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I disputed the charge off billing statement from a creditor and have proof. If P takes 2 yrs to file Acct suit, will I win?

Powder Springs, GA |

If I have proof that the charge off statement, the last and final statement, was disputed and thereafter, creditor was silent for 2 years until filling suit through a debt collector. Debt Collector without correspondence or letting me know of the right to dispute immediately filed suit. Can they prevail on an Account Stated C/A? I have a copy of the letter bearing my signature, return receipt, and affidavit I am prepared to submit, if need be, that states that letter was sent.

Attorney Answers 3


The short answer is no if you wish to prevail on a theory that either too much time has passed or the creditor had a duty to validate the debt before they filed a suit against you. The suit appears to have been brought timely as the statute of limitations is 4years for an account stated. If it is a credit card, the statue is 6 years. With regard to your notice 2 years ago, the Federal fair debt collection practices act's requirement to validate a written dispute only applies to collection agencies or debt buyers and not the original creditors. If it was actually sent to law firm directly, you may have an FDCPA claim against them as they likely would fall under the definition of a debt collector. Regardless, whether you have an FDCPA counterclaim, it does not address the merits of whether you actually owe the disputed account. The good news is that if you have a bonafide dispute, you can raise it as a defense to the case.
I would be happy to review your docs and give you a free consultation if you would like to call me.

Good luck, Jim Feagle

Skaar & Feagle, LLP maintains offices in Marietta (770 427 5600) and Decatur (404 373 1970), Georgia. The information ("the answer") provided above is for general information and educational purposes only. The answer should not be taken as legal advice for any individual case or situation. Posting the question and reviewing the answer does not constitute an attorney-client relationship. My firm will ask you to sign a written contract prior to the commencement of representation in any attorney-client relationship. Please contact 770 427 5600 or 404 373 1970, if you wish to discuss your situation further. Skaar & Feagle, LLP accepts select consumer rights cases. These cases include, but are not limited to, cases of abusive and unlawful collection activity, debt defense, credit reporting of false or obsolete (old) information, high interest lenders (title pawns, payday loans), debt management plans, and fraud or unfair practices in the sale and financing of automobiles.

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I sure will, thank you Jim!


You posted the same question multiple times.

Here is the answer you received the last time you posted it:


The fact that your post as posted makes almost no sense at all tells me you'll do very poorly in court, especially because you do not understand that "charged off" is a negative accounting term that says in effect "he did not pay, we don't know if he will, and he's a deadbeat, so lower is credit score." Assuming they are still within the statute of limitations they can sue. The creditor's response or lack of it may give you grounds for a counterclaim, and you'lllikely miss that or fail to present it properly if it exists unless you get a lawyer.

Sending a letter is NOT the proper response to a suit. In fact, if that is all you do, you will automatically lose. Get a lawyer ASAP.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Charge off means they are ready to sue you, it doesn't mean you don't owe the money. Yes, they can prevail. You need a lawyer to talk to you about a full debt relief analysis and game plan.

The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: Atlanta, Marietta, Lawrencevile, Duluth, Alpharetta, Buckhead The above answer is for general information purposes and is offered as a service to the public. Nothing on this or associated pages, documents, comments, answers, reviews or other communications, including the above post, should be taken as legal advice for any individual case or situation or relied upon as a substitute for engaging legal counsel, nor does it constitute advertising or a solicitation. Viewing the general information here, including your receipt or transmission of information hereof does not alone create or constitute an attorney-client relationship or ensure confidentiality. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.

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