Search the Community

Showing results for tags 'Asset Acceptance'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • Announcements
    • Polls
    • PLEASE READ BEFORE POSTING / Board Announcements
    • Resources
  • Credit Repair Forums
    • Credit Repair
    • Collections
    • Credit Bureaus/Reports/Scores
    • Credit Article of the Week
  • Legal Issues
    • Is There a Lawyer in the House
    • Bankruptcy Q and A
  • Debt Validation
    • While You are In It Debt Validation Q and A
    • Debt Settlement
  • Loans and Banking
    • Obtaining Credit Cards, Auto Loans and Financing
    • Mortgages
    • Student Loans
    • Banking and Finance
  • Non Credit
    • Off Topic
    • Wine

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


Location


Biography


Interests


Occupation

Found 716 results

  1. Can someone please answer this question? If the proof of service documents say that I was personally served but wasn’t served at all, grounds to have a judgment vacated even though I still resided at the address? Proof that I wasn’t personally served is in the documents they filed. Forged signatures. I was sued by PRA and Asset Acceptance/Midland Funding several years ago. Default judgments awarded to both of them because I didn’t appear in court. I wasn’t personally served like the proof states. Both PRA and Asset Acceptance filed proof of service, using the same process server. The signatures on the filed documents are obviously different. One even has a date a month after the day the server claimed I was served. The signatures, spacing, font, and dates are clearly suspicious are my proof that I was never personally served. I had lost my son, was laid off due to the recession that caused many Americans hardship, was losing my house, and had exhausted all my unemployment benefits. I didn’t care to be alive then. I suffered major hardships that turned my world upside down. I was judgment proof. Judgments were entered in 2012. I understand timing is an issue but I still want to try to have them vacated. It wouldn’t be hard to prove that the documents are forged,false affidavits were submitted, no valid documentation showing proof of a contract, and other violations. I finally started to pull myself together and started working again May, 2014 and since then my wages have been garnished by PRA. Asset is patiently waiting and getting bigger every day. Can someone give me hope? I can and will upload the documents if I need to.
  2. I happened to be at my parents house yesterday (friday june 9) and opened up what seemed like a innocent white envelope addressed to me. Turns out it is a Citation to Discover Assets to a Third Party. The third party is US Bank, where I have my personal checking and savings account. Both have either been frozen or cleaned out by Asset Acceptance, I have recently discovered. The court date is this Tuesday (June 13) I cannot make this court date, but need information hopefully by Monday so I can figure out what to do. This is really difficult with it being a weekend! The debt is over 10 years old, I have no property or hidden money for them discover, and what little I do have is in a joint account with my wife, with a different bank. We have a child and make equal to or less than $45,000 a year and have plenty of other bills. I am considering bankruptcy. Also, the Citation says if I don't show to court I could go to jail!? Any advice is welcomed. Thanks
  3. More information can be found here: http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ Consent Orders can be downloaded here: http://www.consumerfinance.gov/administrativeadjudication/ Encore Capital, and their cohorts Midland Funding, Midland Credit Management, asset acceptance, and in a separate action Portfolio Recovery Associates (PRA) have been reprimanded by the CFPB. This includes paying restitution to some debtors which have been sued, or have paid on accounts to Encore, Midland et. al. and having judgments vacated. This will obviously raise the question: Can any of this information be used in your past, present or future collection actions taken against you. For those that can get their judgments vacated or get their lawsuits dismissed, the answer is a resounding yes. Let's discuss the potentialities of these two consent orders, and how it may affect CIC members.
  4. So, here is my issue. I received an Alias Summons via CMRR from our county clerk. Seems that Asset claims to have purchased a Beneficial retail account that has an outstanding balance of 9377.00. The affidavit from Asset's Heather Andrus goes along the lines of: 1. I, HA, am an employee of AA,LLC and am competent to testify to to the matters stated herein. 2. I am familiar with the manner and method by which AA, LLC creates and maintains its business records, including computer records of its accounts. 3. AA,LLC business records demonstrate that AA,LLC purchased the receivable at issue in the case from Beneficial or its successor in interest. 4. The original creditor in this matter is Beneficial and the original account number is XXXXXXX. 5. The business records associated with the receivable demonstrate that our claim against Defendant is in the amount of $9377.23 together with the interest at the statutory rate of 8.00%. /s/ HA The affidavit's only date is that of the Notary and it is stamped in as being MAR 07 2013 (HA's name is rubber stamped in on the blank in #1). The initial complaint is dated as filed 4/23/2013 with our County Clerk. Green and Cooper are the lawyers for the plaintiff. Alias summons has a new "First Amended Complaint". Still G&C with different attorneys listed. FA is dated 7/8/2015. Both complaints are the same except the amended deletes some language in # 3 claiming accrued interest and statutory interest at 8% in the original. First Amended: Comes the plaintiff, by counsel, for its first amended complaint as follows: 1. The Defendant(s) is indebted to the Plaintiff under and agreement or account. 2. AA, LLC purchased this account. The original credit grantor is Beneficial. 3. Defendant(s) has failed to pay the Plaintiff the remaining balance of its account in the sum of $9377.23. Plaintiff demands ... 12% per annum from the date of entry til satisfied. Can someone help me: 1 - understand the effect of the alias summons 2 - figure out the SOL, I believe it would be DE's 3 years. 3 - How many FCRA and FDCPA violations do you see and 4 - Case law to help me here in Kentucky. I believe Fulk v. LVNV funding and Conway v. Portfolio will help me, but need your help please. - CommoSGT
  5. Yesterday was a light mail day. There was one piece of mail with the return address of Warren, MI. I knew immediately it was from Asset Acceptance. Let's go back in time to talk about my experience in dealing with them so you can see how this started, and now, how it has ended (spoiler alert: I didn't pay them anything). About 3 years ago I began receiving calls from them. I was excited to see BoA sell it off to them, as debt buyers are pretty easy to beat up on in court. I fired off a letter that disputed the debt in its entirety, and I demanded proof thereof. It was one of those 2 sentence letters, taught by Coltfan. The debt disappeared. The request sent the credit report trade line into disputed status and it sat. After about 5 months, a letter detailing a few odds and ends about my account charge off date, my personal information, and a lowly account statement showed up. It was back on. Asset didn't seem to take too well to my dispute, and as such, I received a dunning letter from their attorneys at Fulton, Friedman and Gullace the same week I received their validation response. I had a consumer attorney send FFG a validation letter. And again, I waited. Using the attorney worked very well. FFG never responded to the validation request, instead sending the file back to Asset. What is interesting, however, is that when other posters from this site used the same validation letter (sans attorney letterhead), they were all sued. Perhaps FFG knew it was fruitless endeavor and a loser, but alas, I'll never find out. The offer letters came in. Settlement amounts starting at 45%, which then became 55%. Last months discount rose to 75%. This months offer stayed at 75%, but included the following language in the letter: "The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, me may continue to report it to the credit reporting agencies as unpaid." So there it is. Happy Statute of Limitations birthday to me. On Monday, I'm going to send them one last letter: Dear Asset, I refuse to pay, don't ever contact me again.
  6. I posted yesterday in a thread about standing that I had written some posts about standing and offered to send the poster the link via PM. I got a lot of other requests via PM and questions about standing. So, I decided to take everything in various posts in reference to standing and put it into one post about standing. As always, it's my opinion, how I see the law and the issue of standing, and my personal experiences. It is in no way legal advice or 100% fact and undisputed. It is my opinion and how I see the issue of standing. I am not an attorney and have never step foot in a law school. While the rules of hearsay and standing are pretty much the same across the board, you should always check the local rules in your area along with rulings and precedent that is relevant to the court and case you might find yourself facing. Before you rely on any of this advice or use a strategy based on this post, please contact an attorney. This is not legal advice. When somebody tells you to challenge their (JDB usually) standing to sue, or make them prove they even own the debt, what does that mean. What is standing to sue, or standing in general, as it pertains to the law. Standing just means somebody's right to even be asking the court for whatever they are asking for. On this board it almost always refers to a creditor or junk debt buyer to even sue you. In other words, does whoever suing you own the debt and have the right to even ask the court for a judgement ordering you to pay them. Original creditors, generally speaking, don't have problems with standing. They originated the debt. They entered into the contract/agreement with you. They conducted transactions with you on a regular basis. You might have used the card, they sent you statements, you paid the creditor each month in full or a certain portion. If there were amendments to the agreement or disputes, you settled those or accepted the amendments to the agreement directly with the original creditor. So if an original creditor (a few common examples are Citibank, Chase, Discovery) sues you for an unpaid debt, if the original creditor decides to really fight and spend money to win (which is not a given by any stretch) they have decent odds of proving standing. They can send a witness to court that will have (or claims to have) personal first hand knowledge of the records which the lawsuit is based. On a side note, and for another discussion, is the fact one can still attack an original creditors records and the witness. Having a witness from the original creditor is not a sure fire slam dunk win, but for this post I'm not going to discuss that. Just remember, it's not a sure fire loss just because it is an original creditor suing you. The odds are a ton greater the original creditor can meet their burden of ownership. I know two posters on this board that have beaten big time original creditors when the original creditor and not a junk debt buyer sued them for the debt. What happens when those original creditors decide not to sue and sell the debt under the theory of something is better than nothing. They sell the account to what is commonly referred to as a junk debt buyer. Some common ones are Midland, LVNV and Asset Acceptance. There are hundreds out there, those are just some of the more common that you will see in numerous threads on this board. When a junk debt buyer (JDB) buys the debt from the original creditor (OC) the JDB now steps into the shoes of the OC. In other words the JDB now owns the account and the contract between you and the OC is now between you and the JDB. The JDB can't change the contract/agreement terms, and all the rights and responsibilities of the OC are now those of the JDB. It works both ways. All of your rights are in no way changed. The same rights you had with the OC, you now have with the JDB. So to recap with a common example. Original creditor and consumer enter into a credit card contract/agreement. The consumer for some reason can no longer make payments and defaults. The OC after about 6 months charges off the debt (keep in mind charge off is an accounting term and in no way means the debt is not collectible or enforceable simply due to a charge off). The OC decides not to sue and sells the debt to a JDB. The JDB now owns the defaulted, charged off debt. The JDB can now send letters and make calls to the consumer to pay the bill that was once owed to the OC. The JDB can decide to sue and they will sue in their own name and call themselves the owner of the debt. In other words the lawsuit will look something like, Junk Debt Buyer, Plaintiff VS Consumer. All of this is legal and the JDB right to enforce the contract/agreement of the OC is written in the contract. This is why the defense of lack of privity fails. The agreement allows the OC to sell or transfer your account to another party and you don't get a vote. So what happens when the JDB sues, you receive the lawsuit and say to yourself, "Who in the heck is (insert JDB name here)." That is actually you, in your mind saying "Does this company even have standing." You're on the right thinking by wondering why the OC is not the one suing. You've never entered into any contract with the JDB and now they are suing you and demanding the amount of the charged off debt plus tons of interest. Again, this is all legal (generally speaking). When you are sued there are certain things the party suing must prove for them to win. These are called elements. Elements are vital and required in winning and all elements have to be proven for the party suing to win. In a credit card lawsuit the elements would be; 1. There was a contract (meeting of the minds) between you and the creditor. 2. There was money lent by the creditor to the consumer. 3. The consumer was asked to pay the money back. 4. The consumer did not pay the money back. 5. The consumer owes a certain sum that is allowed under the contract. 6. The creditor has acted according to the contract and the consumer has not. 7. There is a clear amount in the lawsuit demanded and the demand is proper under the terms of the contract. 8. The person or company suing is the legal owner of the debt/account which is the subject of the lawsuit (STANDING). All of these elements must be proven, not some of them, but all of them (these are general elements and are basically the general elements in cases, as anything with the law, there are exceptions). So, if the party suing can prove everything but # 8 (standing), they lose (assuming there is a trial or dispute challenging standing). If they can prove you owe 10K, did not pay the money back, in fact, you can even admit you owe the 10K (not recommending that, just saying you could), but if they can't prove you now owe that 10K to them, they lose. In other words, the owing of the 10K is not in question, the only question is who do you owe (Who has standing).
  7. Well, after I filled my Answer to their MSJ, in which I also requested a hearing for the ruling. Which, surprise, surprise, it was not given. The Justice of the peace here where it was filed has been Pro Term now for over 8 months. Anyways, I filled the Answer to their MSJ on Oct. 13, 2014. Today I got the Order of Judgment dated on November 30, 2014. What totally amazes me is how the Justice of the Peace, here into referred to as DipS h i _ of the Peace or DSOTP! He states, ""finds the pleadings on file and Affidavits submitted establish that there is no genuine issue of material fact and Plaintiff is entitled to judgment as a matter of law. Just to update anyone who hasn't read about this previously. Number one, the chain of command is broken because the documents that the submitted show that, well, here I will copy my statement in my answer, 6. Plaintiff has not proven its standing to sue in this matter. The chain of assignment from Dell/CIT Bank to Asset Acceptance is incomplete. The new Affidavit introduced in the Plaintiffs Motion for Summary Judgment, further here into “PMSJ: (Exhibit D) from Erin Towns says that Dell/CIT Bank purchased the account from WebBank on May 30, 2012. There is no Bill of sale from WebBank to Dell/CIT Bank. Therefore how can the alleged account belong to Asset Acceptance? Defendant has never done business with Asset Acceptance and never received a bill of any sort from them prior to their filing the complaint on September 6, 2013. Additionally I filed with JAMS and they never paid them. I have a new letter from JAMS requesting they pay one final time. So, I stated that they also didn't have standing. And, I don't know if this matters buy Midland, the attorney that filed for MSJ misspelled my name and the judgment was entered in the wrong spelling. Incompetent ass_____!!!!!!!! Okay, so I guess it's apparent that I am mad. I totally can't believe the courts here. They are the dumbest people anywhere! My other question is doesn't the court have to mail you a copy? I only got a copy from Ass___ Midland!. So, what now? And also, I had spoken to Midland and they told me that they were going to cease all collection actively and review the case after I submitted the copies of my emails showing that I returned the computers to Dell. They never responded to phone calls etc after that. One more thing, in terms of appeals or problems with the Justice court. We showed up for our pre-trial hearing and then the court vacated the case saying that we hadn't. They also said that they mailed me the notice to dismiss the case after another 6 months had gone by yet I did not receive any mail. It amazes me that the only mail that I don't receive is from this Justice Court. All my other mail comes to me???
  8. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies. Brief scenario. Dell Financial Asset claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court appointed"...many thanks to those of you that educated me on the difference. I was late on responding to items..but then, so were they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original suit, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them $5,000...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am trying to remember how to put up images....I photographed the entire thing. Let's see if I can post them here. I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). So...let's figure out the image thing now and please please feel free to comment...good and bad. I need straight talk. Thanks so much!
  9. Please read the post here. I think I found something really good that may help others as well. I just need to know what to include so as not to allow Midland/Asset to come back with updated paperwork that changes anything. Here is the link... Thank you all. http://www.creditinfocenter.com/community/topic/324806-answering-msj-arizona-procedural-question-please/
  10. head no longer in the sand

    Started with 8 collections...down to one and need advice

    Greetings, I won't bore you with all of the details of 7 of the 8 collection accounts I found in my credit reports when I begain this adventure on May 12, 2014 or so, but I'll include a link to a post where I'm documenting my victories one at a time here..... http://www.creditinfocenter.com/community/topic/323902-successfully-paid-3-original-creditors-in-full-but-ca-accounts-still-showing/#entry1298069 I read more than a few posts regarding the ethical duty to pay debts that are legitimate as opposed to trying to simply trying to not pay monies that we owe,.and felt compelled to pay the debts that are mine, with the exception of this last remaining collection account. Of the 8 collection accounts I started with, I have only negotiated or paid 2 CA's. I paid monies to the original creditors, as they are who I was indebted to, ethically. My last account is with Asset Acceptance. The original creditor was Beneficial. I obtained a $10,000 credit line with them back in 2006 or so. In 2007/2008, I went through business hell, began the process of trying to save my home, which failed. At that time, Beneficial was the least of my financial worries. I have no documents from Asset Acceptance. No phone calls. Disputed with the CA's. Verified. I have sent a DV letter to Asset, CMRR, but am anticipating the typical response/letter. Asset reports the account as "opened" in Aug 2010, meaning that's when THEY started reporting this account to the CRA's. The actual Beneficial credit line accout is not on any of my CRs. (thankfully) They are reporting a balance of $13,600 and it appears to grow by approximately $150 each month. I would attempt to settle this for less than the amount, and will if possible, but every posting I read regarding Asset Acceptance includes lawsuits, and motions, etc, etc. I am obviously in the waiting stages of the DV response from Asset Acceptance, but I want to be prepared for my next steps. Ideally, if I can take care of this for $2500 or so, I would be thrilled. Can anyone let me know if they have had success settling a debt with Asset Acceptance for less than the amount? Keep in mind I have not been receiving letters, phone calls or anything else from them. I'm certain I have awoken a sleeping giant, but I need to resolve this last, remaining and somewhat large collection account for employment purposes with my new job/employer. Sorry for length of post. I know that's a no-no.
  11. As we all know midland bought out asset. i have an open case with asset and recieved a sort-of dunning letter from midland informing me they were taking over the case. some notable features of this letter: -they informed me 'the account wiill be handled directly by MCM as servicer for asset acceptance, thru its internal legal dept. MCM's in-house counsel has filed or will be filing a substitution of attorney with the court. The back says "As the owner of this account, but subject to the rights below Asset Acceptance LLC is entitled to payment of this account". - Is this considered to be a 'Sale of Debt after 1/1/14' and subject to California's new Fair Debt Buying Practices Act? Doesn't sound like it but I'm open to all remedies. -they requested that if i had filed an answer with the court that i should forward them to midland - I imagine I'm not obligated and its their problem to acquire any documents filed with the court that have been properly served to Asset? -back of letter has standard dunning 'Unless you noitify MCM within 30 days after receiving this notice that you dispute the validity of the debt, MCM will assume this debt to be valid. If you notify MCM, in writing....that the debt is disputed, MCM will obtain verification of debt or copy of judgement and mail you a copy - I know i normally wouldn't DV in an active lawsuit, but am i affording myself any extra options by doing it here? thanks
  12. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies, I can't find it so I can't refer to it. Brief scenario. Dell Financial Asset Acceptance claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court ordered" so I never questioned it...many thanks to those of you that educated me on the difference so I could start screaming they tricked me on purpose. I was late on responding to items..but then, so were they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). I never whined, but will if I have to use that. SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. Only used Oregon when it looked like it would help them. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal following my loss in court appointed ARB, I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original response and subsequent discovery papers, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) And they say I owe $1,100. They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). Please, please feel free to comment...good and bad. I need straight talk. Thanks so much!
  13. any strategies on dissuading them from filing suit again? i dont want to rub their noses in it (well, yeah i do) but want to make it clear they understand what theyre getting into
  14. Hi there, I am new here, but, know from reading the posts on this forum, that I am in the right place to get the help I need. I am so very impressed by the extensive knowledge of the members on legal issues. After many sleepless nights, you have given me hope that I can get through this situation. Here's my issue: I am being sued by a JDB (Asset Acceptance & Midland) in the NJ Special Civil Part Court, with trial date a week and a half away. First, I made sure to answer the complaint by the Court's deadline. Then, I received and answered interrogatories. I then sent Request for Admissions and Request for Production. In the meantime, Plaintiff's attorney left me two messages trying to settle the case, which I do not want to do. In response to my request for Discovery, I received a brief note stating that Plaintiff will not be responding to Defendant's Discovery Requests, as they are not in compliance with the NJ court Rules. What exactly are the deadlines and time frames for Rules of Discovery in NJ Special Civil Part Court? I made sure to find out the appropriate way to request Discovery and thought I had done it properly. Unless there is some procedural error that I don't know about, I'm unclear as to why I am not in compliance with the rules of Discovery. The only thing I can think of is that maybe I missed the deadline, as I have many health problems and am also trying to take care of my son, who also has multiple health problems and has been in the hospital. Now, I just don't know what to do next. I have done my best to try to handle this myself, as I have many health issues and am on permanent disability, which is my only income. The stress this is causing has caused my health to decline even further. I know that I may need an attorney, at this point to unravel this situation, but, because of my financial situation, don't know if this will be possible. This is quite frustrating because I know my rights and I know that this JDB is not entitled to a penny, let alone entitled to even set foot in the courtroom. It's just so frustrating. Any help or suggestions would be so very much appreciated. Many thanks to all for your time and assistance. .
  15. Yes, you read the subject line, and its true...read on: First of all, you should all know that one of the Forum members has been helping me throughout this case, much kudos goes to him! Some of the below are excerpts from messages I have sent him. All of this actually started back last January, but no suit was filed by Midland until June. So far I have weathered their MSJ (denied!!!), the prelim trial, and the trial itself. The trial date was December 3rd at 2PM, I of course arrived early and went into the courtroom at 1:55. There were some criminal cases still ongoing, and those did not finish until 2:10 or so. In the meantime, I watched the door for the JDB lawyer, since I had not seen him yet. At 2:00 a lady entered the courtroom carrying a large tote bag with what looked like files in it, so I thought, "OK here we go..." At 2:10 she left the room, and at 2:15 they called my case. I approached the bench...by myself...no one else was in the courtroom, save for the judge, bailiff, and courtroom workers. The clerk stepped outside to announce in the hallway, and the reporter got on the intercom and paged the JDB counsel to the courtroom. "Mr. Defendant, I am going to let it be shown that you are here and that Plaintiff is not. I am going to dismiss this case WITH PREJUDICE." Absolutely stunned, I looked at him in surprise...I WON!!! I offered a tentative smile, and said, "But your Honor, I took the time to get all dressed up..." he actually smiled back, and said, "Well, it looks like both you and I have some extra time now, doesn't it? I have dismissed this with prejudice; this case is finished in this court's eyes." But, now the paranoid part of me takes over...can they file a motion to set aside judgement? For all I know, his car broke down on the way to the courthouse (it is a cross-state drive for him). Maybe I am still stunned by this whole thing...and what about going after them for violating FDCPA regulations? It seems to me that they knew their goose was cooked when they did not show up in court today. I am sure I could find a lawyer around here to take the case if there are grounds.... And now, today in the mail, it appears my paranoia has been substantiated: I received a notice of hearing for December 20th. The plaintiff has filed a motion to set aside dismissal and reinstate. They are saying that 'due to a clerical mistake and inadvertence by Plaintiff's attorney, Plaintiff's attorney failed to properly calendar the adjourned trial date and failed to appear for the trial scheduled on December 3, 2013 at 2:00.' and 'Pursuant to MCR 2.612 ( C ), Plaintiff moves this court to relieve Plaintiff from the Order of Dismissal on the grounds of mistake, inadvertence, and excusable neglect'. Sigh. I am going to go to the hearing of course and intend on turning it into an impromptu MSJ, since they never have produced the bill of sale. Any words of wisdom?
  16. Think I posted this in the wrong forum originally, sorry! So I have spent literally 40 hours + reading all the amazing information on this web form (and a couple others) and decided that I am going to start a thread for those of us in Minnesota (pocket docket cluster F) and my experience in particular with Asset Acceptance as well as to ask the community for some help. Cliffs: Old CC that was paid off, they never closed the account after paid in full Didn't catch til almost $1,800 in fees/non-payment penalties etc racked up Fought with Wells offered to pay debt less interest/fees *($900) - denied Sold, sold, sold til it hit Asset Acceptance ( do not recall how many CA's actually owned the debt prior, this is my MRS CC) Summons asking for 7k in debt, plus 2k in legal fees I currently wrote my answer and kept it very simple as I read a lot of people on here get carried away with crazy affirmative defenses and stances that I do not feel the need to prove and end up sticking their own foot up their backside in front of a judge. So basically denied everything in my ANSWER and stated not enough evidence to answer therefore Denied etc (obviously admit name and address etc). So my first question before I have her go to the notary, do I need to add at the end of my denials 'strict proof needed' or some verbiage of the sorts? I feel I do not as my denial is saying just that without actually saying that correct?!?! I should ask for the proof during discovery (even if it gets to that point) Again thanks to all you out there (coltfan,BV70, Racecar etc) as I have ready hundreds of your guys' forum postings! Thanks, Erikrosey p.s. I was served 10/12/13 and have 20 days to respond (don't worry, I will respond in time). I am starting this as more of a how-to/get help along the way from you kind folks!
  17. Hi All, I've been away for a bit but need to get some help with something. The most recent activity on my case was that I went to a pre-trial conference. The JDB lawyer basically wanted me to release my bank statements and I refused. We are still in the discovery window and I have been busy with other things, but have been religious about checking the mail. Nothing has come until today. Today I received a Request to Submit for Decision for Discovery issues. In it they state that they served me a statement on June 19 2013. I never got this statement. What do I need to do to fix this? Here's the questions 1. Who is the named plaintiff in the suit? Asset Acceptance 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark 3. How much are you being sued for? ~$1600.00 4. Who is the original creditor? (if not the Plaintiff) Dell Financial 5. How do you know you are being sued? (You were served, right?) Served in Person 6. How were you served? (Mail, In person, Notice on door) Served in Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Utah, Salt Lake 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Possibly April 2010 11. What is the SOL on the debt? To find out: 4 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). In Discovery 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing, Under Discovery they have provided a generic acount statement an a generic printout of a card holder agreement
  18. I have been contacted by a CA over an alleged credit card debt of $15,000.00 + this is now the third CA that has contacted me over this alleged debt. I requested validation and received a generic reply listing the date they purchased the debt, the OC's name Etc. This will be past the SOL in just under a year. At this point should I just wait it out and ignore any contact by the CA in hopes that the SOL will pass before a suit is filed. Based on the amount I am assumiming that the CA will file suit, but was wondering if anyone out there with a similar situation has had the SOL pass and not be sued.
  19. Hello to all, I've been under siege by JDBs for a few years now. Until recently I didn't think I had any recourse but to bend over and take it. I stumbed accross this site while settling with another JDB and have decided that enough is enough. I won't be bullied by these companies any more. I've been reading this site for about a month now as well as doing research. The information contained here is invaluable. I've started this thread to get some advice as I prepare to fight back Starting with the questions: 1. Who is the named plaintiff in the suit? Asset Acceptance, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Fulton, Friedman & Gullace, LLP 3. How much are you being sued for? $12,000 <- greater than $10,000 therefore not small claims court 4. Who is the original creditor? (if not the Plaintiff) Bank of America 5. How do you know you are being sued? (You were served, right?) Saw filing on county website while looking into another JDB suit against me. 6. How were you served? (Mail, In person, Notice on door) Waived service. I was in court to settle on another JDB suit, waived service in order to have more time to read this site and prepair my answers. 7. Was the service legal as required by your state? Not Applicable - See 6 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Standard JDB form letter claiming they owned the debt, miscellanous phone calls which I didn't answer. 9. What state and county do you live in? St. Clair County, Illnois 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Approximately 2009 11. What is the SOL on the debt? 10 years on written contracts in IL 12. What is the status of your case? Suit served? Motions filed? Suit Served. Appearance and Answers to be filed today (12/17) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). Answer due by December 20th. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Addidavit of Account by JDB as follows: Exhibit "A" State of Michigan County of Macomb Affidavit of Account 1) I am an employee of ASSET ACCEPTANCE, LLC ("Plaintiff"), A DELAWARE LIMITED LIABILITY COMPANY, and am competent to testify to the facets set forth in this affadavit. 2) I am familiar with the manner and method by which ASSET ACCEPTANCE, LLC creates and maintains its business records pertaining to this account. These repords are kept in the regular course of business and were created at or near the time of the event. To the best of my knowledge and belief and upon review of records in my possession, Spikey ("Defendent") establish an account with BANK OF AMERICA herein under account number XXXXXXXXXXX-last 4 digits of account. 3) That after establishing said account, Defendant(s) incurred charges and or fees and or intests upon said account. 4) defendant (s) defaulted on their payment onligations with regard to said account. 5) Upon information and belif, Plaintiff's predecessor(s)-in-interest performed all of the conditions of the contract required by said contract. 6) Thereafter, Plaintiff purchased said account for value and is now the owner of said account. 7) That as a result of Defendant(s) payment default, the Defendant(s) named herein is/are justly indebted to the Plaintiff in the amount of $12,000.00 together with interest at the statutory rate. Signed by JDB Affiant Notarized The Complaint Reads as follows: Asset Acceptance, LLC vs. Spikey Complaint at Law ASSET ACCEPTANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, doing business in MACOB County, MI, ("Plaintiff"), by and through consel, complains of Spikey ("Defendants"). as follows: 1. Pursuant to 735 ILCS 5/2-403, Plaintiff is proceeding in this cause as an assignee of BANK OF AMERICA. 2. BANK OF AMERICA and Defendant(s) entered into CREDIT CARD ("Contract"), account number XXXXXXXXXXX-last 4 digits, wherein Defendants voluntarily agreed to pay monthly payments until the contract was paid in full. 3. Upon information and belif, Defendant(s) resides in SAINT CLAIR County, Illnois. 4. Thereafter, Defendant(s) breached the contract by failing and refusing to make payments under th terms and conditions of the contract. 5. As set forth in the Affidavit of Plaintiff, attached hereto, there is due and owning form Defendant(s) to Plaintiff in the sum of $12,000.00, of which no part has been paid, although duly demanded. WHEREFORE, Plaintiff ASSET ACCEPTANCE, LLC, demands a judgement against the Defendant(s) Spikey in the sum of $12,000.00 plus interest and court costs. Signed by JDB Attorey My answers to be filed today: ASSET ACCEPTANCE, LLC. Plaintiff, v. Spikey Defendant Answer I, Spikey, Defendant, hereby enters an answer to Plaintiff's complaint. The Defendant(s) say(s) that: 1. DENY. Pursuant to Collection Agency Act 225 ILCS 425/8b, Defendant has not been provided sufficient documentation validating the assignment. 2. DENT. Pursuant to 735 ILCS 5/2-602, Defendant has not been procided sufficient documentation of stated contract. 3. ADMIT 4. DENY. Pursuant to 735 ILCS 5/2-602, Defendant has not been procided sufficient documentation of stated contract. 5. DENY. This request calls for admission of matter defendant has denied and this is improper Under penalities as provided by law.....etc. Signed Spikey Moving Forward: 1. I'm going to file my appearance and answer today. They're technically not due till the 20th but I have today off of work and it's impossible for me to make it to the courthouse to file documents otherwise. I'm also going to send the documents to the JDB's attorney by certified mail with return reciept. 2. I've been trying to read the civil code of procedue as well as try to find as much caselaw as I can to defend myself. I'm pretty apprehensive about the whole thing as trying to get up to speed on the law and court proceedures is very stressful. It doesn't help matters that this case is above the limit for Small Claims court. 3.The next court date is January 22, 2013, which is a status hearing. 4. I assume my next move is to prepare to file for discovery. I'm also considering filing to strike the JDB's Affadavit. The Affiant never worked for the OC and has no personal knowlege of the alleged debt beyond whatever the JDB has on file. I checked out their work history on Linkedin, they've worked for the JDB since 2011, before that they worked for a doctors office and something else unrealted. 5. Per other cases on this forum, I'm assuming I'll likely be seeing a MSJ from the JDB in the near future, unless I get lucky and they drop the suit. Thank you for any advice in advance. I plan to keep this thread updated as things progress. Asset Acceptance as been filing la lot of cases in Illinois, so I'm sure there are others in the same boat as I am.
  20. My wife recently received a summons to appear in small claims court in DeKalb County in Illinois. The Plaintiff in the case is Asset Acceptance, LLC. I did some research and came across the post by "Spikey" detailing his experience with these guys in Illinois. I'm really new to this type of thing and was confused by some of the wording in Spikey's posts on the subject. If you guys can help us, we'd really appreciate it. 1. Who is the named plaintiff in the suit? Asset Acceptance, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Fulton, Friedman & Gullace, LLP 3. How much are you being sued for? $5,850 4. Who is the original creditor? (if not the Plaintiff) FIA Card Services N.A. a subsidiary of Bank of America 5. How do you know you are being sued? (You were served, right?) I was served in person at my house. As I stated above, this my wife is the defendant in the case, but I took possession of the paperwork. 6. How were you served? (Mail, In person, Notice on door) In person. 7. Was the service legal as required by your state? Not sure. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Letters from FIA Card Services and telephone calls that were not answered. 9. What state and county do you live in? DeKalb County, Illinois 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Approximately 2008 or early 2009 11. What is the SOL on the debt? 10 years on written contracts in IL? Or 5 years? 12. What is the status of your case? Suit served? Motions filed? Not sure? (Like I said, I'm new to this). I'm assuming Suit Served. The paperwork says she is required to appear and answers on 7/10/2013. Can this be done earlier? 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). Answer due by 07/10/2013. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Addidavit of Account by JDB as follows: Exhibit "A" State of Michigan County of Macomb Affidavit of Account 1) I am an employee of ASSET ACCEPTANCE, LLC ("Plaintiff"), A DELAWARE LIMITED LIABILITY COMPANY, and am competent to testify to the facets set forth in this affadavit. 2) I am familiar with the manner and method by which ASSET ACCEPTANCE, LLC creates and maintains its business records pertaining to this account. These repords are kept in the regular course of business and were created at or near the time of the event. To the best of my knowledge and belief and upon review of records in my possession, JKAC ("Defendant") established an account with FIA CARD SERVICES N.A. IS A WHOLLY OWNED SUBSIDIARY OF BANK OF AMERICA herein under account number XXXXXXXXXXX-last 4 digits of account. 3) That after establishing said account, Defendant(s) incurred charges and/or fees and/or interest upon said account. 4) Defendant (s) defaulted on their payment obligations with regard to said account. 5) Upon information and belif, Plaintiff's predecessor(s)-in-interest performed all of the conditions of the contract required by said contract. 6) Thereafter, Plaintiff purchased said account for value and is now the owner of said account. 7) That as a result of Defendant(s) payment default, the Defendant(s) named herein is/are justly indebted to the Plaintiff in the amount of $5,850.00 together with interest at the statutory rate. Signed by JDB Affiant Notarized The Complaint Reads as follows: Asset Acceptance, LLC vs. JKAC Complaint at Law ASSET ACCEPTANCE, LLC, A DELAWARE LIMITED LIABILITY COMPANY, doing business in MACOB County, MI, ("Plaintiff"), by and through consel, complains of JKAC ("Defendants"). as follows: 1. Pursuant to 735 ILCS 5/2-403, Plaintiff is proceeding in this cause as an assignee of FIA CARD SERVICES N.A.. 2 .FIA CARD SERVICES N.A. and Defendant(s) entered into CREDIT CARD ("Contract"), account number XXXXXXXXXXX-last 4 digits, wherein Defendants voluntarily agreed to pay monthly payments until the contract was paid in full. 3. Upon information and belif, Defendant(s) resides in DEKALB County, Illnois. 4. Thereafter, Defendant(s) breached the contract by failing and refusing to make payments under th terms and conditions of the contract. 5. As set forth in the Affidavit of Plaintiff, attached hereto, there is due and owning form Defendant(s) to Plaintiff in the sum of $5,850, of which no part has been paid, although duly demanded. WHEREFORE, Plaintiff ASSET ACCEPTANCE, LLC, demands a judgement against the Defendant(s) JKAC in the sum of $5,850 plus interest and court costs. Signed by JDB Attorey My answers to be filed today: ASSET ACCEPTANCE, LLC. Plaintiff, v. Spikey Defendant ***As I said, I read Spikey's thread and he took the following action, filing this answer: Answer I, Spikey, Defendant, hereby enters an answer to Plaintiff's complaint. The Defendant(s) say(s) that: 1. DENY. Pursuant to Collection Agency Act 225 ILCS 425/8b, Defendant has not been provided sufficient documentation validating the assignment. 2. DENT. Pursuant to 735 ILCS 5/2-602, Defendant has not been procided sufficient documentation of stated contract. 3. ADMIT 4. DENY. Pursuant to 735 ILCS 5/2-602, Defendant has not been procided sufficient documentation of stated contract. 5. DENY. This request calls for admission of matter defendant has denied and this is improper Under penalities as provided by law.....etc. Signed Spikey ***My question is, can I or my wife file an answer similar to this before the 07/10/2013 court date that has been provided? As I said, as much help as can be provided will be greatly appreciated. We are thankful and willing to learn.
  21. So I got the summons on 2/13 and I've done some research but the deadline is coming quick. Any help would be so much appreciated. I'll follow the format for posting. 1. Who is the named plaintiff in the suit? -- Asset Acceptance, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) -- It just has the names of the attorneys. I'm unsure if it's a good idea to post their names. LMK if it's important to know 3. How much are you being sued for? -- 2XXX+ 4. Who is the original creditor? (if not the Plaintiff) -- Dell Financial Services / Cit Online 5. How do you know you are being sued? (You were served, right?) -- I got served! 6. How were you served? (Mail, In person, Notice on door) -- Process server/P.I. left it with my roomate. 7. Was the service legal as required by your state? -- Yes, I believe it was. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? -- None, that I know of. 9. What state and county do you live in? -- Utah, Salt Lake County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) -- I honestly can't remember and can't find anything on my CR (nor can I pull another CR for free. Pulled them in June last year.) 11. What is the SOL on the debt? To find out: -- I'm guessing 6 years. 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). -- I don't know. I will be calling the clerk tomorrow as it's been 15 days and the plaintiff is supposed to file within 10. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) -- No, I haven't. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. -- No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have 20 days. The summons has 2 lists in it, Claims and Demands, as follows: CLAIMS: 1. Defendant resides in this county and/or signed the contract giving rise to this action in this county. Jurisdiction and venue are proper in this court 2. Defendant entered into a contract with DELL FINANCIAL SERVICES/ CIT ONLINE BANK opening an account ending in XXXXXXXXXXXX, which contract was subsequently assigned to Plaintiff. 3. Defendant has defaulted on the obligation under the contract. 4. The amount due and owing to the Plaintiff is $2XXX.XX plus accrued interest of #XX.XX as of Nov. 2012 at the rate of 10.00% per annum less any payments made. In addition, Plaintiff is entitled to recover interest from Nov. 2012 until the date all amounts due are paid. 5. Plaintiff may be entitled to recover a reasonable attorney's fees as provided in the contract. In the event Defendant fails to respond to this Complaint, and default is entered, Plaintiff may seek attorney's fees in the amount of $400.00 pursuant to U.R.C.P. 73. Said fees will not be shared in violation of Rule of Professional Conduct 5.4. 6. The Plaintiff may also be entitled to additional attorney's fees for post-judgement services rendered in accordance with applicable law. 7. Further, equity requires Defendant to pay the value of the benefits received. DEMAND: Plaintiff requests judgement as follows: A. For damages in the amount of $2XXX.XX plus accrued interes of $XX.XX as of Nov. 2012 at the rate of 10.00% per annum less any payments made; B. For additional interest from Nov. 2012 until amounts dues are paid at the rate of 10.00% per annum; C. For reasonable attorney's fees (if any) in the amount of $400.00 purusant to U.R.C.P. 73; D. For post-judgement attorney's fees in accordance with applicable law; E. For costs of court both prejudgment and post-judgment; and F. Any other relief as the court deems just and equitable. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. -- Nothing So, I want to get my answers ready. I'm not even sure I should affirm the first claim. I don't believe SOL has been reached, but I'm not certain. The account is with Dell, as it says above. I currently have a Dell Financial account in good standing so I know it's not referring to that. How might I find out if this is past the SOL? I don't know if this was assigned or bought by Asset Acceptance. If they prove that they're assigned in the contract, I won't have any way to fight, right? Again, thanks in advance for any help.
  22. I'm starting this thread as mainly a sanity check and to ask questions. I've dealt with Johnson Mark before, however it was several years ago. In that case the amount was so small that once I answered and started discovery I think they decided it was more trouble than it was worth. In that specific cases I threw the laundry list of Affirmative Defenses at them (23 total) From what I have been reading over the past few days, it sounds like that probably isn't the best way to go. My main concern right now is making sure that I don't hang myself with any affirmative defenses. Thanks in advance for the help. 1. Who is the named plaintiff in the suit? Asset Acceptance 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Johnson Mark 3. How much are you being sued for? ~$1600.00 4. Who is the original creditor? (if not the Plaintiff) Dell Financial 5. How do you know you are being sued? (You were served, right?) Served in Person 6. How were you served? (Mail, In person, Notice on door) Served in Person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? Utah, Salt Lake 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Possibly April 2010 11. What is the SOL on the debt? To find out: 4 Years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit Served. Too early to confirm it has actually been filed. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? 20 Days from service on 3/21 Will post the full summons below. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing
  23. Was wondering if anyone has suceesfully used the Delaware Choice of Law provision to invoke the 3 year SOL as opposed to the California 4 years SOL. I have an alleged debt and it is about 8 months out of the 4 year SOL. I am expecting the CA to file suit any day now and have been reading up on possible strategies.
  24. Hello all, I have been researching my case a lot and with much help from people on here have filed a motion to strike the generic affidavit of account included in asset acceptances initial complaint against me. I wrote out the motion and then a reply after the prosecutions attorney filed their objection. The judge recently denied my motion. Here is what he wrote: "Motion is denied. The affidavit is not evidence but only an attachment to complaint." That is all the prosecution has provided in terms of evidence and then a couple days later I get hit with a motion for summary judgement. Can someone please help me figure out what is going on? I have not been able to find an answer. From what I have read, people win motions to strike on these affidavits all the time, why does the judge not consider this evidence? And if they have presented no evidence, how can they file a MSJ? How should I attack this? Oh and I'm being sued in Arizona. Thank you all so much,
  25. I came across this forum. I started this thread to update and show the progress and or outcome of the case. I haven't been summoned yet. But I have a friend at the clerks office who called me and told me someone filed against me. Sure enough I am being sued in small claims court for 5900.00 Which doesn't make sense to me because the limit is for 3000.00. My orignal debt was 5900 not including interest. The debt is credit card debt and is recent a few years old. I am not sure what my next step will be. I guess I have to wait and see . REading this board has put me a little at ease. Thanks for any comments questions and or help in advance.