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I've been served a civil summons and need help responding


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Hello all. I have been served with a civil summons today that states I need to submit a written defense to the clerks office within 20 days from today. The summons is for three accounts. 1) First USA Bank (Credit Card) 2) & 3) Verizon Wireless. I have diligently checked my credit report with the free annual credit report and keep the ones from equifax. I checked last years and this years report and found none of the accounts on the report. So I will list the pertinent info on the accounts here. Please help me respond to the summons.

1)Greene & Cooper is suing me on behalf of Asset Acceptance LLC


b.$ 193.43

c.$ 117.08

3)a.First USA Bank

b.Verizon Wireless

c.Verizon Wireless

4)I was served with a Civil Summons from sheriff to respond within 20 days

5)I was served with a Civil Summons from sheriff to respond within 20 days

6)Letters were sent to me by law firm but I did not respond knowing these accounts were beyond SOL. Law firm called many times in the last few months, but never left a message. I did not respond to any attempts to contact me.

7)I live in Kentucky, but original debt is in OH

8)a.No date given for date of last payment but charge off date is 09/23/97



9)I am unsure of the status but was just served today notice to respond within 20 days.

10)I have not disputed the debts, but none show up on my credit report.

11)I did not request a DV

12)The summons does require a response within 20 days. Counts I, II, and III are all the same complaint.

a.At the specific instance and request of the Defendant, a credit card on a revolving charge account basis was issued to Defendant.

b.Asset Acceptance, LLC purchased this account from the original credit grantor referenced on the exhibits attached hereto.

c.Defendant has failed to pay the Plaintiff the remaining balance of its account in the sum of:$$$$, together with interest accruing hereto.

It states they demand judgment for the amount of accounts plus interest, cost expended herein, and any and all other relief to which the plaintiff may appear entitled.

13)Submitted as evidence are three signed affidavits from Asset Acceptance LLC for each account and a statement of account for each account.

14) SOL is 6 year in KY and 5 years in OH

Thank you for any and all help you can provide.

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You need to get to the law library and dig into your annotated statutes. Chapter 413 is limitations on actions. 413.090 is written contracts (15 years) 413.120 is other (5 years). Read over all the caselaw and see if anything is on point with credit cards (unlikely).

From there you need to find out when the cause of action begins to accrue and what actions, if any, toll the statute of limitations.

You should be able to motion to strike their affidavits of account as they (Asset) have no personal knowledge of accounts originated by Verizon and FirstUSA.

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Send a debt validation letter CMRRR to law firm who filed suit - now.

File an answer with in 20 days - examples on this site and others - as Affirmative defense assert out of SOL.

Find something they screwed up on and counterclaim.

Attack affidavit from Asset ee - dosn't mean squat. Demand doc's affidavit based on - hint they don't exist.

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  • 2 weeks later...

Can anyone look over this to make sure it all makes sense and I'm not shooting myself in the foot. I would greatly appreciate it.

In the District Court of the Commonwealth of Kentucky

For the County of Jefferson

Asset Acceptance LLC


Sean M. Steele

Defendant, appearing pro se, for its reply to the Complaint of Asset Acceptance LLC states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein.

As and for a First Defense

Defendant alleges that this action is time-barred under §413.120 of the laws of The Commonwealth of Kentucky. Per the Plaintiff’s own summons, date of last payment was 09/23/1997, 04/10/1997, and 01/30/1997 for Counts I, II, and III respectively. Date of summons was 10/22/2006.

As and for a Second Defense

Defendant invokes the Doctrine of Laches as the Plaintiff 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 evidence or that evidence necessary to provide for Defendant's defense has been lost or destroyed.

As and for a Third Defense

Defendant claims Accord and Satisfaction as Defendant alleges that the original creditor accepted payment from a third party for the alleged debt, or a portion of the alleged debt, or that the original creditor received other compensation in the form of monies and/or credits.

As and for a Fourth Defense

Defendant invokes the doctrines of Scienti et volenti non fit injuria and Damnum absque injuria.


Dated October 10, 2006


Sean M Steele



Asset Acceptance LLC

P.O. Box 2036

Warren, MI 48090

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