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Asset has filed civil complaint against me. HELP!


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1. Who is the named plaintiff in the suit?   Asset Acceptance, LLC.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Fulton Friedman & Gullace, LLP

3. How much are you being sued for? over $3,000

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

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

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

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Don't think I've ever spoken to them on phone or sent anything to them by mail

9. What state and county do you live in? Pennsylvania, Venango Co.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They claim last payment was in October 2009

11. What is the SOL on the debt? To find out: pretty sure it's 4 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Received certified letter, called magistrate's office to notify them of intent to defend, received confirmation of intent to defend with new hearing date

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). see #12. Hearing date April 12

 

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? No interrogatory received (yet), just civil complaint



16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  the civil complaint has a small area where the following is typed: Plaintiff is the owner of a certain Dell/CIT online bank account bearing acct #xxxxxxxxxxxx. As a result of the assignment, plaintiff now holds all rights, title, and interest in and to the account. upon information & belief, the defendant entered into a credit agreement with Dell/CIT online bank, used or authorized the use of the account to obtain loans for the purpose of obtaining goods and/or services and/or cash advances. Defendant breached the agreement by not paying the amounts due and owing on the account, Based upon review of records kept on behalf of plaintiff, the last payment posted to the account on October xx, 2009. The account shows that the defendant owes a balance of $2,xxxx.xx plus interest which has accrued from the date of assignment at a rate of 6% per year in the amount of $1xx.xx. I, J.G., verify that the facts set forth in this complaint are true and correct to the best of my knowledge, information, and belief.  (then it has "this statement is made subject to penalties related to unsworn falsification...") and the signature of J.G. (they did not send copies of anything)

 

 

As I said above, I have not spoken to AA or mailed them anything. Also, as mentioned above, I did call the magistrate and tell them I would be attending the hearing (intent to defend). I got my copy of the notice of intent to defend in the mail today. I have not hired an attorney. I have been reading many forums on this site as well as others. I have read about demanding validation and making them prove their standing. However, I am totally lost. I don't really understand what to do at this point. I only have a couple weeks until the hearing. Please help point me in the right direction.

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Magistrate court in PA. is small claims court up to 12k. Some judges are familiar with chains of assignment others are not. Its basic court where the attorney presents his case and then your turn to present .

 

Depending how close the attorney is located they send in a shill attorney usually with no info beforehand. When it is your turn object to any assignment or affidavit presented. Depending on the judge its 50/50 on who wins. The good part you can pay $200 , kick it to common pleas court where they have to refile an answer and you start all over again with a clean slate.

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