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Being Sued By Asset Acceptance, trial next week


KleenCut170
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Hello All,

This forum has been very helpful.

Trial is next week, collection agency is represented by "lawyers."

Being sued for approx $6K.

SOL is uncertain.

They sent me paperwork, monthly statements which I believe is enough to verify.

Last payment date seems altered and is unverified.

They sent me Interrogatories and Request for Admission, I need to file today (3 days late, state CA)

They sent declaration in lieu of live testimony.

I'm so stressed.

Any advice would be immensely appreciated.

THank you! :cool:

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Hello All,

This forum has been very helpful.

Trial is next week, collection agency is represented by "lawyers."

Being sued for approx $6K.

SOL is uncertain.

They sent me paperwork, monthly statements which I believe is enough to verify.

Last payment date seems altered and is unverified.

They sent me Interrogatories and Request for Admission, I need to file today (3 days late, state CA)

They sent declaration in lieu of live testimony.

I'm so stressed.

Any advice would be immensely appreciated.

THank you! :cool:

Make sure you go to the courthouse and file an answer. ASAP

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the intial answer was filed.

i have yet to answer the interrogatories and request for admission.

when does SOL begin in CA?

suit was filed dec 31, 08

i was servied feb 19, 09

chase says date of last contact was 3/21/05

asset acceptance says 10/31/05, with no evidence

the only evidence is a check from july of 04

is this still within SOL? even if they do not have proof of last payment date?

should i just settle?

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Statute of limitations is 4 years after date of last payment in CA. IF the OC says 3/21/2005, they're still in statute (the SOL would have been 3/21/2009).

I'd ask for discovery... keep the fact the have a canceled check to yourself for now until they ask for discovery from you.

Chances are they'll have nothing to prove their case... their declaration is hearsay anyway. Asset cannot competently testify to the books and records of the original creditor. Then subpoena the affiant to appear in court-- they will be unavailable...

Edited by unusualsuspect
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Chase is fast with getting statements together for you. Ask for a continuance, and wait until you get copies of the statements. Do not tell anyone you are getting the statements as they can be used against you in the event it is still within SOL.

My gut tells me 3/21/05 was the charge-off date and payment was 6 plus months prior.

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are the statements verification enough, pr do they still need a signed contract to prove the debt was legal?

also can anyone help me find tips on answering interrogatories? invasive of privacy, lack of sufficient info to answer, overbraod and not pertinent to this case, etc. good answers to invasive interrogatories, thanks.

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Im also dealing with Asset. they arent suing my husband yet but they may try. I tried getting statements from american express and they stated they can no longer discuss the account because it has been sold to Asset. I think that is absurd. I need a letter stating the actual charge off date from either Asset or American Express. Can anyone tell me how to get that? looks like since Asset is known for suing I better have all this stuff just in case. I need the letter stating the charge off in order to close on our mortgage.

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