Any good on my battle with Asset Acceptance?
Date: Tue, 04/21/2009 - 08:30
Here is my situation, I will include as much info as i can think of right now, if you need more info just let me know. Im just looking for some good info from you guys as you seem very experienced.
Back in august i recieved a complaint and summons to respond from asset acceptance regarding a debt from citibank of 3500 dollars. I responded via certified mail asking for more information. I got the liitle green slip back showing that i had responded within thrity days. and they sent me a response of the account number, total debt, and date of last activity. I was kind of expecting a signature proving it was me, but i did not receive one.
At that point, since i was kind of naive, i thought the situation was over, and ignored it, did not hear back from them. then in march, i received a letter from them again saying that since i did not properly respond, they were going to garnish my wages. the crazy thing was they made these papers look like court documents, but when i checked with the courts, there was no such judgement to garnish my wages. so i ignored these papers, since they were obviously fake.
A week later, i got a REAL letter from the court, saying there was a default judgment against me, and they had won. I did some research and decided to file a judgment to vacate. I served the papers, and now i have a hearing tommorow.
I plan to ask for a new trial because
1. I responded within 20 days.
2. they did not prove this was my debt
3. They sent me garnishment papers designed to look like they were from the court, but were not (i think that will tick the judge off)
Im not sure if they will even show up, because the court is 2 hours away from both me and the attorney respresenting asset acceptance. This is because when they filed the complaint against me, i live 2 hours away for school. Ironically, now the lawyer live less then a mile from me. I believe the distance from the court may be an advantage to me, im not sure if asset acceptance will be willing to pay a lawyer to drive two hours for a 15 min hearing.
so, that being said, i need advice or input. I realize i may not have the most solid case, but i feel good that i am at least fighting back against this injustice.
Thank you
Wow...you're good. I think you got a pretty good case. I think
Wow...you're good. I think you got a pretty good case. I think you've already done what you should do. I got nothing to add.
Good job!
Keep us posted on how this goes. I think you're right. I can't see them paying an attorney to drive 2 hours to court.
hiya-- I dont want to burst your bubble or anything, but I wi
hiya--
I dont want to burst your bubble or anything, but I will be a bit surprised if the judge overturns the judgment against you.
I say this because you were properly served a summons and as far as what you said in your post, you didnt respond to the summons as required. The 20 days was time for you to file an answer with the court, not to send a certified DV letter to the debt collector. Once the summons is served, its really too late for a DV letter to help you. At that point, what you really needed to do was to answer the summons with the court, then file for discovery and request that the plaintiff provide solid proof of their claims. That would have been the time to ask for something with your signature on it. At that point, if they could not provide it, I would have filed motion to dismiss with prejudice because the plaintiff had not met the required burden of proof.
You might have two things going for you in this....
1--the fact that they sent you a fake "court document".
2--the fact that they dont seem to have solid proof of their claims.
Please keep us updated, and I definitely wish you the best on this!
skydivr
skydivr7673, i agree with this, and this was exactly the kind of input i was looking for. I wish i could tell the judge i did not know that i had to file a response with the court, but ignorance is not a defense in minnesota. I guess all I can do at this point is hope, and im gonna fight this till the end. thank you for all your support
did you ever receive the summons?
in order for them to obtain the default judgment there are some procedures they must comply with rule of the court.
1. they filed complaint at court.
2. the court summon you at certain date appear before judge
the summon was served by private service.
3. the first hearing date you can deny but it won't help, you
must file pleadings.
above are the first step to establish there right to obtain the DJ.
I am not sure do they ever serve you court summon?
that's fine, go to the county court web site type in the case no. and looking for your case and pull the duket , it will reveal all the event about your case.
4. go to court ask the clerk you need the copy of this case.
5. gether all the document, hearing date, and diagnostic if any wrongful by there side(any procedure need comply with law)
6. within a year you can file a motin but make sure you have legal ground and evidence to do so.
good luck