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Asset Summons Recieved Today


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I'm new to the board and need some help.

I recieved a Summons from Asset for a Charged off Providian Card.

On the Statement of Claim it says that the Plaintiff is Asset Acceptance, LLC As Assignee of Providian National against Me.

On the Complaint it States Asset Acceptance LLC, As Assignee of Providian Nationa(Plaintiff) VS Me

Count 1

1. The Plaintiff claims of the defendant ME the Sum of 964.80 Due on account stated to-wit: 5/11/01

Plus the interest of 453.74

2. The Plaintiff demands Judgement against the defendant for the sum of $1,418.54 Plus interest and Cost

The Affidavit Says

The Attorney for Parnell & Crum, PA is making this affidavit as attorney for Asset Acceptance, LLC as Assignee of Providian National

Then there's an Affidavit From Asset Acceptance stating that the account has been purchased by Asset who now owns the account.

Then There's an old statement dating back to 5/10/01 attached

Then My answer to the Complaint which reads.

Check one

A_____ I do not live in this county, I want this case transferred to my

hone county of__________________.

B_____ I admit everything in the statment of claim and do not want a

trial (this means that you consent to a judgement for the amount

claimed plus cout cost)

C_____ I admit that I owe some money, but not the total amount claimed

by the plaintiff(s) (If this block is checked, the case will be set

for trial. Please note that nay money paid by you on this claim

after the suit was filed may not be reflected on the statement

of claim which you recieved. You should contact the person who

sued you or his attorney to determine the present balance which

is claimed)

D_____ I deny that I am responsible at all (Explain below)

(No room for Explination)

So now, how do I need to answer this?

The OC Providian has it as a Charge off transferred to another office. Asset has it as Charge off Seriously past due date / assigned to attorney, collection agency, or credit grantor's internal collection department.

I need help and 14 days to answer this....

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Wow. They have a "check the box" option now? How 3rd grade is that?? :roll:

First, you'll for sure want to answer the complaint. They're counting on you NOT answering at all so they can get a default. Since there's only one count listed, it should be easy to set up.

What court is this in (district, small claims, etc)? What state are you in? When did this thing first go delinquent?

What is the history of this account? Has Asset been bothering you about this debt? Do you have collection letters from them? Have you ever talked to them/sent them any letters?

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It's in Small Claims in Alabama. It went delinquent in 2001. As far as I can remember I have never recieved anything from them...

I'm too new to this to know what approach to attemp to take on this...

Can they be the Assignee and the Owner of the Debt? Should I attemt to settle with them? and If they bought the debt do I still owe Providian for the original debt?

Sorry for all the questions...I'm learning more everyday thanks to this board.......

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Here is the things that stick out to attack.

This can not be an Account Stated, that requires an agreement between the parties and you agreed to nothing with ASSet. After you answer, submit a motion to strike the affidavit as they have NO personal knowledge of the debt.

I believe them representing themselves as assignee is actionable. I do not have case law on this but DocDon is almost famous for piping up about that. 8-)

Your answer should not be the form they provided, find the big long list of answers and defenses that c m chase has posted in the past. It is tailor made for JDBs like ASSet. BTW, ASSet has represented to at least one state goverment that they never take assignment on a debt, they only buy old debts.

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Here are the Defenses....you can use almost all of them. http://www.debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=26081&postdays=0&postorder=asc

Also, search a Motion to Strike Affidavit. It's B.S. and can't be admitted as evidence. A law firm here got sanctions for trying that.

Your Answer can be as simple as:

1. As for Plaintiff's paragraph #1, Defendant denies and demand strict proof thereof.

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Manonamission, I'm no expert but I believe the SOL for Alabama is only three years. If your account became past due back in 2001 then your SOL for that account may have already passed, which would be great for you!

Good luck with your summons, I am currently going through the same thing.

Maekenzie

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Alabama Statutes of Limitations

Contracts under seal: 10 years, (A.C. 6-2-33)

Contracts not under seal; actions on account stated and for detention of personal property or conversion: 6 years (A.C. 6-2-34)

Sale of goods under the UCC: 4 years (A.C. 7 -2- 725)

Open accounts: 3 years (A.C. 6-2-37)

Actions to recover charges by a common carrier and negligence actions; 2 years, (A.C. 6-2-38)

Actions based on fraud: 2 years (A.C. 6-2-3)

I found this today, I would assume that a credit card would be an Open Account which would make the SOL 3 years?

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I would assume so, yes.

You don't necessarily have to use all those Defenses I gave up there now. You can file an Answer with the affirmative Defense that it's out of statute of limitations. And then you file a Motion to Dismiss. (I"m assuming that's still allowed in small claims?)

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Ok, I checked D on the idiot sheet and stated in the tiny box to see attached reasons...

1. As for Plaintiff's paragraph #1, Defendant denies and demand strict proof thereof.

2. Defendant alledges that this action is time-barred under § Code Of Alabama, Article 2, Section 6-2-37 of the laws of Alabama.

3. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

4. The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

5. Defendant invodes the Doctrine of Laches as the Plainiff or the person or entity that assigned the claim to the Plaintiff waited too long to file this lawsuit, making if difficult or impossible for the Defendant to find witnesses or evidense or that evidence necessary to provide for Defendant's defense has been lost or destroyed. .

6. Defendat reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

I'm planning on delivering this tomorrow...Am I doing this right??

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Looks good to me...

You made that answer look like you know what you are doing.

Now file a counter claim for 1000 dollars for FDCPA violation of section 807 false representation of the legal status of the debt

They are saying the debt is a legal debt but it is not.

Might be a nice 1000 bucks for you since this is past the SOL in your state for Open accounts.

Lots of Luck

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Well, if you're going to go with a counter right now, go whole hog with it. The SOL bit is a fairly straight-forward win, but if you want more than that, get alllll those violations in.

We know they're listing it as an installment account. That's one. Were they recently trying to contact you about it? You still have those letters, if they were? Did you ever send notice of dispute to either them or the CRAs? There are tons more things you can do here if you want to go that route. :D

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