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Being sued by Asset Acceptance re: DFS, 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?
3. How much are you being sued for? $2000
4. Who is the original creditor? Summons shows DELL FINANCIAL SERVICS, but its actually CIT BANK.. issue?
5. How do you know you are being sued? I was served a summons.
6. How were you served? It was served by register mail.
7. Was the service legal as required by your state? Yes, they are allowed to serve by mail
8. What was your correspondence (if any) with the people suing you before you think you were being sued? I sent several DV letters, all were ignored in the past year (at least 4).
9. What state and county do you live in? West Virginia
10. When is the last time you paid on this account? 2009
11. What is the SOL on the debt? 5 years
12. What is the status of your case? Suit filed, waiting on answer from myself.
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) yes, multiple times.
14. Did you request debt validation before the suit was filed? yes, 4 times from September 2012 until feb 2013.
15. How long do you have to respond to the suit? 20 days
16. What evidence did they send with the summons? They sent a VERY GENERIC BILL OF SALE listed as EXHIBIT A. States purchase agreement between Dell Financial Services, LLC and Asset Acceptance dated June 4 2012. Doesn't have my name, or any ones name listed, just a generic document. Signed by DFS President and SVP of asset acceptance printed on a computer; even has a un-registered pdf software watermark laugh (not even a copy). Strange thing is my credit report showed MIDLAND until January/13 then changed to Asset acceptance. I don't see the bill of sale for DFS->MIDLAND.

The actual complaint states:
Comes the plaintiff, Asset Acceptance, LLC, current holder of debt originally in the name of DELL FINANCIAL SERVICES, and for its complaint states as follows:
1: Defendant(s) is/are indebted to the plaintiff for the sum of 2000 on an account plus interest at the rate of 6.00% per annum from September 26, 2012 until date of judgment, then interest accruing pursuant to WV-56-6-31( B), thereafter from the date of judgment until paid.
2: Plaintiff is correct part in Interest as in evidenced by the Chain of Title filed herin as Exhibit A.
3: The plaintiff's councel is attempting to collect a debt and any information the plaintiff's counsel obtains will be used for that purposed and this communication is from a debt collector.

WHEREFOR, plaintiff demands judgment against the defendant(s) for the sums set forth above and court costs.


questions: I'm confused a to what my answer should sate. The BILL OF SALE doesn't even have my name on it, or anything for that matter. It's also with asset acceptance, but I have collection letters from midland as well. Don't they have to produce a contract with them a well? The exhibit isn't notarized, only has 2 signatures on it. I have the option of arbitration per the original cardholder agreement I have handy here. It states I can elect JAMS or AAA and only have to pay 125$ per CIT BANK Card Holder Agreement. Is this an option I file with my answer?

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Do you actually owe the money? Do you have proof you sent VL to them without response?

I'd get a pro-bono consumer lawyer pronto to look over this. If you win, his fee comes out of your settlement.

Yes; unfortunately I do owe this money but I fell on hard times and never got it caught back up after it was charged of. As per the DV letters, I just sent them normal mail, never registered mail. Even before when I sent DV letters registered to another lender I never received any response. Im afraid in my area their isn't to many pro-bono lawyers, or attorneys for that matter that handle consumer law.

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You need to read your court's Rules of Civil Procedure for answering complaints.  In most states, you admit or deny each allegation.  If the allegations you listed are the only ones on the complaint, I'd deny each one.

 

Your answer would follow the same format as the complaint (court header, party names, case number, etc.)  and be filed with the court.  A copy would be sent to the JDB attorney.  Just study your rules.

 

After answering the complaint, begin studying your rules for the discovery process.  Here's a couple of threads to help you.  In the second thread, just replace the name "Midland" with "Asset Acceptance".

 

http://www.creditinfocenter.com/community/topic/312714-standing-when-dealing-with-jdb/

http://www.creditinfocenter.com/community/topic/313112-the-all-inclusive-ive-been-sued-or-contacted-by-midland-whats-next-andor-help-me/

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Do you actually owe the money? Do you have proof you sent VL to them without response?

I'd get a pro-bono consumer lawyer pronto to look over this. If you win, his fee comes out of your settlement.

 

If you hire an attorney to fight a debt collection lawsuit, you're not going to win a settlement.  Therefore, there is no settlement from which the attorney can take his fee.

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I am drafting an answer; can anyone give me some suggestions/comments if it looks ok.

 

ANSWER

 

 

I, <me>, as a defendant in the above case answer the allegations in the complaint by:

 

1. In response to paragraph one of Plaintiff’s complaint, Defendants deny the allegations contained therein.

 

2.Deny.  Defendant has no knowledge or information sufficient to form an opinion as to the truth and accuracy of alleged assignments or entitlements of plaintiff’s actions or business they allegedly conduct.  Exhibits “A” show nothing to confirm from alleged original creditor of this statement being true, specifically exhibits "A" show no specific account being attached to alleged Bill of Sale and Assignment and Plaintiff in no way can show they have personal knowledge of business records keeping by alleged original creditor.

 

3. Deny.  Defendant has no knowledge or information sufficient to form an opinion as to the truth and accuracy of alleged assignments or entitlements of plaintiff’s actions or business they allegedly conduct. 

 

AFFIRMATIVE DEFENSES

FURTHER, the Defendant asserts the following defenses and states:

 

4.   This court lacks jurisdiction due to Defendant electing private contractual arbitration as provided in Plaintiff's card member agreement.

 

5.   The plaintiff has not proven the debt is valid or the amount of the debt is accurate. The plaintiff must prove that the principal, interest, collection costs, and attorneys fees are all correct, agreed to in the defendant’s contract, and lawfully charged. Defendant also insists that the plaintiff come up with the contract, account statements and purchase receipts to prove the amount of the debt.

 

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

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If you have elected private contractural arbitration, then I would file a motion to compel arbitration in lieu of an answer or a motion to dismiss or in the alternate stay the proceedings while arbitration takes place. 

 

As far as your answer goes, just deny without the explanation and get rid of number five, that's not an affirmative defense.   That's the Plaintiff's burden of proof and you don't insist on anything in your answer.   You file discovery to get all that stuff.   However, if you've elected arbitration you need to play that card before you do anything that might bring you into the jurisdiction of the court by your actions.  

 

In some courts/states if you participate too much in the court process you're deemed to have submitted to the jurisdiction of the court and you have a long battle on your hands to get arbitration.  

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