I have been sued over a charged off furniture store account I had in GA. It has been 9 yrs can they sue?

Question

I now live in TN. This debt has come off my credit report. I have filed a motion to dismiss based on SOL. Will this work or can they sue me? I opened the account in 1997 and made a collection payment in 2001.

Answer 1

depends on the amount ,but if its off your credit dont worry about it the y cant put it back on

Answer 2

I am not sure of the SOL in TN for a case like this, but yes, technically they can sue you. If you are alive, they can attempt to collect a debt anytime after the debt is created - 1, 2, 10, 25, or 100 years. They can even attempt to collect from your estate after you are dead. It just cannot be reported on your credit report after 7 years. But, if the SOL is past, then the case will be dismissed, anyway. You do need to cite the SOL laws in your motion, though.

Answer 3

i got sued  2 times this year(i went to the court for both) and have other one that tried to make me made paynent over bad debt.

check crazyjester9 answer and look we are amomg some of the creditors in yahoo answer so becareful.

Answer 4

dpends on the sol. and if its not passed, then they can use. so yes, they can sue

Answer 5

the account has to be inactive for 7 1/2 years after the last activity on the account. since you made a payment in 2001, they might have you there. if you really don't want to pay it, just wait until after the 7 1/2 years have passed and it should be off of your record completely

Answer 6

The Georgia Statute of Limitations only limits lawsuits against people in Georgia.  If you leave the jurisdiction, you can't claim the protection of the jurisdiction.  The SOL will start to run again once you move back to Georgia.  But you've already been sued.

It being on a credit report has nothing to do with the legal status of the debt.

Answer 7

well it would be al little delayed to sue so like i think that they should just let it go and move on if it had been that long. i would have done it right away

Answer 8

no!

Answer 9

It appears the SOL has expired for both states.

http://www.creditinfocenter.com/rebuild/...

Answer 10

yesss all the way

Answer 11

There is something in your question that is a bit of a puzzle.

You state that you filed a motion to dismiss based on SOL (which leads people to believe that you had been sued). But then you ask if that will work or can they sue you... (did you mean - can they win instead of sue?)

I'm guessing that you have been sued , you filed the motion to dismiss claiming an affirmative defense of SOL, and IMO, as long as you followed the Rules of Civil Procedure for TN in writing up and filing your motion, the judge should dismiss the suit since the alleged debt is time barred.

CE is correct, you need to cite the SOL laws and it also may be a good idea to try to find case law to back up your position.

Crazyjester is also correct, the collecting SOL is up in both states. (even if you had made a collection payment in 2001)

Ted is wrong (see the statute below)

TN statute barring any legal action in TN if the SOL in the state you had previously lived in has passed:

28-1-112. Application of foreign statutes.

Where the statute of limitations of another state or government has created a bar to an action upon a cause accruing therein, while the party to be charged was a resident in such state or such government, the bar is equally effectual in this state.

Make several copies of the above statute and the SOL statutes for both GA and TN and any case law that you may find. (you should have at least 4 copies of each - one for you, one for the judge, one for the Plaintiff , and one for a spare)  

Take the copies with you to court, to help back up your SOL claim.