Asset Acceptance LLC Civil lawsuit
Date: Tue, 01/22/2013 - 20:00
Asset Acceptance LLC basically does not have anything in written agreement form and stated that the written agreement was lost according to the small claims (civil lawsuit) filed since August 2012. No responsive pleading was filed by defendant and an entry of default was filed as of 12/26/12 by plaintiff. Therefore, the Jan. 28, 2013 court hearing was vacated further to July 2013. Defendant went to the local Pasadena Court on Jan. 16, 2013 and was told that a defendant doesn’t have to appear and only the plaintiff will need to appear in court.
Phone conversations with the attorney/collections offices were noted that a Chapter 7 Bankruptcy filing in pro per would be pending until such time filing is done. Basically, to sum it up and the fact those 2 years of the statute of limitations (SOL) had already passed from the last payment of 6/1/2009 to 6/1/2011. By August 2012 lawsuit filed by plaintiff on behalf of Asset Acceptance. And somehow, the company (Asset Acceptance LLC hired an attorney: Fulton, Friedman & Gullace) to proceed with the collections (civil case) demanding a 10% / year interest plus daily damages demanded at a rate of $1.05 (*Personal Injury or wrongful death actions: Code Civ. Proc., 425.11). Again, the SOL passed and this lawsuit seems a bit frivolous and fraudulent because plaintiff does not have anything in written agreement.
I would need to consult with an attorney and hurry up with my Bankruptcy filing.
HELP!!!!
Phone conversations with the attorney/collections offices were noted that a Chapter 7 Bankruptcy filing in pro per would be pending until such time filing is done. Basically, to sum it up and the fact those 2 years of the statute of limitations (SOL) had already passed from the last payment of 6/1/2009 to 6/1/2011. By August 2012 lawsuit filed by plaintiff on behalf of Asset Acceptance. And somehow, the company (Asset Acceptance LLC hired an attorney: Fulton, Friedman & Gullace) to proceed with the collections (civil case) demanding a 10% / year interest plus daily damages demanded at a rate of $1.05 (*Personal Injury or wrongful death actions: Code Civ. Proc., 425.11). Again, the SOL passed and this lawsuit seems a bit frivolous and fraudulent because plaintiff does not have anything in written agreement.
I would need to consult with an attorney and hurry up with my Bankruptcy filing.
HELP!!!!
No responsive pleading was
No responsive pleading was filed by defendant and an entry of default was filed as of 12/26/12 by plaintiff.
SOL in california is 4 years, not 2. And it sounds like you did not respond to the summons. You would have had to ask for proof of the debt in the discovery phase IN WRITING. Sounds like you dropped the ball.
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