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I am being sued by Asset Acceptance for a very old Chase credit card debt. It's been at least 10 years since I defaulted on this card, and it's well past the SOL cut off. The only problem is I don't have any proof of the date of last activity, and I believe the burden of proof is on me to show it is time barred. If I claim SOL as a defense, would AA need to show there was some activity on this account within the SOL?

The only "proof" they have provided that this debt is mine is some in house "affidavit" that I owe the debt. No paperwork, contract, account history. This affidavit seems like BS. I doubt she will show up in court to explain how she is certain I owe this debt when AA has produced no paperwork. Seems like unacceptable hearsay.

Should I just forget the SOL defense and simply claim that I have not done business with AA and don't believe I owe this debt as a defense?

it is up to asset acceptance to prove anything.what state are
you in?still 10yrs, i would think the SOL is past and it is up to them to produce proof otherwise.

Sub: #1 posted on Wed, 07/30/2008 - 00:37

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15511 | Credits: 1357.03)

What state do you live in? Do you have any old credit reports that show the old tradeline? SOL is measured from the date of last payment and it is up to the consumer to prove that the debt is out of statute if raised as an affirmative defense You can also challenge the affadavit if it comes to court. Unless the person who swore it out is there to be examined, it is inadmissable. What else came with the summons and affadavit?

Sub: #2 posted on Wed, 07/30/2008 - 01:24

Moderators Cum Industry Expert
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nascar's right,if it is your defense you have to prove SOL.
sorry. :oops: :oops:

Sub: #3 posted on Wed, 07/30/2008 - 01:27

paulmergel paulmergel
Moderators Cum Industry Expert
(Posts: 15511 | Credits: 1357.03)

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