Need help with suing collection agency & carpet cleaning

Thanks Carol for your quick response.

Answering your questions,
-I have all the invoices and the paid statements. It has her hand written note & numbers and my signatures on them.
- CA(Rickenbacker) did not report to credit bureaus at that time in 2007. It is only now in 2010, this month they have reported it. I would have disputed it immediately if it was reported then. For some reason, they waited for 2.5 years.

Georgia Statutes of Limitation
- Breach of any contract for sale: 4 years, (OCGA 11-2- 725) NOTE: Parties may reduce limitation to not less than one year, but not extend it. A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.
- Contract, including breach of warranty or indemnity: 4 years, (OCGA 11- 22A-506) NOTE: The parties may reduce the period to one year.
- Written contract: 6 years from when it becomes due and payable and the six (6) year period runs from the date of last payment. (OCGA 9-3-24)
- Open account; implied promise or undertaking: 4 years, (OCGA 9-3-25). NOTE: Payment, unaccompanied by a writing acknowledging the debt, does not stopped the statute. Therefore, the statutory period runs from the date of default, not the date of last payment.
- Bonds or other instruments under seal, 20 years, (OCGA 9-3-23) NOTE: No instrument is considered under seal unless it’s stated in the body of the instrument.

From the Georgia SOL, their charge is within the 4 year window.

Please let me know what is the best way to proceed?

Thanks,
Paul

Hi Paulred,

Before filing a lawsuit against the collection agency first read the successful cases filed against various collection agencies by the FTC. You should do this to check the importance and strength of your case.

Prior to filing the lawsuit you must write a cease and desist letter to the collection agency. Moreover to strengthen your case, try to collect notarized statements from those who witnessed your harassment. In addition to this ready the required paper works.

Hope this will help you to sail through your problem.

Thanks.
:wink:

i have the same issue with the company your having as well...

feel free to contact me at:

therhino11@Yahoo.com

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