Franklin, NC asked in Consumer Law, Contracts and Collections for North Carolina

Q: I need to reply to a summons, 6 1/2 hours away in anther sate. Debt is time bared. How do I deal with this?

I had a loan from a bank in Tifton, GA. I paid as promised until I lost my job. Even then I paid them $ 3,000 in Aug of 2013. At that time I asked for the debt to be forgiven. I NEVER heard from the bank again. No letter, no payment book as promised, if, it would not be forgiven. No registered letter, nothing. I signed the loan renewal in Aug of 2013, in NC, not GA. Now I'm being sued 9 years later, in GA court. Statue of limitations in NC for written note is 3 years, this has passed. Statue of limitation is GA is 6 years for same, this has passed. How can I be sued in GA and live in NC? Based on what I read, the debt is time bared. But, if I don't respond to the summons, they can get a judgement anyway? WHAT? I live 6 1/2 hours away and have 25 days to respond. What do I need to do?

I also, unfortunately have stage 4 cancer, and not able to travel that far. Wasn't my choice.

1 Lawyer Answer
Lynn Ellen Coleman
Lynn Ellen Coleman
Answered
  • Consumer Law Lawyer
  • KERNERSVILLE, NC
  • Licensed in North Carolina

A: You need to hire a lawyer in Georgia ASAP to handle this for you. If you do not answer, a default judgment will be entered against you, and you lose your right to plead your statute of limitation defense. Some loan contracts are signed "under seal", which gives a 10 year statute of limitation here in NC. I am not licensed in GA, but I assume their law is similar. You can probably be sued in GA because the loan was taken out in GA and you agreed to allow them to sue in GA. I don't know what you mean by a loan renewal, but it sounds like you signed a new loan agreement - so it doesn't matter how old the previous loan was. Please contact a GA licensed attorney ASAP - directly, not through an online forum like this. Search for consumer bankruptcy lawyers near the county in GA where you were sued. They should know of a local attorney who will defend these kind of collection lawsuits. Good luck.

1 user found this answer helpful

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