3-25 states:
“All actions upon open account, or for the breach of any contract not under the hand of the party sought to be charged, or upon any implied promise or undertaking shall be brought within four years after the right of action accrues.”
This means that creditors and collectors only have four years to sue you for a breach of contract debt and any debt based on an open account.
Finally, GA Code § 9-3-26 states:
“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.”
Simply put, this law means that all debts based on oral contracts have a statute of limitations of four years, so you can only be sued for this type of debt within four years of your last action on the account.
The table below further illustrates the statute of limitations on different types of debt in Georgia:
Debt Type | Deadline |
---|---|
Open accounts | 4 years |
Oral contracts | 4 years |
Written contracts | 6 years |
Credit card | 6 years |
Mortgage | 6 years |
Medical bills | 6 years |
Judgments | 5 years |
Source: Findlaw |
When you get sued for a debt in Georgia, you have 30 days to respond before you automatically lose when a default judgment is ordered by the court. With a default judgment, creditors and collectors may have the right to garnish your wages and seize your property to get their money back.
It is not uncommon to be sued for a debt you do not actually owe. The amount might be wrong, or the debt could be so old that it has already passed the statute of limitations on debt in Georgia.
The point is, you don’t need a lawyer to represent you in a debt collection lawsuit. You can respond to the Summons and Complaint and increase your chances of winning by 7x with SoloSuit.
To respond to a debt lawsuit, you must file a written Answer into the case. When drafting your Answer, you should focus on the following steps:
Draft and file your Answer in minutes online.
Now, let’s consider an example.
Example: Rachel is being sued by Calvary SPV for an old credit card debt in Georgia. After doing some investigating, Rachel learns that the statute of limitations on credit card debt is six years in Georgia. Since she hasn’t been active on the credit card account for more than six years, Calvary SPV cannot sue her. Rachel uses SoloSuit to draft and file her Answer to the lawsuit within the 30-day deadline. In her Answer, Rachel uses the statute of limitations as one of her affirmative defenses. After only a few weeks, the case is dismissed.
Check out this video to learn more about the three steps to responding to a debt lawsuit 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 might even end up in court.
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.
Make the right defense the right way with SoloSuit.
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.
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.
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.
SoloSuit makes it easy to fight debt collectors.
You can use SoloSuit to respond to a debt lawsuit, to send letters to collectors, and even to settle a debt.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, we'll have an attorney review your document and we'll file it for you.
>>Read the NPR story on SoloSuit. (We can help you in all 50 states.)
Here's a list of guides for other states.
Being sued by a different debt collector? Were making guides on how to beat each one.
You can ask your questions on the SoloSuit forum and the community will help you out. Whether you need help now are are just look for support, we're here for you.
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Out Debt Validation Letter is the best way to respond to a collection letter. Many debt collectors will simply give up after receiving it.
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