Wed, 07/30/2008 00:27
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?