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Being sued by Asset Acceptance, Bidna & Keys

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Can someone please direct me to the "How to deal with Asset Acceptance" thread?

I filed an answer to the suit stating the debt in past the SOL. Called them to ask what they are going to do and the rep said the file will stay open and they are still waiting for documents. (I have been waiting since June). There are no documents. Is there a time limit on this?

I have been told they can drag this into court. Should I attempt to file a demurer? I am doing this on my own, I don't have money for an attorney.

How can I make this go away?




Sorry forgot to log in.
"to my understanding they need to provide you with the documents to prove the debt, even if you know is a valid debt. I don't know the SOL. "

Sub: #1 posted on Fri, 08/08/2008 - 01:00

I.ALVARADO I.ALVARADO

(Posts: 64 | Credits: 14.09)

I'm in California. The statute of limitations is 4 years. The account defaulted in 2003. I have never paid this CA anything. There is absolutely no proof unless they falsify documents (which I've heard they have done-the nerve).

I take back what I posted about the demurrer after reading the definition of "neither accepting nor denying the claim". I completely deny this.

Help anyone?

Sub: #2 posted on Fri, 08/08/2008 - 01:16

Unregistered


Since you are past the SOL you could dispute the entry with the ther major CRAs and DV and CD the collection agency at the same time. That will force the CA to validate if they want to continue to report. When they attempt to validate with garbage like a past statment only and no real proof like a signed contract dispute it again. Dispute everything including the balance and DV them again. If they affirm the debt with the 3 CRAs after the disputes then at that point they violated the FCRA and the fdcpa. You could either sue and or dispute again. Be prepared to site the SOL as a defense if they sue or counter sue.

Sub: #3 posted on Fri, 08/08/2008 - 01:54

DOLLARSandSINCE DOLLARSandSINCE
Moderators Cum Industry Expert
(Posts: 1078 | Credits: 137.97)

Thank you DollarsandSince.

I know what CRA and DV mean, but what does "CD the collection agency" mean?

Sorry, trying to get hip with the jargon in this forum.

Thanks much.

Sub: #4 posted on Fri, 08/08/2008 - 02:04

Unregistered


CD means cease and desist

Sub: #5 posted on Fri, 08/08/2008 - 07:15

lauramw71 lauramw71

(Posts: 72 | Credits: 13.83)

Sub: #6 posted on Fri, 08/08/2008 - 09:18

alias1958 alias1958

(Posts: 1230 | Credits: 79.88)

You can also do a search by typing their name into the search box at the upper right corner of the screen.

Sub: #7 posted on Fri, 08/08/2008 - 09:19

alias1958 alias1958

(Posts: 1230 | Credits: 79.88)

You will need to answer the summons regardless. If you're going to use the Affirmative Defense of SOL, then you will need to prove when the last payment was made on the account. Do you have records to back that up? Here are some sample answers. These were based on CA's RCP. PM me for more info:

Sub: #8 posted on Fri, 08/08/2008 - 16:23

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4666 | Credits: 308.23)

"to my understanding they need to provide you with the documents to prove the debt, even if you know is a valid debt. I don't know the SOL."

In the litigation context, the defendant will have to ask for the documents in discovery. That means preparing a document request in proper legal form.

Also, why would anyone want to dispute the existence of a debt that you know is valid? That????????s just lying, which is never a good idea and especially bad in court. You may have other defenses or strategies, but only a lawyer trained and experienced in debtor/creditor law????????and licensed to practice in your state????????can review your legal position and then advise you about your legal rights.

The amateur route suggested here is likely to cost you dearly in the end.

"Since you are past the SOL you could dispute the entry with the ther major CRAs and DV and CD the collection agency at the same time."

Sorry, no. The debtor has already been sued, so one way or another the matter is going to get resolved in court. If a judgment is entered for the creditor, the debtor will have a major????????indeed, a much worse????????legal problem, regardless of what letters the creditor or credit agencies receive.

Realize that California law may or may not even apply to you, depending on whether the underlying agreement contains a choice-of-law provision. Either way, some credit card agreements extend the statute of limitations, and state laws vary about how these extensions apply. IOW, you can????????t always tell just by looking at the agreement: sometimes the extensions are enforceable; sometimes not. Again, you need a trained and experienced lawyer to look into this for you.

In short, there are just no cookie-cutter answers here.

"You will need to answer the summons regardless. If you're going to use the Affirmative Defense of SOL, then you will need to prove when the last payment was made on the account. Do you have records to back that up? Here are some sample answers."

You don't answer a summons: you answer a complaint. As an attorney who has written and reviewed hundreds of answers, I assure you that filing the ungrammatical and legally insufficient text supplied here is only going to cause the debtor further trouble. You do not want to piss off the judge. (Are you aware, folks, that a plaintiff can demurrer (i.e. try to throw out) to a legally insufficient answer?) If you file papers that only delay the proceedings, you will expose yourself to further costs and possibly even sanctions. That means punishment for wasting everyone????????s time.

Your best course of action is to consult with a lawyer. Have you checked with the county bar association to see if legal aid is available? Also, some county courts have a lawyer on staff who can look over your case free of charge and help you to the right legal forms. Santa Clara County, for instance, has excellent legal self-help online. Also, head to the local law library and check out the Nolo Press offerings: they are uniformly outstanding and have the legal forms on disk. The law library will also have the legal forms you need.

You might also look for a solo practitioner in your area, perhaps a bright young one that a friend or relative might be able to recommend. Most good lawyers will give you a free consultation that can help steer you in the right direction. Perhaps you can work out some kind of contingency agreement based on the amount the lawyer saves you. The credibility, training and skill that an attorney will bring to your case will probably save you hundreds (and possibly thousands) of dollars in the end.

Finally, avoid referrals to or from any unlicensed ???????settlement company,??????? or ???????debt consolidation company.??????? Ditto referrals to a lawyer from any entity that isn????????t officially certified with the state bar to perform this function, regardless of what the referral service calls itself. Whether licensed or not, avoid any lawyer that does business with a referral service that isn????????t certified: It????????s a red flag that the lawyer doesn????????t care about ethics, and that????????s never in the client????????s best interest.

Best of luck to you.

Sub: #9 posted on Sat, 08/16/2008 - 01:16

Unregistered


How can an agreement override state law? I was always told that you cannot agree to violate the law.

If California law states the SOL is 4 years, how can anything short of a court order override that?

Federal Law states that a debtor must be sued in the jurisdiction of the debtor's residence or the place the contract was executed.

How can an agreement change federal law?

Sub: #10 posted on Sat, 08/16/2008 - 08:06

Unregistered


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