Georgia - Asset Acceptance, Credit Card Debt, SOL
Date: Mon, 04/23/2007 - 18:37
Awesome website! Hopefully someone can help? I am getting my (for lack of a better expression) "butt" kicked by Asset Acceptance.
I was served sometime back in February with a lawsuit in reference to a credit card I had when I was younger. The debt is mine, has been validated with statements, and an acceptance form that I had initially signed to obtain the card. The original Debt was with Providian (bought by WAMU).
I have already been to motion for dismissal hearing in which unfortunately was denied. My assertion was that the account in question was in fact a credit card, Open Account, and that Georgia law allowed for a 4 year SOL. Under open accounts this debt has long expired as it has been 6 years. Asset Acceptance provided "evidence" to the contrary, stating that the debt falls under the definitions of a simple contract or written contract and that a 6 year SOL applies. The judge granted a trial in light of both of us having a valid argument. Might I say she even mentioned that I would be wise to pursue my case?
They have not filed for a summary judgment! I am by no means a legal expert of any sorts. I simply had my father help me research this info and put together a defense based on what I could find in forums like this and various government websites. It seems as though under federal law, US Code, etc. I would be safe. GA Law appears to be a little less defined. I feel as though I am running into a brick wall and do not which direction to head. How do I win against Asset Acceptance? Any help or advice would be greatly appreciated!!!
Best Wishes!
TRG
You are not legally obligated to pay to the collection agency if
You are not legally obligated to pay to the collection agency if you can prove the debt is already past the SOL before they took you to the court. Things would have been different if a judgment is filed against you within the SOL period. The SOL on judgment would have lasted for 20 years on an average.
Has the court set another trial date to present your defense? I will suggest you to get some legal counsel and make your defense stronger.
My affirmative defense was that the SOL ran out after 4 years wi
My affirmative defense was that the SOL ran out after 4 years wich is true if you view the account as open ended. However the judge seemed to think that GA law referencing a written contract is applicable. My defense seems to be at this point argguing what law credit cards fall under and defeating a 6 year SOL for written contracts. They have produced a copy of the oriiginal acceptance form with my signature and 2 statements dating 12-18 and 12-28-01. The law suit was filed almost a year ago in mid April of 06. I face a trial on the 29th of the May...
Have you asked them for this contract as a part of pre-trial dis
Have you asked them for this contract as a part of pre-trial discovery? Discovery is probably the key, if used correctly, they'll see that they will lose and probably drop the case. I would demand proof of contractual obligation to them, and how it got that way. They're probably trying to get away with it by referring to the contracts on the debts which they purchased. (Which wouldn't have anything to do with you). Do you have proof that it was a credit card debt? If so I don't see how the judge could rule against you. You might want to file a counter-claim, suing them for taking a debt on which the SOL has run to court. In any case, if you win, I would sue them, and report them to the state AG and FTC.
Companies that "assume your credit card debt
Are the companies that say they will "assume" debt then deal with credit card companies to erase the debt ,scams? I have only SS income of $800 per month and CC debts of $70,000 and cannot afford to pay and cannot file bankruptcy because son's house is in my name.
Sell your son his house for (Love and Affection),$10.00 or other
Sell your son his house for (Love and Affection),$10.00 or other consideration. If you are sued by a CA and they get a judgement against you, you could lose the house, but your SS is judgement proof. Don't fall for the scams.