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First of all I want to thank this board.

I just got out of the court room today. Asset Acceptance LLC was suing me over a old debt that was past the SOL.

During the whole deal I made two documents that I can never thank this site enough for the examples.





Plaintiff )


v. ) CASE NO.: xxxxxxxxxxxxxx




Defendant )


Comes now the defendant pursuant to Rule 4:9 of the Rules of the Supreme Court of Virginia and requests that the plaintiff produce the documents described below at the residence of the defendant, xxxxxxxxxxxx on or by 21 days of delivery of this request.


1. As used herein the word ''document'' or ''documents'' refers to all writings or other tangible or electronic records, including, but not limited to, all reports and records, charts, correspondence, notes, memoranda, minutes, inventory records, payroll records, corporate records, bank records, accounting records, logs, work reports, ledgers, books of account, tape or other recordings, contracts, files, photographs, drawings, architectural plans, deposition, hearing or trial transcripts, and all other writings or other data compilations of any nature or sort from which information can be obtained, whether inscribed by hand or mechanical, electronic, microfilm, photographic or other means, as well as phonic (such as recording), or visual reproduction of any oral statement, conversation or event.

2. The word ''document'' also includes all copies unless such copies (including any notations and marks thereon) are exact duplicates of documents that are produced.

3. This request is directed at all documents within the possession, custody or control of plaintiff, and also includes documents within the possession, custody or control of agents, persons or entities in privity with the plaintiff, including past and/or present attorneys.

4. As used herein, the term ''relating to'' and ''relates to'' mean containing, recording, discussing, mentioning, noting, summarizing, referring to, commenting upon, describing, digesting, reporting, listing, analyzing or studying the subject matter identified in a request.

5. To the extent a privilege is claimed with respect to any document covered by this Request for Production of Documents, plaintiff is requested to state with respect to such document the following as applicable:

a. The author of such document.

b. To whom such document is addressed.

c. The date upon which such document was prepared.

d. The title or heading of such document.

e. The type of document (e.g., handwritten note, memorandum, tape recording, journal, desk calendar, books of account, etc.).

f. Any other information which might be necessary to describe such document

sufficiently for a designation thereof.

g. The present location and custodian of such document.

h. The grounds for claiming privilege.

Production of Documents

1. An itemized statement including all charges and all payments relating to the defendant’s account(s) that demonstrate how the alleged amount of $970.68 was calculated;

2. Contracts, agreements, and consent forms bearing the signature of the defendant;

3. A contract, purchase agreement, assignment, or other means between Providian Bank and Asset Acceptance LLC demonstrating that Asset Acceptance LLC had the authority and capacity, and was legally entitled to collect on the alleged debt from Providian Bank Account xxxxxxxxxxxxx;

4. A notarized statement, if presently existing or otherwise, by a person with original knowledge of the alleged debt, as it was constituted, and who can testify, or be so interrogated in a deposition, that the alleged debt was incurred legally;

5. Letter(s) sent to defendant by Asset Acceptance LLC, demonstrating an attempt to collect on the alleged debt.

6. Any and all further documents that you believe establish that defendant had an outstanding account or debt related to Plantiff’s claim(s);

7. Any further documentation, beyond what has been previously requested, that clearly establishes Defendant’s liability and/or responsibility to the alleged debt;

Respectfully Submitted,




This is to certify that a copy of the foregoing was mailed to Some dumb lawyer, xxxxxxxxxx, counsel for the plaintiff on this 22nd day of January, 2007.

And this one..............................





Plaintiff )


v. ) CASE NO.: xxxxxxx )

xxxxxxxx )


Defendant )

Comes now the Defendant xxxxxxx, and files this Request for Dismissal of Complaint, as follows:

1. Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted.

2. Defendant alleges that this action is time-barred under § 8.01-249 of the laws of Virginia.

By not addressing Open Accounts in § 8.01-246 the legislature thereby considers an Open Account to be distinct from a written contract, oral contract quasi-contract or implied contract. , the Supreme Court recognizes also that an Open Account is distinct from a contract by providing a choice of Open Account or Contract on a Warrant in Debt.

3. Plaintiff admits to purchasing the defaulted debt allegedly owed by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

4. Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

5. Defendant claims a Failure of Consideration as there has never been any exchange of any money or item of value between the plaintiff and the Defendant.

6. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

7. Defendant alleges that the Complaint includes references to alleged agreements made outside of the alleged written contract, violating the Parol Evidence Rule.

8. Plaintiff's Complaint fails to allege a valid assignment and there are no averments as to the nature of the purported assignment or evidence of valuable consideration.

9. Plaintiff's complaint fails to allege whether or not the purported assignment was partial or complete and there is no evidence that the purported assignment was bona fide.

10. Plaintiff's Complaint fails to allege that the Assignor even has knowledge of this action or that the Assignor has conveyed all rights and control to the Plaintiff. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

11. The Plaintiff is not an Assignee for the purported agreement and no evidence appears in the record to support any related assumptions.

12. 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.

13. Defendant invokes the Doctrine of Unclean Hands as the Defendant alleges that the Plaintiff or the person or entity that assigned the alleged claim to Plaintiff acted in a dishonest or fraudulent manner with respect to the dispute at issue in this case.

14. Defendant alleges that Plaintiff's Complaint, and each cause of action therein is barred by the Doctrine of Estoppel, specifically Estoppel in Pais.

15. Defendant alleges that Plaintiff's actions are precluded, whereas Plaintiff's demands for interest are usurious and violate state and federal laws.

16. Defendant alleges that Plaintiff or the person or entity that assigned the alleged claim to the Plaintiff is not entitled to reimbursement of attorneys' fees because the alleged contract did not include such a provision, and there is no law that otherwise allows them.

17. Plaintiff failed to comply with normal and accepted business practices.

18. Plaintiff’s claim is in violation of federal statute.

19. 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.

20. Plaintiff has no Fiduciary Duty.

21. Defendant alleges that the granting of the Plaintiff's demand in the Complaint would result in Unjust Enrichment as the Plaintiff would receive more money than plaintiff is entitled to receive.

22. Plaintiff's alleged damages are limited to real or actual damages only.

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

24. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

WHEREFORE, Defendant, xxxxxxxxx, respectfully submits that the Court should dismiss and deny the Plaintiff's complaint, filed herein ASSET ACCEPTANCE LLC. and prays for Dismissal of the complaint by the Plaintiff.

Defendant's Request submitted this xxxxxx day, of xxxxxxx.

They never responded to my production of documents. Never sent me any intorrocatory(sp) or filed any bill of particulars.

Their lawyer was completely baffled and wanted to talk to me after court, at which I told him I was going to the post office to send a Cease and Dissist letters to his client and the next time I heard from them I would be seeking a judgement of my own for violations of Fedral law, and filing complaints to the Attorny general.

He gave me his card and said more than likely I wouldn't be hearing from him again. :)++

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Excellent work! Are you a lawyer? Looks like a job change if not. Cause it takes a pretty smart person to even understand all that! Glad it worked out for someone.

No offense to OP, but those cookie cutter defenses (most of which don't apply) are found on every credit related board. It's like the standard long form DV letter you see all the time. The only one of those defenses that are likely to apply are 1, 2 and 9.

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  • 1 month later...

Kick@ss Gus!

"Damnum absque injuria"

Damage without injury? Anyone care to explain how that defense would applly to JDB's?

Upon researching what that defense means, it might be misconstrued as a demurrer-type "yeah, so?" admission.

The reason I ask is that if pro-se litigants use these cool sounding latin defenses, but then a Judge asks the defendant about them, the defendant needs to be able to explain how they are valid.

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First of all I want to thank this board.

I just got out of the court room today. Asset Acceptance LLC was suing me over a old debt that was past the SOL.

During the whole deal I made two documents that I can never thank this site enough for the examples.

ok...call me dumb!! 8-) I'm confused here...had you filed these 2 documents prior to going to court or you presented them at court?? :confused:

you say above "I just got out of the court room today.....suing me over an old debt that was past the SOL".....BUT

you never really stated the outcome of the case!!??!! except that the atty was baffled, etc.....

Can you indulge me a little with a response? :rolleyes:

Thanks! 8]

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