Sued by Messerli & Kramer (Asset Acceptance)

[Ulrigh]

1. Who is the named plaintiff in the suit?

Asset Acceptance

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Messerli & Kramer

3. How much are you being sued for?

$7300

4. Who is the original creditor? (if not the Plaintiff)

Regional Bank Branch

5. How do you know you are being sued? (You were served, right?)

Summons/Complaint

6. How were you served? (Mail, In person, Notice on door)

In Person

7. Was the service legal as required by your state?

Yes, Sheriff Delivered

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None, perhaps mail.

9. What state and county do you live in?

Anoka, MN

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

2009

11. What is the SOL on the debt? To find out:

6 Years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Filed an Answer but might amend.

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

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

No.

15. How long do you have to respond to the suit? (This should be in your paperwork). 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?

20 Days

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

No Evidence

He doesn't mind paying, after all he does owe the money after all to the original creditor. He's already made payment arrangements that for which the 1st month has already posted. Should he go forward with suit to protect his own rights should they not drop the suit? Does he still have a case if any at all? An Answer has already been filed just in case but without counterclaims. Can I also stand up for him in Court through Power of Attorney? Thanks.

Edited October 28, 2012 by Ulrigh

[BrunoTheJDBkiller]

We need more information, fill out the 20 questions on the home page. Ordinarily credit card agreements have arbitration clauses. This has been sold to a lowlife junk debt buyer, they paid at most 2 cents on the dollar for the account. Arbitration costs 500 per hour, and they have to pay for it. They won't, for obvious reasons. Validation goes away once suit is filed, it is worthless anyway, all they have to do is provide the name of the original creditor and the amount of the account. Asset is rather easy to beat, they won't fight, it isn't in their business model.

[racecar]

Defendant Messerli & Kramer, P.A. is a Twin Cities law firm that has a substantial practice in collecting consumer debts.M&K has employed unlawful debt collection practices when levying and garnishing consumers’ bank accounts or other assets. The Minnesota Legislature has recognized that all citizens, including debtors, have the right to maintain a minimal standard of living and so has classified certain monies as exempt from levy. Some consumers faced with bank levies by M&K claim exemptions because their income is from Social Security, veterans’ beneñts, unemployment, pensions, or other forms of public assistance.Yet, files boiler*plate objections to claimed exemptions, making unqualified representations that consumers have failed to prove that the funds were exempt.These representations are false, or are made without knowledge of the truth or falsity of the statements.M&K uses its superior bargaining power to require consumers to request and attend court hearings to prove the claimed exemption. Consumers savvy enough to do so have found that M&K fails to appear for the hearing.

This letter is to the attorney general's office

Thank you for you letter of July 29, 2003. We disagree with the factual and legal

conclusions contained therein. As you know, our client’s acceptance or refusal of

a settlement is not a basis for an investigation. Pursuant to your request we have

noted the file with a “Cease and Desist” and have moved the file forward to suit.

[The consumers] can expect the delivery of a Summons and Complaint by way of

sheriff or process server. Thereafter we will proceed with typical legal

garnishment proceedings.

lt is unfortunate that [consumers] have elected to avoid an amicable resolution

satisfactory to the parties; however, your exacerbation of the situation was

probably not helpful. Thank you for your attention to this matter.

Edited October 27, 2012 by racecar

[Beergoggles]

It would also benefit your father to be here asking the questions so he grasps the info completely. No worries about lost in translation that way. You cannot stand up for him in court.

Start here

http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html

Edited October 27, 2012 by Beergoggles

[Ulrigh]

Thank You, Post has been edited to meet standards.