I bought a car from Ugly Duckling in 2001. It fell apart in 3 months, and we gave it back to them. My last payment was in Feb.,2002. There is a statute of Limitations in Ga, of 6 years. The Duck sold their Accounts Receivable to Associated Receivables, in Augusta Ga, in 2005. We have gotten Interrogitories from them in Feb. of 2007. Can we expect that they will come after us before March when the SOL is expired?
2007-09-01 11:32:39 · 5 answers · asked by hasdad62 6 in Politics & Government ➔ Law & Ethics
The statute of limitations relates to a creditors right to sue to collect money. It, to the best of my knowledge, relates to the last time a payment was made, not when the debt was originally incurred. If a debt is beyond the statute of limitations collection activity may continue. You may even be sued. It is possible that unless you contest the suit a judgment will be rendered against you.
If you are sued for a bill that was past the statute of limitations you should go to court and have the case dismissed by telling the judge, and providing evidence, that the statute of limitations had expired.
If collection activity, calls and letters, continued after the statue of limitations had expired you should notify the collection agency that you are not paying the bill and that they should cease and desist with any further phone call. They can’t be stopped from sending letters but they are easy to throw away.
Since the statute of limitations is measured from the time of the last payment, if the creditor can talk you into, or trick you into, making a payment they can and most likely will immediately sue you.
2007-09-01 11:56:22 · answer #1 · answered by Tom Thumb 3 · 1⤊ 0⤋
their right to sue might be affected by their right to collect.
Has ugly duckling made consistant attempts to collect any type of debt from you in the last 5 years? If they gave up on any collection and just left it hanging as a write off, your account owuld have made more sense to stay as or be a write off.
They can sue you.......anyone can sue anyone for anything. Ask yourself......is it worth it to them to spend the money to try and collect? Or risk losing more money.
2007-09-01 11:50:25 · answer #2 · answered by Chris Ralston 1 · 0⤊ 0⤋
If they have sent Interrogatories, then yes they have ALREADY come after you. An Interrogatory is a list of questions, basically. It is a Discovery device. Discovery doesn't officially take place until you have filed an action in court. If you have received interrogatories from them, they have already filed a claim against you. I suggest you get an attorney NOW.
2007-09-01 12:04:19 · answer #3 · answered by cyanne2ak 7 · 1⤊ 0⤋
im not brilliant with american law however if i remember rightly is a limitation on a crime not at the discretion of somebody so they could ask for permission to still persue you if their reason is good enough i think but i might be wrong
2007-09-01 11:39:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Good odds that they will -- but nothing is certain.
2007-09-01 11:50:35 · answer #5 · answered by coragryph 7 · 0⤊ 0⤋