Joseph2883 Posted November 12, 2012 Report Share Posted November 12, 2012 I am being sued by Asset Acceptance in Nebraska for around 2k. The SOL in my state is 4 years and my last payment made was supposedly in May of 2009, which I found weird because the account closed in october of 2008 and it is supposed to come off of my credit report in september of 2015. Anyways I am wondering what my first step should be, I know I don't want to just pay them the 2k and I'd like to at least settle. How do I fight it? What should I file? Any help you guys can give me would be great. Link to comment Share on other sites More sharing options...
Amerikaner83 Posted November 12, 2012 Report Share Posted November 12, 2012 If you're actually being sued, you should respond to the Summons from the Court, first and foremost.If SOL is four years, and you last paid in October 2008, then the SOL would pretty much be right now...depending on when your state determines SOL (last payment, or first delinquency). They may have gotten it in under the wire.Answer the "so they're suing me" questions, then post back, ok? Link to comment Share on other sites More sharing options...
racecar Posted November 12, 2012 Report Share Posted November 12, 2012 (edited) Did you have an Asset Acceptance credit card?I didn't think so,why would you pay them.They bought your charged off account for pennies on the dollar.You will need to answer the complaint otherwise they will get a default judgement against you. If you need help post your complaint leave out personal information.1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) 6. How were you served? (Mail, In person, Notice on door) 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? 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). 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 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. 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? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Edited November 12, 2012 by racecar Link to comment Share on other sites More sharing options...
Public Enemy Posted November 12, 2012 Report Share Posted November 12, 2012 Do you still have any of the credit card statements or bank records that show for sure when the last payment was made?You can also get a free copy of your credit report, once per year, at AnnualCreditReport.com and see what it shows for the last payment.I would not trust Asset to have the date correct. Link to comment Share on other sites More sharing options...
BV80 Posted November 12, 2012 Report Share Posted November 12, 2012 Check your bank records to find out the exact date of last payment.The date an entry falls off you CR is based upon the date of first delinquency. Sometimes that date and the date of last payment are not the same.The reason is because the last payment may have been too small to bring the account current. The date of first delinquency is based upon a missed payment during which the account was current.Let's say your first missed payment was July/2008. That would be the date of first delinquency. The cc company notifies you that the account is considered in default. Up until now, your minimum payment was $50.00. However, because you missed a payment and due to interest and late charges, the minimum amount required to bring the account current is now $100.00. You continue to miss payments. Finally, in Feb./2009, you decide to make a payment of $100.00. By Feb./2009, the minimum required to bring the account current is now $600.00. Needless to say, your $100.00 payment doesn't do the job. The account is still not current.As a result, the date of first delinquency (July/2008) will not change because your payment didn't bring the account current. The entry will still fall off around the end of 2015. BUT, the date of your last payment keeps the account within the SOL for collection via a lawsuit.Did that make sense? Link to comment Share on other sites More sharing options...
ladyhunter Posted November 13, 2012 Report Share Posted November 13, 2012 Yes, you definitely need to determine your last payment date. Do not rely on anything AA says, or even your CR for that matter.Who is the OC? Does Nebraska have a borrowing statute? If the state allows it, if the OC goes by the law of another state, (i.e., Delaware) with a lower SOL, you can use that one as a defense. Link to comment Share on other sites More sharing options...
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