Asset Acceptance- suing on something past SOL

As far as my knowledge is concerned, you will have to reply to the court papers sent to you by Asset Acceptance and let them know that the last payment was made in 2003 and the debt is passed SOL now. You should ask them to not contact you any further regarding this debt. In case, they continue contacting you, then you will have to take legal help.

Hi!
Welcome to the forums!
I agree with Anna. You have to give an answer to the court papers and appear in the court or the judgment may go against you. Explain the entire situation to the judge. Don't forget to carry all the relevant documents and papers with you. The SOL period in your state is 4 years. So, the debt is well past the SOL period. By law, they can't sue you. But are you sure you have not made any payment in 2007? If you have made any new agreement with Asset Acceptance (in 2007), then the SOL period has started again. In that case, they can sue you for non-payment of debt.

You can ask them to send you a debt validation letter. Still, I think it is better to know the opinion of an experienced lawyer regarding this matter.

Check out the following url to know more about debt validation
http://www.debtconsolidationcare.com/validation.html

The courts are now involved....they probably wont respond to a DV. You will need to respond the court following civil procedure for your county. Make them prove the 2007 payment.

I need to call the County court house today to see if papers are legit. I did not sign any papers when they were given to me a man said I think it's in regards to a credit card. It gives me an opputunity to contact a credit counselor to review my finances and come to an agreement with the the lender before the lawsuit proceeds forward. They gave me a phone number for a local lawyer referral service (which the phone number is incorrect- has wrong area code- the area code in the area changed almost 10 years ago).

The sad thing is I recongize the credit counselors number- which always occured shortly before or after a call from AACC. The sad thing is that if I would of known that I could of contacted these people before to let them know that the SOL aplies to this- I could of avoided this all.

I am thinking of possibly contacting AACC and letting them know I am sending a letter of verification, I know I did not make any payment arrangements or paid on it (since the the last payment made was November 2003- why in the world would I make a payment November 2007 when I know that in a few days they could not rightfully sue me for the money!). I am also thinking of contacting their lawyers (after I recieve verification from the local court house!) and letting them know I am sending a verification letter since I know it's past the SOL ( I need to find my bank statements since I refuse to use money orders- that is the only thing I use!). Do you think this is a bad idea- cause don't they have to prove (or at least provide evidence) that I did make that payment (and I know at the time- with what was going on that year, I did not make a payment!).?

Thanks everyone!

Since they've already sued you, you're going to have to answer to those court documents in the time specified. You can ask for your verification during the discovery process. You must show up in court if a court date has been set. Don't call anyone they recommend. Check to see if there is free legal aid available in your area.

I have called the court and they said that it is legitimate case number (I did not ask if there was a date set). I asked the lady what to do, they have incorrect information on it and I have not made payment on it since 2003. She told me to write a handwritten response to the case and send it to them, it must be signed in blue ink.

I called the number given and spoke to the lady who is supposed to handle the financial aspects. She said with all of the foreclosures going on when a credit company or bank foreclosure happens the Courts want to see if any resolution can happen (which I believe since they are located in the assistance office in out county). I have made an appointment with her and I will write a letter to the courts.

Any advice on what to write to the Court in response?

I've sent a PM to skydivr for you. Hopefully he can answer for you soon. ~OG

hiya--

I only have a quick minute, but I will have more time a bit later on tonight. I will tell you this right off the bat--you need to ignore most of the advice you have gotten in this thread. You NEVER ignore the situation when you get papers that say you are being sued. You also do not EVER send them a cease and desist--that is ridiculous advice right there.

What you need to do with a company like Asset is force them to prove their claims. If they cannot, then the case will be dismissed. I will get more into this when I get back later.....dont panic!

Jon

OK, first thing you need to do is research PA's rules of civil procedure. These are the laws that dictate what you must do and how you must do it, in this court case.

Generally, you will file your answer, and you must send a copy certified mail to the plaintiffs attorney. Did the paperwork that you received include any kind of a complaint, where they listed out some points that they are claiming? If so, I can help you answer each point one by one. Please feel free to register on this web forum---it is free and you can sign up without going through the debt counseling if you choose not to go through that. Or, you can email this info to me--I would recommend that you do not post it in the thread as companies like Asset tend to review these forums. My email is the same as my screen name here, at yahoo dot com.

SOL is important, but it is the last card we will use. Before that, we will force them to either prove that you owe the debt, that they legally have the right to collect on it, and that the amount they claim you owe is legitimate.. Usually, companies like this do not have the proof that they need to win their case--the only way they win is because the people who get sued either dont show up in court or dont know their rights under the law. Drop me an email and we will get this ball rolling.