does the state of georgia law firm have a right to sue me over debt that was incurred in alaska over 10 years ago. The offices of emmett l. goodman are claiming because I made a payment 4 months ago to stop harrasment that it renewed the debt?
The statute of limitations is generally t6 years on a credit card in Georgia. Making a payment, unfortunately resets the statute, so the statute is now 6 years from the last payment (generally). I completely agree that you shouldn't give up hope. A good lawyer will likely be able to defeat this claim based upon the age and the fact that all documentation associated with this account is likely "gone". I would suggest you contact a local attorney who can assist you. In the mean time don't talk to them or pay them anything without first consulting a local lawyer!
Most states allow law suits on debts that are past the statute of limitation (too old) if the debtor (you) makes a written statement admitting that the debt is owed or make a payment. This theory is called novation. So, the suit is probably properly before the court.
Do not lose hope, you may have strong procedural defenses to this claim and should get an attorney experienced in credit card debt issues. Try the link for an attorney in your area to assist you.
This information is given for educational purposes only. No attorney-client relationship exists between us.
