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?

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"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. "

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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?

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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.

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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.

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CD means cease and desist

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Here are some threads about Asset Acceptance:

http://www.debtconsolidationcare.com...about3349.html

http://www.debtconsolidationcare.com...llc/index.html

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

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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:

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"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.

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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?

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Perhaps this is frustrating, and I don't mean to condescend, but these aren't the right questions. In particular, the statute has absolutely nothing at all to do with federal law governing jurisdiction. Furthermore I was speaking of "choice of law" rather than jurisdiction, which might sound similar but are actually often entirely separate legal issues.

If it makes you feel any better, frankly much of American law simply doesn't make sense. It's confusing and must be memorized and constantly relearned as the law changes. That's why this country has so many lawyers. (And it's also why the cookie cutter approach often seen in online forums makes such...lousy cookies.)

BTW, if you must know the proper question, it's this: how can parties to a written contract legally agree to a longer statute of limitations? One answer: waiver. In effect, the debtor may promise in writing not to assert the statute as a defense, and that additional promise may be enforceable. Complicating matters, some states limit the ability of the parties to make such a promise. This is just one of many reasons you need to study the contract in light of all the applicable statutes and case law authorities, state and federal. Thought experiments or "reasoning it out" or just plain BS won't do.

IOW, if you want to know your legal rights, and if you want to be able to assert them confidently to a judge in his or her own language, you need to see a lawyer. You won't (and can't) find anything but a very general answer online, and in many instances even the general answer is simply wrong.

This may or may not be what you wish, but in any event it's the truth.

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What about it DOLLARSandSINCE and nascardevil, you guys are the experts. Is CalLawyer right about this?

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CalLawyer has made several valid points. My post above with responses to complaints was never meant to be legal advice, only a roadmap. Always check that your responses adhere to the Rules of Civil Procedure for the jurisdiction that is governing the proceeding. He is also correct on the statute of limitations issue. It can vary from state to state but in Texas, only a written statement from the consumer can reset the SOL once it has expired. From personal experience, I have gone Pro Se twice and have had both dismissed, 1 with and 1 w/o prejudice, so I beleive that anyone can represent themselves against a JDB. It takes a lot of research and time to do. If you do not feel it is something you can handle then try to find a NACA attorney in your area. Personally, I would fight them myself.

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Nascar, I'm sorry but it's disingenuous to say that you were only suggesting a road map: You told the debtor what to do and gave her a form. You're not licensed to choose forms or give out legal advice, but that's not even my issue.

The real problem here is that you (and many others) give advice and forms that totally miss the mark. And that can only cause grief.

Unfortunately, I could point out hundreds of examples here, but this Saturday night is too beautiful and I'm gonna go grab a beer. So I'll leave it at this:

Folks, if you can't pay a debt as agreed, that's a legal problem. Find yourself a lawyer with training and experience in debtor-creditor law. Most offer free consultations. Check the attorney's license and references (the BBB is worthless), and make sure you know what it'll cost. If you do this, I think you'll see it's not only cheaper than this crazy debt settlement industry, but you'll receive far more professional advice and representation.

If you just can't bring yourself to hire a lawyer for whatever reason, head to your public library and read the excellent materials published by Nolo press.

Good luck to you all.

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I have to respectfully disagree. I am far far from a lawyer, yet I was able to handle a situation just fine and did it all on my own, taking a CA to court and winning. I think the main point here is that this CA may not be able to provide a signed contract. I do agree that a signed contract would pretty much have the consumer by the..er..jewels depending upon the wording, but to just simply say that no one can do it on thier own without a lawyer is just as bad as giving wrong legal advice as well.

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