overdue

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About overdue

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    ohio
  1. Okay, here it is. 9/23/10 Asset Acc. calls my wife telling her that they have a judgement against me, getting ready to garnish my wages if I don't make a payment immediately for $600 on a $6315 debt. Got a validation letter 10/03/10,Bogus. FDCPA states that there are 30 day disclosures that need to be stated in letter. My letters(2) were void of any statements. Wrote cease and desist letter, sent to them certified, copied the ATT. GEN. for OHIO. Asset filed lawsuit without the proper documentation (of course), no credit card agreement or written contract attached. I was served, 11/05/2010.Alre
  2. alright, brain is cooling off, have the answer to summons wrote and actually have motion to strike aff of debt done, SWORN DENIAL? how does it work for me? good or bad. can't find alot of info on it
  3. I have been doing research on aff of debt in case law and have found some interesting points, an aff of indebt must be accompanied with all the documentation such as a beginning balance, can be o, but must also show a running balance , receipts, charges, monthly statements and the likes...I don't think that an account of statement constitutes a substitution for all the others. any thoughts would be appreciated also in response to the admittance to 1 in the summons, would it be wrong to deny part A that defendant has no knowledge that big & bad is licensed to do business in ohio and admit o
  4. o.k. here it goes.. case# none given big & Bad complaint: vs. $6315.31 meek and scared now comes plaintiff, big & bad llc and its's attorneys and for its compaint against the above named defendant meek & scared,states to this honorable court as follows: 1. big and bad is a delaware LLC registered to do business in the state of ohio and the defendant is a resident of the court and is subject to this courts jurisdiction. 2. the defendant entered
  5. o.k. I'm able to post attachments now, but being comptuter challenged, have no idea how to do it, tried uploading from computer but site won't let me, says that file is big
  6. o.k. I'm able to post attachments now, but being comptuter challenged, have no idea how to do it, tried uploading from computer but site won't let me, says that file is 2 big
  7. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. thanks for your help
  8. AAC did not submit a credit card agreement as an exibit, nor was it attached to the statement of account, I did find case law on AAC dated 3/2010 where the ORC was cited to state that the SOL would apply from the state that the agreement was governed by. probably why they didn't send it with the summons, I'm hoping to get Aof D struck, then the only exibit they have is the statement of acct. With nothing to validate this, is it possible to dismiss?
  9. there seems to be some disagreement in how ohio percieves credit card debt i'm being told SOL is 6 years but am also being told that ohio considers credit card debt as a written contract which SOL is 15 years can anyone give case law to clear this matter up?
  10. wish I could post this, being a newbie the site will not allow me. how can I get this posted. any thoughts
  11. when do I make motion to stike A of D, also, in the summons I can't find statement of claim or cause of action even though it goes state at top of summons COMPLAINT : $6315, sol in delaware where this debt was sold is supposedly 3 yrs. AAC in the statement of account states debt went default 06/19/1996 AAC states that debt was aquired 09/27/1999 and that they are governed by the laws of delaware. grounds for dismissal?
  12. confused about the sol, citibank states that debt went default on 06/19/1996,AAC claims that the debt was bought 9/27/1999 and is governed by the laws of Delaware. if the sol is 3 years, did they purchase this debt outside the sol making it an investment, can i get the case dismissed in ohio now
  13. thanks, only states they are an employee of aac and they are competent to testify that they are familiar with assets records and that asset purchased the business records from citibank, and that the business records reflect the amount I owe.
  14. my bad asset acceptance. thought it read funny
  15. Statement of account lists asset acceptance corp. as assignee of citibank, but AAC is also the plaintiff. is this legal? Also states at the bottom of letter that charged off amount( which states in charge off amount box $4072) reflects credits for payments recieved by ACC if any. this is the amount of principal they say I owe. I never made any payments to them, so is this a contradiction to the lawsuit. also on on affidavit of debt the expert did not sign a fisrt name. just an initial with last name. is this a vald signature. Help the unknowig please!!