erikrosy

Minnesota Summons vs Assest Acceptance

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Think I posted this in the wrong forum originally, sorry! 

 

So I have spent literally 40 hours + reading all the amazing information on this web form (and a couple others) and decided that I am going to start a thread for those of us in Minnesota (pocket docket cluster F) and my experience in particular with Asset Acceptance as well as to ask the community for some help.

 

Cliffs: 

Old CC that was paid off, they never closed the account after paid in full

Didn't catch til almost $1,800 in fees/non-payment penalties etc racked up

Fought with Wells offered to pay debt less interest/fees *($900) - denied

Sold, sold, sold til it hit Asset Acceptance ( do not recall how many CA's actually owned the debt prior, this is my MRS CC)

Summons asking for 7k in debt, plus 2k in legal fees

 

I currently wrote my answer and kept it very simple as I read a lot of people on here get carried away with crazy affirmative defenses and stances that I do not feel the need to prove and end up sticking their own foot up their backside in front of a judge. So basically denied everything in my ANSWER and stated not enough evidence to answer therefore Denied etc (obviously admit name and address etc).

 

 

So my first question before I have her go to the notary, do I need to add at the end of my denials 'strict proof needed' or some verbiage of the sorts? I feel I do not as my denial is saying just that without actually saying that correct?!?! I should ask for the proof during discovery (even if it gets to that point)

 

Again thanks to all you out there (coltfan,BV70, Racecar etc) as I have ready hundreds of your guys' forum postings!   ::USA::   ::USA::   ::USA::  

 

 

Thanks,
Erikrosey

 

 

p.s. I was served 10/12/13 and have 20 days to respond (don't worry, I will respond in time). I am starting this as more of a how-to/get help along the way from you kind folks! 

 

 

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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.) Merril and Kramer

3. How much are you being sued for? 9k

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

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) In person

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

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? They called my GF 

9. What state and county do you live in? Hennepin, Minnesota 

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

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  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). Served, answer not yet served

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. CC agreement off the internet

 

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@erikrosy

 

I'm deleting your other thread which is identical to this one.  We want to be sure to keep all responses in this one thread.

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@erikrosy

 

 

I currently wrote my answer and kept it very simple as I read a lot of people on here get carried away with crazy affirmative defenses and stances that I do not feel the need to prove and end up sticking their own foot up their backside in front of a judge. So basically denied everything in my ANSWER and stated not enough evidence to answer therefore Denied etc (obviously admit name and address etc).

 

I might include "Lack of standing to sue" as an affirmative defense.  

 

So my first question before I have her go to the notary, do I need to add at the end of my denials 'strict proof needed' or some verbiage of the sorts? I feel I do not as my denial is saying just that without actually saying that correct?!?! I should ask for the proof during discovery (even if it gets to that point)

 

Unless your rules say that "strict proof required" should be included, I don't believe it's necessary.  

 

Go ahead and start studying your discovery rules.  Find out if you're allowed to conduct discovery without permission from the court,  if the requests are limited in number, etc.

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@erikrosy

 

 

 

I might include "Lack of standing to sue" as an affirmative defense.  

 

 

Unless your rules say that "strict proof required" should be included, I don't believe it's necessary.  

 

Go ahead and start studying your discovery rules.  Find out if you're allowed to conduct discovery without permission from the court,  if the requests are limited in number, etc.

 

 

THANK YOU!!! As I was driving home I thought to myself how dumb of it for me not to include at least Lack of Standing in my Affirmative Defenses as that is what I am gonna hammer them on during discovery (chain of custody, account from zero etc). MN allows up to 50 discovery requests, but I will have to read more on the civil procedure if I have to wait for them to file a court case. I will keep ya posted! 

from what I have heard Asset as of late has not been pursing those who answer the summons right away (they don't wanna pay the $330 filing fee) that is less than 10k and will more than likely drop the case for the time being of course leaving it open to bring about again at a later date I assume. I play devils advocate so I am preparing as they are gonna throw the house at me! 

I hate pocket docket since there real is no real deterrent from the JDB to summons anyone for any reason. @BV80

 

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