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Couple questions post hearing time frame.


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First off this is a wonderful site, very useful.

Here's the facts best I can remember, writing this at work and don't have the documents handy.

I have received several collection notices over the past few months and disregarded them as I didn't think it was accurate and the credit card they were referencing was way way old. (oh and I was ignorant to the law :)++ )

I live in Virginia. SOL is 3 years on Open line of credit and 4 years for written contracts.

I recieved a summons to appear. On the summons it has "a$$"et Acceptance LLC listed as the "Assignee". It has a check in the box for "contract" and "Open". It has an Affidavid from someone claiming to know all about the case and can be called to testify if need.

The hearing was last Friday. I claimed to have no records of the credit card, which i don't and could not be sure if the debt was actually mine. So the judge set up a trial in mid March.

Then I found this site:xangelx

Question: Is a Providian credit card considered a contract or open line of credit? Everything I keep reading says its an open line of credit. If so how could CA claim it to be a contract on the court documents, just to narrowly meet the SOL deadline of contract because they could not meet the SOL of a Open line of credit.

Question: I assume that I have to do Discovery to find out if the CA is actually a "Assignee" of providian. When do I shoot off the letter? I'm thinking they actually bought the debt for penny's. If they bought the debt are they Assignee's or is this another fraud?

Question: If they bought the debt, my contract was with Providian not with them. I have no contractal obligation with the CA, is that true? They basically speculated on the debt and did harm to themselves for which they are trying to sue me. The credit card company wrote this off in 2002. They are collecting moneys twice if thats the case?

Anyway my big deal now is when can I fire off the letter of discovery. I've never been sued before and this is quite a learning process. The debt isn't big enough to justify a lawyer so I'm going to fight these monkeys on my own. I'm also mad as hell, not so much for myself but watching the hearing the other day as their lawyer sit up there for 45 minutes while the judge called name after name and only four people showed up, one a 65 year old lady in tears.

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