Asset acceptance lawsuit and summary judgement
Date: Sat, 09/13/2008 - 12:18
I have been served with a lawsuit by asset acceptance for an old HSBC account. I filed an answer with the court also requesting discovery of all relevant documents including original contract, items bought as well as detailing principal interest.
Both before and after the lawsuit being served we have been working with a credit repair firm who was disputing our debt. They informed us after I sent the answer and the case was set for trial that the original debt had been deleted from both of our equifax credit reports (joint account but only I am being sued)
I filed motion for summary judgement this week for dismissal with prejudice indicating that the account could not be verified by the original creditor and thus asset acceptance had no legal standing. I attached copies of both credit reports showing the deletion.
There is an ex parte motion hearing scheduled for October 2nd. The only reason I know this is by looking at online court records. I am guessing that I don't have to show up or do I????
Also how successful do you think my motion will be.
Thanks and I love these forums.
Both before and after the lawsuit being served we have been working with a credit repair firm who was disputing our debt. They informed us after I sent the answer and the case was set for trial that the original debt had been deleted from both of our equifax credit reports (joint account but only I am being sued)
I filed motion for summary judgement this week for dismissal with prejudice indicating that the account could not be verified by the original creditor and thus asset acceptance had no legal standing. I attached copies of both credit reports showing the deletion.
There is an ex parte motion hearing scheduled for October 2nd. The only reason I know this is by looking at online court records. I am guessing that I don't have to show up or do I????
Also how successful do you think my motion will be.
Thanks and I love these forums.
ALL WAYS SHOW UP IN COURT unless you receive a document directly
ALL WAYS SHOW UP IN COURT unless you receive a document directly from the court stating that the case has been dismissed or the date is changed. Do not take the word of their lawyer or anyone that calls you.
