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Being sued by Asset and not sure how to proceed


psilo
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1. Who is suing you? Asset Acceptance

2. For how much? $5619.83

3. Who is the original creditor? Citibank

4. How do you know you are being sued? I searched the county courthouse website and saw it listed

5. How were you served? Were you served? I have yet to be served

6. What was your correspondence (if any) with the people suing you before you think you were being sued? Sent a DV letter earlier this year when I received their collection notice.

7. Where do you live? Florida

8. When is the last time you paid on this account? 05/21/03 - this was before i realized that the account number did not match my records - further explanation will be below

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). Status is open. Case was filed on 07/11/06, 10/13/06 shows "summons unserved", 12/05/06 shows "pre-trial 03/15/07 and 12/05/06 also shows "alias summons issued to process server"

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Only the collection agency as it does not appear on my credit reports by either the OC or the CA.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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? Nothing received at this time

13. What evidence did they send with the summons? An affidavit? A statement from the OC? Anything else they attached as exhibits? Nothing received at this time

14. What is the SOL on the debt? To find out: 4 years open ended and 5 years written.

I did have a Citibank account only it does not match the account number of the alleged debt. I had paid a collection agency assigned by Citibank on this incorrect account number up until 05/21/03 at which point i realized it was not the correct account number. Both my actual account and the incorrect account no longer appear on my credit reports nor does Asset.

On 12/12/06 i received a settlement offer from Asset for 50% off of the balance they claim i owe if paid by 12/30/06. To be honest, I am almost tempted to take the offer. I do not feel comfortable representing myself in small claims court and retaining a lawyer could end up costing as much as the settlement offer. In their settlement offer they state the following "benefits":shock: , i will receive a paid letter, eliminate any future interest or payments on this account and Reduce my outstanding debt. Now i know that Asset is a scumbag JDB and i hate the idea of paying them money that i may not owe, but in this instance it would cost me almost as much to retain legal council and i really just want this behind me as i could not afford to lose the case.

Any suggestions as to what the least stressful action to take would be? I've seen too many instances where the Florida courts could be run better by a barrel of monkeys and I am literally scared to set foot into a courtroom.

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I wouldn't want to pay Asset directly either. If you are serious about settling with Citibank, have you tried to bypass their CA and settle with them by fax? If you are being offered a settlement of 50% by Citibank, and you can pay it, I'd say take it. That is the lowest I've ever heard of them going for!

I was sued by Citibank and I won in my old jurisdiction on a technicality, and still they send me letters offering to settle for 80%. They turned down my offers to settle for 50%.

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