Portfolio Recovery

Feb 25, 2010

Statute of limitations in Georgia
by: Gerri

You are very likely right. Unless this is a student loan or tax debt, it is likely outside the statute of limitations in Georgia. According to my sources, the Georgia statute of limitations is four to six years for most types of debts.

Here is what I suggest:

First, make sure you are taking notes every time you talk with this debt collector. You can use our Free Debt Collection Worksheet for this. This is important - be sure to take notes!

Second, you can talk with a consumer law attorney to make sure you correctly understand the statute of limitations, and to see if the debt collectors has broken the law by misrepresenting the nature or status of the debt. You can contact a local consumer law attorney or call the Collection Complaint Hotline at 888-711-5183 for a free, confidential case evaluation. (I would also encourage this step. This agency is a large collection agency, and it's important to make sure they are following the law in their collection efforts.)

Finally, you can research the Georgia statute of limitations for your state, and if you believe the debt is too old, you can simply write a letter to the collection agency telling them not to contact you again.

As we explain in Debt Collection Answers, it's pretty straightforward. You write to them, tell them the debt is too old, and ask them not to contact you again. They can't contact you again except to take legal action, which would be unlikely if the debt is indeed too old. (If they do contact you again after getting your letter, you can contact a consumer law attorney for help.)

If you decide on this last action, please also file a complaint with the Federal Trade Commission (FTC.gov) and your state attorney general.

Last comment: I'd suggest that you at least read the first chapter of our ebook Debt Collection Answers online for free. You'll want to at least have an overview of your rights when dealing with this collection agency.

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