Being Sued for Debt from 1999

[piphy]

State of GA

I have been sued by a collection agency for $5000. They say it is for an account opened at Best Buy in 1999 and went into default in 2001.

Here are my questions:
1) I read that the statue for this type of debt was 3yrs and can be up to 6 for written contracts
I do not have a copy of this contract they say I signed, and it is not included in the court papers filed with the suit. What is the proper way to get a copy of this?

2) I thought only the original debtor could sue. Is this true?

3) I answered their demand letter two days after I got it... but instead f validating the debt as I asked them to do, I got served with papers from the court about 2-weeks later. I have proof I answered their letter.. but they claim there was an earlier demand letter (sent regular mail) I never got. Do they not have to proof I received this letter?

4) Is there a good place to read about mediation and maybe get form letters that I may need?

[racer72]

1. It is called a subpoena.

2. Obviously not.

3. It really doesn't matter now.

4. Ask the court clerk if it is available and what you need to do.

[delana0608]

When you file your answer, file a discovery request asking for the original contract. The Clerk of Courts office is usually very helpful with forms and such.

[piphy]

Originally Posted by racer72

1. It is called a subpoena.

2. Obviously not.

3. It really doesn't matter now.

4. Ask the court clerk if it is available and what you need to do.

Its a Small town court -- they do not have any forms of info online to help me. I have 180days to pick (or agree to) a mediator. If the debt is in my wifes name, and she has no income... can they garnmish my pay? Also -- is judge payment expected the day of the judgement

[moburkes]

Are they suing YOU or your wife?

If you share a bank account, they can garnish all of those funds.

[piphy]

They have sued my wife. She is ill, and can't deal with stress.. so I am dealing with this for her. I will get a power of attorney to be able to speak at the mediation on her behalf if needed. Her income is $0. When I went to file a motion to have the mediation fee reduced or waived, the form asked about income and "income of all that live in the household" -- this lead me to believe my income would come into play. We do not have a shared account.

[moburkes]

If you share a bank account, they can garnish all of those funds.