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Recieved a "Request for Dismissal" for a case we've never heard of.


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Today we received a letter in the mail from "Fulton, Friedman and Gullace LLP". In it there is a 2 page document that says "Request for Dismissal" at the bottom and at the top names Asset Acceptance, LLC as plaintiff and my husband as defendant. There is a case number for the LA court, which I looked up and found that there indeed was a lawsuit on record there.

But we haven't lived in LA in 3 years. And have never received any correspondence from Asset Acceptance regarding this debt. Ever. Never an offer to settle. Nothing.

Also included was a document that says "proof of service" at the top and is dated mid-May. It was sent to a VERY OLD address of my husband's (Over 10 years and 3 residences ago). There's a return to sender on it so I guess it got sent back.

So, what I'm wondering is what, if anything we're supposed to do. The document has all kinds on signature lines none of which are clearly marked that my husband is supposed to sign them. There is no letter from these attorneys explaining WTF this all means. Also, in the case history that I looked up in the LA court there are things like "summons filed" and "Proof of service" dating back a few months ago...but we've never received anything before. I'm wondering if they had this dismissed upon finding out we lived in another state, with the intention to file a suit here.

We think this is for a debt on an account that opened in 2006 when living in CA. I always get different answers on when the SOL clock starts. Is it the date of non payment? Does it start when the bad debt gets sold to these asset acceptance people? Does it matter where we lived when he opened the card or where we live now, or where the company is incorporated?

Please help me understand what I should do next. Thanks!

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I would be very careful on how you proceed on this. FF&G, LLC may be fishing and sending you phony documents or trying to restart/re-age the statute of limitations process. You will want to confirm that this request for dismissal has actually been filed with the presiding California Court. You shouldn't have to sign anything. If it's been filed with the Court then a judge will sign an order and the Court should send you a copy of the order for judgment of dismissal.  The statute of limitations in California is 4 years and in Washington State 6 years. Most states Rules of Civil Procedure initiate the SOL beginning date from the last payment date shown on record which you can obtain by purchasing a credit report from any of the three credit reporting agencies. SOL wise you appear out in California and still within in Washington thus the caution. I wouldn't even let them know you don't live in California and are just residing at a different address. 

 

It will be interesting to see what the California guys say on this. 

 

HP

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Well, according the case record I found at the LA court, there was a "Dismissal without prejudice-entire action, filed and entered" in May.
 

Nothing ever came from the courts, only this surprise set of documents from this law group. We know the last payment date and its more than four years but less than six. I wouldn't let them know anything about where we live, we have never corresponded with them. I don't know how they got the new address but its probably not too hard to find that we have moved.

I'm wondering if they are just going to sue us here or if they will kick it back to AA to at least attempt to collect now that they know our current address.

 

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