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Just recieved trial date today, whats next?

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Heres my story, bare with me anything that needs more explaining. I will explain any part that needs more detail:

I have a debt that I owe to Aspire (reported as CB &T on all three CRA) for the amount for the amount of $1981. CRA reports that the account was “charged off” twice once in January 2005 and March 2003.

First defense: SOL

Equifax was the only one that I could get a Payment history of more two years. It states that I had a delinquency that started on Dec 2001 of 30 days and extended the delinquency 120 days in March of 2002 , 120 days again April 2002 , and 120 days again in May 2002 <----- why is this account 120 days 3 months in a row? This should be charged off by now therefore SOL which is 3 years in my state should take effect. I am sure that I did not speak with nor made payments during this time, if I did, I want them to prove it.

Second defense: FDCPA 807 Validation of Debt

In January 2005 the ASPIRE (CB&T) in CRA showed it was sold/transferred to another lender. I am guessing it was sold to Bankcard Services. Bankcard Service on FEB 10 2005 immediately sent me a warrant of debt subpoena. <---- when a debt is transfered or sold my FDCPA rights are renewed therefore no written notice was sent out by them just a subpoena is this not a violation?

I then in return sent them a DV letter stated that I want

1. Proof of last activity

2. Amount paid if debt was purchased

3. Date of original charge off or delinquency

4. Alleged Account #:

5. Alleged Name an Address of Creditor:

6. Name on file of Original Debtor:

In return I received this letter from the law firm:


Your letter, undated, concerning this case is acknowledged.

The original letter in this case was sent to you on June 11, 2004. Your Verification period on the debt was over on July 12, 2004. ;-------( FDCPA violation Section 1692e??? )

I do not know what internet web site or consumer self-help source you are using to furnish the materials that you have sent me with your letter, but they are , in large measure, if not entirely, irrelevant and will be ignored accordingly. <--- oh no i got caught

Original creditor in this debt was Aspire. That was made know to you in the original demand letter, which you ignored. The balance $1981.10.

If you have some interest or ability in resolving this matter prior to the now scheduled date of March 23, 2005, I urge you to contact me. Otherwise, be advised that it will be our intent to obtain judgment against you on the date and time of trial.

This in an attempt to collect the debt and any information obtained will be used for that purpose. This communication is from a debt collector.

I have already sent CMRRR to the courts and law firm who is suing me:

1. Notice of Appearance

2. Answer, Counter claims

3. Certificate of Service

Although these forms were sent out last Friday the courts nor the law firm recieved these documents, so do I have to resend or wait for the Green Card.

I have post this story in several credit forums looking to get as much info and opinions as possible so any help will be greatly appreciated.

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I don't understand your title "Rec'd trial date today", yet you say you just sent back "Answer", etc.

If you just answered the complaint, you'll will be hearing from the court about a trial date, or a case management review.

Re: "I do not know what internet web site or consumer self-help source you are using to furnish the materials that you have sent me with your letter, but they are , in large measure, if not entirely, irrelevant and will be ignored accordingly."

You should've said, the website is the Federal Trade Commission site and the judge certainly won't ignore your violations of Federal law!

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blacksurfer: I went to my pre-trial date today and was given an option to contest therefore the real trial date will be July 13. I was also given a date for "Grounds of Defense" and the judge ordered Bankcard Services a "Bill of Particulars" next month.

I submitted my Answer, Counterclaims, and Certificate of Service before I even went to my hearing today. Was this wise of me to do so or not??

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