Assett Acceptance lawsuit
Date: Fri, 09/03/2010 - 14:22
Hi! I have been sued by Asset Acceptance for a debt that I owed to American Express about 5 years ago. Asset Acceptance bought this debt from American Express and had sent me collection letters during the past 3 years including threatening phone calls. Two weeks ago Asset Acceptance has filed a Request for Entry of Default. I wasn???t sure what this was until I found out that this company has filed the lawsuit in May 2010. Unfortunately, I never received the summon letter. The Proof of Service that this company filed indicates that I was served ???by substituted service??? and that someone who lives in my house received the document. I NEVER RECEIVED ANYTHING. I asked the other adults living in my house but they don???t recall receiving anything. It is possible that one of them did but failed to give me the document and it inadvertently got thrown out.
Had I known about the lawsuit in May, I would have filed a General Denial form based on Statute of Limitation (I think it???s 4 years in California) and ???Volenti non fit injuria.???
I have been advised to file a motion for improper service. Do I have a good chance of getting this approved? If not, what other actions do I need to take to prevent Asset Acceptance from cleaning out my savings?
Had I known about the lawsuit in May, I would have filed a General Denial form based on Statute of Limitation (I think it???s 4 years in California) and ???Volenti non fit injuria.???
I have been advised to file a motion for improper service. Do I have a good chance of getting this approved? If not, what other actions do I need to take to prevent Asset Acceptance from cleaning out my savings?
If an adult was served in your household, you were served. You
If an adult was served in your household, you were served. You can try improper service but it might not fly.
