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Being sued by Asset Acceptance in Chicago


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Hello,

I am currently being sued by Asset Acceptance in Chicago and had some questions on how to proceed. First here is the info on the case;

1. Who is suing you? Asset Acceptance

2. For how much? $10,353.00

3. Who is the original creditor? Citibank

4. How do you know you are being sued? Served on 1/12/2007

5. How were you served? Were you served? Officer of the Court

6. What was your correspondence (if any) with the people suing you before you think you were being sued? DV Asset Acceptance back in April 2006

7. Where do you live? Chicago, IL

8. When is the last time you paid on this account? 4+years

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). Answer due in 10 days, Court date 3/26/2007

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

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

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?

I filed my appearance 1/22/07 Please see full complaint below

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

Yes they sent exhibit "A" it is a bill of sale, assignment, and assumption agreement between Citibank and Asset Acceptance dated April 4th, 2006. No dollar amounts listed.

Exhibit "B" which is a citibank card agreement for the home depot consumer card program.

Exhibit "C" whic is an affidavit of claim produced by asset acceptance.

14. What is the SOL on the debt? To find out: Not sure yet.

Here is what they are claiming and to finish my answer to question 12;

Asset Acceptance LLC

v.

Me

Verified Complaint at Law

Asset Acceptance LLC, by and through counsel, complains of "me", as follows:

1. Pursuant to 735 ILCS 5/2-403, Plaintiff is proceeding in this cause as the Assignee of Citibank.

2. Citibank and Defendant entered into a Cardmember Agreement, wherein Citibank issed a credit card number xxxx to Defendant and defendant agreed to pay all amounts charged by the use of the credit card.

3. Upon information and belief defendant resides in cook county, Illinois

4. Thereafter, Defendant incurred charges by use of the credit card.

5. As set forth in the affidavit of plaintiff, attached hereto, and there is due and owing from defendant to plaintiff the sum of $10,353.00, of whic no part has been paid, although duly demanded.

Wherefore, plaintiff asset acceptance llc, demands a judgement against the defendant in the sum of $10,353.00 plus interest and court costs.

I have started working on answers to these complaints but any help would be appreciated.

Also on the exhibits;

On exhibit "A" the bill of sale can I request to see the full bill of sale not just the signed last page of it. In order to see how much they paid for this alleged debt.

On exhibit "B" The credit card agreement shows a copy of a generic credit card agreement (5 pages) and it is for a Home Depot consumer card (I have never had a home depot card)

On exhibit "C" Affidavit of claim, It states that the amount is justly due and owed, and that asset acceptance now owns the account. What is this for?

Other than an account number there is nothing with my name on it or any dates when I had this alleged card.

Also any help with cook county court procedures would be really appreciated as well as any comments from people who have gone to court with asset acceptance would help as well. Thanks for taking the time to read my post

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If you never had a home depot account and you DV'd them without proper response (a print out from Asset's own records is *not* and never has been deemed validation), I strongly recommend you get a lawyer. You have some serious counter claims. And their "evidence" presented with the complaint is laughable.

DO NOT DO THIS ON YOUR OWN if you have never handled a pro-se case in Cook County. The judges are total wild-cards. You could get one that is consumer friendly and will be understanding if you slip up on procedure, or one that will just slam the gavel without letting you even speak.

Your counter-claim of FDCPA violations, fraud, and perjury (they are swearing under oath you owe this and obviously you are not the right person) should be sufficient to get you a lawyer that will handle it on contingency. Call the Chicago Bar Association if you need a referral.

Actually, Call Edelman, Combs, Latturner & Goodwin at 312-739-4200. They've hammered Asset several times before. I'm sure they'd like another crack at them.

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I have previously worked with Edelman Combs on a different case and it really worked out well. I had already sent them all the info on this case with Asset and they didnt really see anything they wanted to act on, but they did give me some advise on the case. Methus, I see you are located close by and it sounds like you have been to court in Cook County. I have done a couple of pro se cases when I lived in Indy so I am not afraid to handle something myself, but you do have me a bit worried about the judges being wild cards. I would really like to ask you a few questions if I would not be to much trouble. Also do you know of any attys that you would recommend? Thanks again

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