Sent a summons, being sued by asset acceptance

SOL in PA is 4 years from date of last payment. Based on the dates you've posted, it looks like the account went delinquent in 12/02 and was brought current again, then went past due again in 07/03 and brought current again in 05/04. Then it went delinquent again 12/04. If your last payment was 12/02 then you should see 30, 60, 90, 120, 150 and at 180 a charge off. Who is reporting? HSBC or AACC or both? Call the CRA's and ask for the date of first default as reported by the data furnisher. Also ask for the date of last payment if it is not showing on your reports.

What else came with the summons? The complaint? A questionaire? Request for admissions or production of documents? An Affadavit? Does the summons give you a time limit to respond? Make sure you file a response w/in the allotted time or they will be granted a default judgement.

Here is the rest of it. And I thank you for your time.

30 days as of Dec 2004, apr 2004, Feb 2004, Dec 2003, Aug 2003, Jan 2003
60 days as of Jan 05, May 2004, Feb 2003
90 days as of Feb 2005, Jun 2004, Mar 2003
120 Days as of Mar 2005, Jul 2004, Apr 2003
150 days as of Apr 2005, Aug 2004, May 2003
180 Days as of May 2005 to Sep 2005, Oct 2004, Sep 2004
Collection as of Nov 2005 to Mar 2006
Charge off as of Dec 2006 to Jun 2007, Apr 2006 to Oct 2006

Purchased by another lender

It came with a note from the Magistrate to respond if I will attend the hearing. And the paper that the Lawyer sent to the Magistrate. The paper says it has been in default since Oct 27, 2004 which I know I did not pay on since Dec 2002. It also says at the bottom if i intend to defend I should notify his office which I don't believe I need to do.

File your anser with the court and the plaintiffs attornet. Can you prove that your last payment was in 12/02? If you raise SOL as an affirmative defense then the burden of proof is on you. What else came with the summons? Can you provide the counts outlined in the complaint?

The amount of $3,236.65 ia due and owed for credit granted by HSBC Consumer Lending(US where the balance is in default since Oct 27, 2004. This account has been assigned for collection by asset acceptance llc and ASSET ACCEPTANCE LLC is entitled to all rights, assignments and judgements. The Plaintiff respectfully requests that this court grant judgement in favor of the Plaintiff and against the defendent in the amount of $3,236.65 plus court fees and reasonable attorneys fees.

I would start researching PA's Rules of Civil Procedure. Your answers will need to comply with the rules of your state. Here is a sample of some answers just make sure they are in the proper format:

Also, again....did anything else come with the summons and can you prove the DOLP was 12/02?

Nothing else came with it. I will have to call the CRA on Monday to get the last payment. I believe that's the only way.

They make it seem as tho they are collecting for HSBC but on my CR is says that HSBC has sold it to another lender. So I assume HSBC has nothing to do with it anymore.

IS HSBC listed as the Plaintiff? If AACC owns it, HSBC is completely out of the picture. The suit as filed should be thrown out by the judge.

AACC is the only Plaintiff listed.

Thanks for your excellent advise. I owe you one.

Just make sure you fight this tooth and nail. It would be easier if you could get concrete proof of your DOLP in the form of cancelled checks or bank statements. Make sure you read up on the RCP and I would start drafting your own set of Discovery questions and interrogatories to fire back at them.

I am a Pennsylvania licensed attorney. PA's Rules of Civil Procedure are different than other state's concerning responding to a complaint. If you do not respond as the rules require, you could be setting yourself up for having a motion for summary judgment filed against you. However, you said the word "magistrate"? Does this mean you were sued in District Court? If so, all you have to do is show up on the noted court date. If you were sued in the Court of Common Pleas, then you do need to file a written answer.

The Statute of Limitations in PA for any contract action if 4 years. 20 years if it is a document under seal.

Furthermore, if the plaintiff is claiming that they purchased or were assigned the debt, MAKE THEM PROVE IT. A lot of debt buyers can't prove that they purchased or were assigned the debt - hence, they are not a party in interest and can't sue on the underlying debt.

Well I beat them this morning! They had no documentation whatsoever. They still have 30 days to appeal so I guess I wait and see. Thanks for the advice and I'll post if they appeal.

Thanks again

Excellent!

My mom lost a judgement case in a magistrate court last year, because she was under the same assumption. The summons she received was worded in a VERY tricky manner, and it sounded like she only had to show up for the court date. When she did, the magistrate issued a default judgement against her for not notifying the court within so many days, of whether or not she intended to enter a defense. SO, if any of you in Pennsylvania are sent a notice from ANY court and you plan to fight it, here's what you do. Go to the court immediately after you receive your notice, and get it in writing that the court understands that you intend to fight this matter. Don't just call, go to the court in person and get it in writing. I can't stress that enough.Get it in writing that the court understands you intend to fight the case. Don't just accept it at face value when the receptionist says that a verbal confirmation is enough, because YOU are the only that verbal confirmation doesn't protect. The court gets paid either way, but they are more likely to stack the deck in favor of the collection agencies, so they will keep entering cases through that court, bringing in more money for THAT court. And a default judgement is definitely in favor of the collection agency, so make sure you protect yourself by getting all communications with the court on paper. That way, if the magistrate says that you didn't notify the court in a timely manner, you don't have to worry about a "sick" receptionist who isn't there on your court date to confirm that, yes you called and confirmed your date with the intent of fighting the case.. Beyond that, if for some reason the judgement still comes down against you, by having your communications with the court in writing, you have a better have chance of making a successful appeal. For some reason, no matter what you are fighting in a magistrate's court, the judgement is 99% of the time going to be against you, and you will have to apeal to a higher court, so the more stuff you have on paper, the better your chances are of coming out on top in the end.:sun: