[ladee77]

I am beign sued for an old credit card debt in GA. Last date of activity was July 2001. I answered the complaint with SOL as a defense. I am now scheduled for court ordered mediation in about 2 weeks. Is it too late to ask for proof of the debt? If not, who do I send the request to? I cannot find an address for the company sueing. I only have their Attorney's address. Also, what can I do to prepare for mediation?
Please help as I feel time is running out and I am trying to stay calm.

[ScottGem]

Send it to the Attorney with a copy to the court.

You don't want mediation, but you may have to go through that first depending on your court system. What you want is the suit dismissed because the SOL has expired and they have no right to sue. Your preparation is knowing the SOL for Georgia, and showing when there was last activity on the account.

By the way, even if the SOL has expired, that does not change your obligation to pay. It only means they can't use the courts to collect.

[ladee77]

So, it is OK to ask for proof of debt at this point?

[ScottGem]

Sure.

[ladee77]

All I have is an old credit report showing the last date of activity. Will this support my SOL defense? Should I take a print out of the Truth in Lending Act, Title 15, Chapter 41, Section 1602 (I)? If I am not able to settle the debt at mediation, what should I expect in court? How should I respond?

[ScottGem]

Again, mediation is about compromise. If you are looking to get the suit dismissed then you will have to go beyond mediation. If you are willing to settle the debt, then meidation can help.

Yes, bring any law citations you think are pertinent to your case.