Asset Acceptance LLC Suing me for debt beyond SOL - Stating a made a payment in 2001 which is a lie! Ripoff Warren Ohio
I Live in KY and am being sued by Asset for a Providian Card - DOLA According to my Credit Report is 9-2000
I have been fighting Asset Acceptance's scumbag attorney for over a year now. Months go by sometimes without hearing a word.
To date they have provided me with:
* Numerous letters demanding payment, offering settlement, etc...
* An 'affidavit' from the 'supervisor of Asset 'swearing' that I owe the debt
* Exhibit A - Bill of Sale dated 6-25-01 from Providian to Arrow and a Bill of Sale dated 8-30-04 from Arrow to Asset
* Exhibit B - A huge stack of computer printouts of general credit card agreements, this is their 'proof' that this is a written contract - though my signature is nowhere on here.
* Exhibit C - More computer printouts - Very generic looking - Looks like Asset's records - Every phone call made, what I said, etc...On the fourth page they have highlighted a 'payment' on 5-23-01 (one month prior to selling the account to Arrow...but that payment is not reflected anywhere on my credit report...Providians Date of Last Payment is 9-2000). That payment is bogus...a complete lie. I have never paid anything and this is all the 'proof' they have...these generic printouts.
* Exhibit D - One sheet of paper - Again very generic looking - That has all my personal information, employment information, and the 'details' of this account. Last pay date (they have it as 5-23-2001 which is when they say I made this mysterious payment to Arrow), Charge Off Date, Principal Balance, Interest, and Total.
So I called an attorney who was actually pretty helpful (and wanted to take the case but I can't afford him so I have no choice but to do this myself on Thursday). He said:
"What are you going to say when they ask you if you had a Providian Card #XXXXX. If you lie and say you don't know or that you didn't, you are lying under oath so what do I say to that?"
If I use the SOL defense then I am admitting that I had the card right? So if they ask me 'Did you have said card?'_ I have to say yes right? Or do I make them prove I had the card and deny it (but wouldn't that be lying under oath? So how would I answer that?)
The attorney said that in KY credit cards are written contracts. Then he said, "You signed an application didn't you? It is a written contract. If you say that you didn't sign one or you don't know, you are again lying under oath. They don't have to prove it. They can prove it just by asking you questions under oath"...
I feel like throwing up...I am totally confused! To be honest, I actually never signed anything...it was all done online...I just got the card in the mail.
I was told by someone on another board to strike their printouts as hearsay, but when do I do that...at the hearing or file a Motion now? And what do I actually say? I don't want to sound like an idiot in a court of law! Should I overnight something Monday morning? Is there anything I can do/file proactively now with only a few days before the hearing? Is it to late to file last minute motions...maybe a continuance? And...is there somewhere I can go online to see how a "motion' is drafted?
Can someone please help me??
Andrea
Leitchfield, Kentucky
U.S.A.
8 Updates & Rebuttals
Andrea
Nowhere,Kentucky,
U.S.A.
Tomorrow we go to court!
#9Author of original report
Wed, September 20, 2006
OMG I am getting so frustrated...
I spoke with an attorney today that called me back (I had called him last week and he just so happened to return the call) - This is what he said:
"I have never tried a case for a credit card where the defendant hadn't signed an application. Even if you fill out on online application, you are agreeing to the terms and that acts as a signed application. Therefore, in any case, a credit card is a written contract."
So I said...the Federal TILA section blah blah blah states that a credit card is considered an
open end contract, thus they fall under the KY statute for open contracts which has a 5 year SOL"
And he said "yes but you signed the application and even if you can't remember if you did or not, it is a known fact that you have to sign the application if you had the card"
OMG...I could not get it through his HEAD.
So, now I am worried that when I go before the judge, it will be the same. I live in a VERY small KY town and I am beginning to wonder if anyone here evens knows the law!
What would be the best way to 'state my case' to the judge so I don't look like an idiot tomorrow in court?
Thanks so much!!
Andrea
Nowhere,Kentucky,
U.S.A.
Tomorrow we go to court!
#9Author of original report
Wed, September 20, 2006
OMG I am getting so frustrated...
I spoke with an attorney today that called me back (I had called him last week and he just so happened to return the call) - This is what he said:
"I have never tried a case for a credit card where the defendant hadn't signed an application. Even if you fill out on online application, you are agreeing to the terms and that acts as a signed application. Therefore, in any case, a credit card is a written contract."
So I said...the Federal TILA section blah blah blah states that a credit card is considered an
open end contract, thus they fall under the KY statute for open contracts which has a 5 year SOL"
And he said "yes but you signed the application and even if you can't remember if you did or not, it is a known fact that you have to sign the application if you had the card"
OMG...I could not get it through his HEAD.
So, now I am worried that when I go before the judge, it will be the same. I live in a VERY small KY town and I am beginning to wonder if anyone here evens knows the law!
What would be the best way to 'state my case' to the judge so I don't look like an idiot tomorrow in court?
Thanks so much!!
Andrea
Nowhere,Kentucky,
U.S.A.
Tomorrow we go to court!
#9Author of original report
Wed, September 20, 2006
OMG I am getting so frustrated...
I spoke with an attorney today that called me back (I had called him last week and he just so happened to return the call) - This is what he said:
"I have never tried a case for a credit card where the defendant hadn't signed an application. Even if you fill out on online application, you are agreeing to the terms and that acts as a signed application. Therefore, in any case, a credit card is a written contract."
So I said...the Federal TILA section blah blah blah states that a credit card is considered an
open end contract, thus they fall under the KY statute for open contracts which has a 5 year SOL"
And he said "yes but you signed the application and even if you can't remember if you did or not, it is a known fact that you have to sign the application if you had the card"
OMG...I could not get it through his HEAD.
So, now I am worried that when I go before the judge, it will be the same. I live in a VERY small KY town and I am beginning to wonder if anyone here evens knows the law!
What would be the best way to 'state my case' to the judge so I don't look like an idiot tomorrow in court?
Thanks so much!!
Andrea
Nowhere,Kentucky,
U.S.A.
Tomorrow we go to court!
#9Author of original report
Wed, September 20, 2006
OMG I am getting so frustrated...
I spoke with an attorney today that called me back (I had called him last week and he just so happened to return the call) - This is what he said:
"I have never tried a case for a credit card where the defendant hadn't signed an application. Even if you fill out on online application, you are agreeing to the terms and that acts as a signed application. Therefore, in any case, a credit card is a written contract."
So I said...the Federal TILA section blah blah blah states that a credit card is considered an
open end contract, thus they fall under the KY statute for open contracts which has a 5 year SOL"
And he said "yes but you signed the application and even if you can't remember if you did or not, it is a known fact that you have to sign the application if you had the card"
OMG...I could not get it through his HEAD.
So, now I am worried that when I go before the judge, it will be the same. I live in a VERY small KY town and I am beginning to wonder if anyone here evens knows the law!
What would be the best way to 'state my case' to the judge so I don't look like an idiot tomorrow in court?
Thanks so much!!
Susie
Stockbridge,Georgia,
U.S.A.
Don't talk to them but DO not ignore them if they serve you with papers.
#9Consumer Comment
Mon, September 18, 2006
Asset has been busy with those Providian accounts. They must have bought a ton of them.
My knowledge of Asset:
They are junk debt buyers. They buy accounts for pennies on the dollar that out of the SOL. If you don't pay them they will serve you with papers.
Don't ignore the papers. Reply to the them with a out of the SOL defense. Better yet, send a couter suit with the SOL defense.
They will try to contact you after you submit a response offering you a settlement b/c they think you are scared of them and dont want to go to court---never talk to them.
SHOW up in court.
They will dismiss the case the day before your court date. Usually a WIHTOUT prejudice dismissal. Then they will contact you again! Do not talk to them.
Since they will reply with a W/O prejudice dismissal that means you can be served again. They will sell the account to some other junk debt buyer with the guarentee that the new company can serve you.
It's all the part of the junk debt buyers game.
Steve
Bradenton,Florida,
U.S.A.
Response to Andrea with more information..
#9Consumer Suggestion
Mon, September 18, 2006
Andrea,
I'm glad I could help.
As far as the SOL thing goes, they have not provided anything to dispute your claim. Simply state that based on your undrstanding of the SOL in your state a credit card is considered an open account, and the last activity/charge off date according to my records/recollection is xxxxxxx.
Furthermore, you can demand a copy of your agreement with and an account history from the orginal creditor. If they cannot get this, they cannot win in court. This is absolutely essential in determining SOL.
That lawyer you talked to must have been a moron, or is in bed with the creditor and/or collector. I have probably defended more of these cases than that "lawyer" has.
Also state that the lawsuit should be considered frivolous as they are not creditors and have "lost" nothing. State the fact that you requested proof of purchase of the said debt including amount paid, and they have not responded. Also state that they are attempting to use the court to guarantee return on investment, as they are investors who paid approximately 1 penny on the dollar for this old charged off debt, based on your investigation of similar portfolio purchases.
If you have been fighting them for a year, they know they do not have a case.
AND, you want to show up on all court dates, regardless of what anyone tells you. otherwise, they can get a default judgement against you, which is how they operate.
Andrea
Nowhere,Kentucky,
U.S.A.
Thanks Steve - You are an angel!
#9Author of original report
Mon, September 18, 2006
OK,
I took the day off work and have drafted my Motion to Dismiss based on SOL. Should I also file a Motion to Dismiss their exhibits as hearsay? I have read that most people wear them out with motions and they just dismiss, so I want to slam them with everything I can.
Will they ask for proof of how I am determining it is past the SOL and if so, do I have to provide it? I would say no unless otherwise ordered by the judge right? They have to prove it's NOT right?
Also, you said to demand certain things. How do I do that, how would I draft that through the court..as an answer or can I just send a letter and file it through the court?
Oh, I found out that Thursday is when they ask for a trial date and the clerk said I don't 'have' to be there, but I want to be right?
Thank you os much for you help!
Steve
Bradenton,Florida,
U.S.A.
Andrea...Here's the deal..re: SOL written contract vs. open account
#9Consumer Suggestion
Mon, September 18, 2006
Andrea,
Let me explain what that scumbag who calls himself an attorney is doing to you. And let me tell you right now DO NOT speak to ANYONE on the phone regarding this matter. DEMAND everything be in writing.
Let me first explain the way you determine what type of debt you have. A "written contract" would be like a car loan or a personal loan that has fixed terms such as a start date, end date, and fixed payment and interest. An "open" account stands for open ended, such as a credit card which has no fixed terms such as a contract end date, and the balance, payment and interest can change every month.
You DO have an OPEN account for SOL purposes. If they say you made a payment, they have to PROVE it in court with date paid, method of payment and identifying info like bank account# and/or check# etc.
You need to immediately file a MOTION to Dismiss, based on expired SOL. It makes no difference if you say you had the card or not. It is a SOL issue, nothing else.
Furthermore, you need to demand proof that they actually bought the account, INCLUDING how much they paid for it. This is most likely a penny or less on the dollar, and the original creditor is out of the picture, as they must prove you owe THEM the money.
They are NOT creditors, they are INVESTORS who knowingly and willingly bought an old charged off bad debt as an INVESTMENT and are now using the courts to enforce return on investment! Make sure you make this clear to the court.
FYI...They only sued you because somewhere along the line you took phone calls from them and gave them information they needed. NEVER speak to any debt collector on the phone! NEVER!!