Asset Acceptance suing me for charged off debt...help!

If you defaulted in 2003 and they filed suit in April of 2009 it was well over the statute.

Go to the court and get the discovery request form send it to Asset and request that they provide proof that the SOL has not expired and that they have the right to collect this debt and that you actually owe it.

They will either have the proof which means you are toast or more than likely they won't and request a dismissal.

I feel silly. I defaulted in 2006, not 2003. My bad.

Still make them prove it. The fact that they admitted in a letter they have no signed contract is golden for you! use it as an exhibit....since they can't provide documented proof that the account is yours, then you can again motion to dismiss.

Is there a chance that between now and the trial, they could find or obtain the contract or some kind of proof? Did I reveal my cards to the prosecution by mentioning it in the pre-trial hearing? I just don't want to put all my eggs in one basket thinking this is a slam dunk and then get screwed. I appreciate the input so far.

Well you don't have much to lose at this point since they have already filed. It is doubtful that if they didn't have that info and even admitted to it, that they will be able to magically produce it. They may try to use a blank one, object to it on grounds that it does not prove it is your debt. They may try to bring in an affidavit swearing you owe this debt....object to it as hearsay and demand that they produce the signer so you may question them since you highly doubt this person could possibly have firsthand knowledge of the alleged debt.

Ok. I got the Bill of Particulars in the mail today. I'll do my best to let you guys know what it looks like. The actual Bill of Particulars reads:

"COMES NOW, the Plaintiff, A$$hat, by counsel and for its Bill of Particulars against the named Defendant, "", states the following:

1. A$$hat, is the assignee of a certain account from CREDIT CARD COMPANY NAME, in the name of DEFENDANT NAME, Account Number xxxxxxxxxxxxxx, as evidenced by the Bill of Sale, attached hereto as Plaintiff's Exhibit "1".

2. The Defendant, DEFENDANT NAME, is indebted to A$$hat, in the principal balance of $xxxx.xx at an interest rate of x% from date of judgment, for the use and retention of a CREDIT CARD COMPANY NAME account. An affadavit of the Plaintiff, along with an up-to-date statement of accounts, charge statements, and terms of and conditions are attahced hereto as Plaintiff's Exhibits (2), (3), (4), and (5) respectively, for more specific reference.

3. Demand for payment has been made, but payment has not been forthcoming. WHEREFORE, the Plaintiff, A$$hat, respectfully prays for judgment against the Defendant, DEFENDANT NAME, in the total amount of $xxxx.xx interest at x% per annum from date of judgment. Plaintiff's costs of court and such other and further relief as this Court may deem fit.

Plaintiff hereby reserves the right to add to. amend and/or alter its Bill or Particulars, up to and during the trial, which is presently set for Day, Month, YEAR at Time.

Respectfully submitted,

A$$hat

Signed by d-bag lawyer."


The next page is "Exhibit A. It is the Bill of Sale from the Credit Card company to A$$hat in 2008. It is supposedly signed by an Operations Manager from the CC company, but you cannot read the signature and there is no printed name. It is also signed by someone from A$$hat. It is, of course, a photocopy.

The next page is a photocopy of an "Affidavit of Account". It's very vague. It just says that A$$hat owns the account to the best of this person's knowledge. It is signed by Doreen Baum (A$$hat rep?) and notarized.

The next page is a photocopy of a Bill from the Credit Card company. It includes the following info:
-The OC name
- The account number
- The current balance
- The next payment due date (1/5/07)
- The Past Due Amount
- The min payment amount
- My name and address
Under "Transactions", it lists a LATE FEE and an OVERLIMIT FEE.
It does not have a billing history. It does not show date of last payment. I believe they may be trying to use these FEES as date of last activity. That won't work, will it?

The Rest of the BOP's is just pages and pages of the TERMS of Agreement from the original creditor. It does not name me or my account anywhere in the terms. It does not have anything signed by me anywhere.


Ok, so that's it. I know it's a lot of info to digest, and I apologize if I gave you too much. I just didn't want to leave anything out. So...level with me? Is this good news or bad news? Am I screwed? What is my next step?

Thanks guys!!!

The credit card operations manager and Doreen Bum should be in court to testify. If they can't be, then all those photocopied documents are hearsay.

I am not an expert, but the above is what I think I know.

Oops. I meant August 27th, not 7th

In 2003, I defaulted on a credit card with Chase Bank. Earlier this year, they charged off the debt and sold it to Asset Acceptance LLC. I ignored them, never called back, never wrote back for months. In June of this year, I received paperwork from them, stating they had field suit in civil court against me. I had done a lot of research, and stumbled upon the Statute of Limitations regarding Credit Card debt. In my state of Virginia, the SOL is 3 years for CC's. Apparently, they filed suit a week or two before the SOL expired, so it looks as though that won't work for me. In the paperwork they sent me, they openly admit that the original note/contract was either "destroyed" or had been lost.

On June 25th, I showed up to the pre-trial hearing. When I approached, the judge asked me "Are you disputing that you owe this money?". I said yes. The judge proceeded to discuss when would be a good date for the trial to begin, and wasn't really going to give me a chance to speak. He seemed to be in a hurry. I respectfully interjected and said ???Your Honor, I???d like to ask that this case be dismissed.??? The Asset lawyer rolled his eyes and looked irritated, and the judged looked at me kind???ve shocked. He said ???On what grounds???? I said ???Well, I believe the Statute of Limitations may have expired on this account.??? He said ???Please explain.??? I said ???My last payment was sometime around May in 2003, and it???s now June of 2009. The Statute of Limitations in Virginia is 3 years for Open Accounts.??? The judge looked at the lawyer and asked what he had to say to that. The lawyer pulled out some paperwork and showed the judge and said that they had filed suit in April, and therefore he was under the belief that they had beat the clock. The judge told me ???The Statute of Limitations would be a valid defense, but you???d need to bring that up in the court hearing. Based on what you???ve told me, I???m not willing to dismiss the case. However, they (Asset) have to show payment records to prove that this account is, in fact, not past the Statute of Limitations (and then he smirked and said), which they MAY or MAY NOT be able to do.??? At that point I asked him to dismiss based on the grounds that I did not believe they had any evidence to prove I owed them anything. I told him that I had no business relationship with them, I had not contract with them, and I had proof, in writing from Asset that they do not own the original note or contract. He told me that that also would be a valid defense, but would be something I???d need to bring up in the actual trial, and not worthy of him dismissing.

I have until August 27th to file my defense and send it to the court and to Asset???s lawyers. I keep hoping every day that they will call or write me saying they???re dropping the case. I really figured they just thought I wouldn???t show, and would hope for a default judgment, and when they found out I was going to put up a fight, they???d back off. I can???t afford a lawyer, and don???t know what to do. I???d love any advice you guys have to give.

Thanks!

~Kevin

So, I don't know why I posted the last two posts before this one. I guess I copied and pasted the wrong thing. If an Admin sees this, please delete those two posts. ha.

At any rate, I need some help. I'm about to file 2 motions to strike, and my 1st interrogatories. I just wanted to make sure they were written correctly. Here is my 1st motion to strike:


"IN THE JUSTICE COURT OF (City Name)
County Name, STATE OF VIRGINIA

) Case Number: XXXXXXX )
Asset Acceptance LLC. )
Plaintiff, ) MOTION TO STRIKE BILL OF SALE IN SUPPORT OF ) PLAINTIFF'S CLAIM
vs )
)
Defendant Name )
Defendant, )
)
_______________________________________)
Comes now, Defendant Defendant Name and respectfully states the following:

1. Plaintiff has submitted into evidence a BILL OF SALE IN SUPPORT OF PLAINTIFF'S CLAIM (hereinafter referred to as "EXHIBIT A").

2. Bill of Sale (Exhibit A) does not reference the Defendant???s name.

3. Bill of Sale (Exhibit A) does not reference the Defendant???s account number with the Original Creditor.

3. Bill of Sale (Exhibit A) could be referencing anyone???s account, and in no way proves that it is referencing the Defendant or his account.

4. Bill of Sale (Exhibit A) does not include the printed name of the party signing on behalf of the Original Creditor. It merely shows an illegible signature which could belong to anyone.

5. Defendant further states that the Bill of Sale (Exhibit A) is vague, and does not prove that the said account was ever assigned from the Original Creditor to the Plaintiff.

WHEREFORE, the Defendant prays this Honorable Court that Plaintiff???s ???Exhibit A??? be stricken from evidence in the above action.

I state under penalty of perjury that the foregoing is true and correct.
Defendant Name.

By: _______________________________ Date:____
Defendant Name, Defendant
Address
Phone


I CERTIFY that I mailed / delivered a copy of this MOTION to:
DoucheBag Attorney
Address
Plaintiff's attorney at the above address or Defendant's attorney


By: _______________________________ Date:____
Defendant Name, Defendant"


Please correct if necessary.

Here is my 2nd Motion to Strike:

"IN THE JUSTICE COURT OF Your DISTRICT
Your County, STATE OF VIRGINIA

) Case Number: XXXXXXX )
A$$hat)
Plaintiff, ) MOTION TO STRIKE AFFIDAVIT IN SUPPORT OF ) PLAINTIFF'S CLAIM
vs )
)
Defendant Name )
Defendant, )
)
_______________________________________)
Comes now, Defendant DEFENDANT NAME and respectfully states the following:

1. Plaintiff has submitted into evidence an AFFIDAVIT IN SUPPORT OF PLAINTIFF'S CLAIM (hereinafter referred to as "Exhibit (2)").

2. Plaintiff has no evidence to support that they are the owner of said debt. The record does not disclose this information and it cannot be assumed without creating an unfair prejudice against the Defendant.

3. Said Affidavit pertains to acts and events that allegedly occurred between Defendant and a third party, Original Creditor

3. At no time was the creator of the Affidavit, or any of Plaintiffs employees present to witness any alleged acts or creation of the records of transactions occurring between Defendant and Original Creditor.

4. As such said Affidavit falls under the hearsay rule and is inadmissible as evidence.

5. Defendant further states that the Affidavit is not subject to the Hearsay Business Records Exemption because it was not made at or near the time of the alleged acts or events, and;

6. The information contained in the Affidavit is merely an accumulation of hearsay, and;

7. Upon information and belief, the creator of the document is not currently and has never been employed with Original Creditor and therefore cannot have personal knowledge of how Bank of America records were prepared and maintained, and;

8. Is unqualified to testify as to the truth of the information contained in the Affidavit.

WHEREFORE, the Defendant prays this Honorable Court that Plaintiff???s Affidavit be stricken from evidence in the above action.

I state under penalty of perjury that the foregoing is true and correct.
Defendant Name.

By: _______________________________ Date:____
Defendant Name, Defendant
Address
Phone


I CERTIFY that I mailed / delivered a copy of this MOTION to:
Plaintiff???s Attorney
Address
Plaintiff's attorney at the above address or Defendant's attorney


By: _______________________________ Date:____
Defendant Name, Defendant"

Seem ok? Make corrections if necessary please :)

And finally, here are the interrogatories I plan to serve on the plaintiff:

"STATE OF VIRGINIA
IN THE COURT OF COMMON PLEAS
COUNTY OF NEWPORT NEWS
A$$hat ) Civil Action No: XXXXXXXXX
Plaintiff, )
vs. )
Defendant Name ) FIRST INTERROGATORIES
Defendant ) TO PLAINTIFF, A$$hat

FROM: DEFENDANT Defendant Name
TO: Plaintiff: A$$hat. YOU WILL PLEASE TAKE NOTICE that pursuant to Rule 8.01-216.11 of the Virginia Rules of Civil Procedure, you are hereby required to respond fully in writing, and under oath, to the following Interrogatories, and to serve your answer to these Interrogatories upon the undersigned, within 21 days after service of the same upon you, subject to the Definition of Terms and Directions attached hereto as attachment A.
INTERROGATORIES
1) What is the true and correct name of the Plaintiff? In what state was the Plaintiff organized? When? Provide a certified copy of the Organizational documents as well as certified copies of any amendments thereto.

2) Has the corporate charter lapsed of or been revoked by the Domicile State? Provide a Certificate of Good Standing issued by the appropriate Department of the Domicile state.

3) What is the name of the company that allegedly granted the alleged credit that is the subject of this matter? Provide a copy of the application for credit that the original creditor relied on, a copy of a promissory note or other document indicating the Defendant agreed to be bound by any credit agreement, as well as a complete posting of the account showing all charges, debits, credits, returns, offsets and charge-backs from inception of the account to present date.

4) What is the name of any intermediate owners or assignees of the alleged debt? Provide a complete chain of ownership and assignment from inception to present.

5) Provide the names, residences, business addresses, titles and telephone numbers of all people the plaintiff employed directly or assigned who regularly engaged in collection activities in regards to the alleged account of the defendant.

Production of Documents Requests for the Plaintiff

6) Provide all notes, memoranda, emails, computer records in written (nonmagnetic) form and any and all other documents not protected under Attorney-Client privilege regarding the defendant's alleged account, included but not limited to contracts, charge slips and credit memos.

7) Provide any and all documents the Plaintiff intends to or may produce at trial as evidence.

8) Provide the name, address, title and telephone number of all witnesses the plaintiff may or intends to call at Trial, as well as a synopsis of their testimony and their capacity as a custodian of the matters to which they may testify.
Date:__________________________________
Defendant Name, Attorney Pro se
________________________________________________________________________
Attachment A: Definitions of Terms and Directions
DEFINITION OF TERMS
The following definitions apply to each of the Interrogatories set forth below, and are deemed to be incorporated in the Interrogatories:
A. The word person??? means all entities, including all individuals, joint owners, companies, partnerships, joint ventures, corporations, trusts and estates.
B. The word ???document(s)??? means all written, recorded or graphic matter, whether produced or reproduced or stored on papers, cards or tapes, belts, computer devices, or in the constructive possession, custody or control of you, your officers, directors, agents or employees or which are known by you to exist; and includes originals, all copies of originals, and all prior drafts, including but not limited to the following: writing, papers, correspondence, drafts, notebooks, telegrams, diaries, accounts, invoices, orders, letters, reports, notes, memoranda, manuals, drawings, diagrams, sketches, charts, dictating tapes, the notes or shorthand of secretaries or stenographers or assistants, photographs, negatives, prints, tape or disc recordings, photo records, sound recordings, movie films, doctors??? reports, descriptions, books, checks, bank account records, memos of telephone conversations, and any substance supporting or using the preparation thereof, as well as any other written material.
C. The word ???identify??? when used with respect to a person or persons means to state the names, addresses and telephone numbers of such persons or person.
D. The word ???identify??? when used with respect to a document or documents, means to describe a document or documents by date, the subject matter, name of persons who wrote, signed, initialed, dictated or otherwise participated in the creation of the same, the name of the addressee or addressees, if any, and the name and addresses of the person(s) who have custody of said documents.
E. The word ???identify???, when used with respect to an act, means to describe the substance of the event or events constituting such act and to state the date when such act occurred, the identity of each and every person or persons participating in such act; the identity of all other persons, if any, present when such act occurred; whether any minutes, notes or memoranda or other recording of such was made; whether such recording now exists; and the identity of the person or persons presently having custody or control of such recording.
F. ???The date??? means the exact day, month and year if ascertainable, or if not, the best approximation thereof.
DIRECTIONS
A. In Answering each Interrogatory:
1. Identify each writing or document relied upon in the preparation of each answer;
2. Which forms all or part of the basis for the answer, or
3. Which corroborates the answer; or
4. The substance of which forms all or part of the answer.
5. If all information furnished in answer to all or any part of an Interrogatory is not within the personal knowledge of the affiant, state the name of each person to whom all or any part of the information furnished is a matter of personal knowledge, and the name of each person who communicated to the affiant any part of the information furnished.
6. If the answer to all or any part of the Interrogatory is not presently known or available, include statement to that effect, furnish the information known as available, and respond to the entire Interrogatory by Supplemental Answer in writing under oath within ten (10) days from the date the entire answer becomes known or available.
7. These Interrogatories are deemed to continue up until the time of trial."

What do you think?

I appreciate you guys' help. I really am under the gun as my Grounds are due August 27th. I appreciate the critiques as quick as you can. :)