Problems with Asset Acceptance

[whathedilly45]

What is the name of your state (only U.S. law)? Virginia


In 2006, I defaulted on a credit card with Chase Bank. Earlier this year, they charged off the debt and sold it to Asset Acceptance LLC. I ignored them, never called back, never wrote back for months. In June of this year, I received paperwork from them, stating they had filed suit in civil court against me. I had done a lot of research, and stumbled upon the Statute of Limitations regarding Credit Card debt. In my state of Virginia, the SOL is 3 years for CC's. Apparently, they filed suit a week or two before the SOL expired, so it looks as though that won't work for me. In the paperwork they sent me, they openly admit that the original note/contract was either "destroyed" or had been lost.

On June 25th, I showed up to the pre-trial hearing. When I approached, the judge asked me "Are you disputing that you owe this money?". I said yes. The judge proceeded to discuss when would be a good date for the trial to begin, and wasn't really going to give me a chance to speak. He seemed to be in a hurry. I respectfully interjected and said “Your Honor, I’d like to ask that this case be dismissed.” The Asset lawyer rolled his eyes and looked irritated, and the judge looked at me kind’ve shocked. He said “On what grounds?” I said “Well, I believe the Statute of Limitations may have expired on this account.” He said “Please explain.” I said “My last payment was sometime around May in 2003, and it’s now June of 2009. The Statute of Limitations in Virginia is 3 years for Open Accounts.” The judge looked at the lawyer and asked what he had to say to that. The lawyer pulled out some paperwork and showed the judge and said that they had filed suit in April, and therefore he was under the belief that they had beat the clock. The judge told me “The Statute of Limitations would be a possible defense, but you’d need to bring that up in the court hearing. Based on what you’ve told me, I’m not willing to dismiss the case. However, they (Asset) have to show payment records to prove that this account is, in fact, not past the Statute of Limitations (and then he smirked and said), which they MAY or MAY NOT be able to do.” At that point I asked him to dismiss based on the grounds that I did not believe they had any evidence to prove I owed them anything. I told him that I had no business relationship with them, I had no contract with them, and I had proof, in writing, from Asset, that they do not own the original note or contract. He told me that that also would be a valid defense, but would be something I’d need to bring up in the actual trial, and not worthy of him dismissing.

I have until August 7th to file my defense and send it to the court and to Asset’s lawyers. I keep hoping every day that they will call or write me saying they’re dropping the case. I really figured they just thought I wouldn’t show, and would hope for a default judgment, and when they found out I was going to put up a fight, they’d back off. I can’t afford a lawyer, and don’t know what to do. I’d love any advice you guys have to give.

Thanks!

~Kevin

[Zigner]

Originally Posted by whathedilly45

What is the name of your state (only U.S. law)? Virginia


In 2006, I defaulted on a credit card with Chase Bank. Earlier this year, they charged off the debt and sold it to Asset Acceptance LLC. I ignored them, never called back, never wrote back for months. In June of this year, I received paperwork from them, stating they had filed suit in civil court against me. I had done a lot of research, and stumbled upon the Statute of Limitations regarding Credit Card debt. In my state of Virginia, the SOL is 3 years for CC's. Apparently, they filed suit a week or two before the SOL expired, so it looks as though that won't work for me. In the paperwork they sent me, they openly admit that the original note/contract was either "destroyed" or had been lost.

On June 25th, I showed up to the pre-trial hearing. When I approached, the judge asked me "Are you disputing that you owe this money?". I said yes. The judge proceeded to discuss when would be a good date for the trial to begin, and wasn't really going to give me a chance to speak. He seemed to be in a hurry. I respectfully interjected and said “Your Honor, I’d like to ask that this case be dismissed.” The Asset lawyer rolled his eyes and looked irritated, and the judge looked at me kind’ve shocked. He said “On what grounds?” I said “Well, I believe the Statute of Limitations may have expired on this account.” He said “Please explain.” I said “My last payment was sometime around May in 2003, and it’s now June of 2009. The Statute of Limitations in Virginia is 3 years for Open Accounts.” The judge looked at the lawyer and asked what he had to say to that. The lawyer pulled out some paperwork and showed the judge and said that they had filed suit in April, and therefore he was under the belief that they had beat the clock. The judge told me “The Statute of Limitations would be a possible defense, but you’d need to bring that up in the court hearing. Based on what you’ve told me, I’m not willing to dismiss the case. However, they (Asset) have to show payment records to prove that this account is, in fact, not past the Statute of Limitations (and then he smirked and said), which they MAY or MAY NOT be able to do.” At that point I asked him to dismiss based on the grounds that I did not believe they had any evidence to prove I owed them anything. I told him that I had no business relationship with them, I had no contract with them, and I had proof, in writing, from Asset, that they do not own the original note or contract. He told me that that also would be a valid defense, but would be something I’d need to bring up in the actual trial, and not worthy of him dismissing.

I have until August 7th to file my defense and send it to the court and to Asset’s lawyers. I keep hoping every day that they will call or write me saying they’re dropping the case. I really figured they just thought I wouldn’t show, and would hope for a default judgment, and when they found out I was going to put up a fight, they’d back off. I can’t afford a lawyer, and don’t know what to do. I’d love any advice you guys have to give.

Thanks!

~Kevin

Pay the debt that you freely admit you owe...

[whathedilly45]

I figured I get a response like this from someone. It's amazing to me that debt collectors troll the internet looking to defend their "good names".

If I could pay it, I would. I can't and I don't believe I should have to. They have no documentation proving I owe them anything, save a photocopy of an affadavit signed by God knows who.

I'd love some REAL advice; preferably from someone who has had to deal with these jerks before.

Thanks

[CourtClerk]

Originally Posted by whathedilly45

I figured I get a response like this from someone. It's amazing to me that debt collectors troll the internet looking to defend their "good names".

Who said Zigner was a debt collector? You asked for advice and you got it. Next time, ask for advice you only want to hear and is favorable to you. Then you'll get that. Most of us won't aid you in being irresponsible when the rest of us are being grown ups and taking responsibility for our debts instead of running away from them.

[whathedilly45]

You pompous prick. How dare you lecture me? Responsible grown ups? Could you be any more smug and proud of yourself? Try to not dislocate your shoulder from patting yourself on the back.

So you know, I was laid off with no advance warning due to department cutbacks in 2003. It was a messy situation that is none of your business, but suffice it to say, I received no kind of unemployment. I had no money, then, to make matters worse, I had appenditicitis and had to have my appendix removed. I had no health insurance at the time, and hospital costs were overwhelming. I tried to work things out with the credit card companies, and they were uncooperative. They would not accept payments under a certain amount, and in time, they all turned over the accounts to collection agencies. Collection Agencies are even more difficult to work with, and less reasonable about working things out.

People like you act as if people like me just sit around hoarding our mountains of money and spending it "irresponsibly" on anything other than our debt. I spend my money on my bare essential bills: Car Payment, Cell Phone, Car Insurance, Rent, Groceries and Gas. I'm a teacher, who doesn't make a lot of money, so I don't have much left over.

I could never pay back all the debts I owe. Was it irresponsible at the time for me to acquire the credit cards and debt I did when I was younger? Probably yes. But I was in college and ill-informed. I made mistakes. You've never made mistakes?

Asset Acceptance is a bottom feeder agency that buys old charged off debts for pennies on the dollar. I never borrowed a cent from them. I never signed a contract with them.

I'm happy for you that you have such a nice cozy life, full of responsible decisions and a complete lack of debt. Congratulations.

[CourtClerk]

Asset Acceptance can be whatever you call them, but you don't have to sign any contracts with them, CHASE does... and they obviously did.

Oh, and since you already know, bottom feeder or not, they sue A LOT and win. Then, if you think you're life is hell now, wait until they start collecting. They know what they're doing and they do it well. How do I know? I just went to lunch with one of their attorneys yesterday.

[JETX]

Originally Posted by whathedilly45

I can’t afford a lawyer, and don’t know what to do. I’d love any advice you guys have to give.

This is really simple.

First though... a 'punch to the gut'... Your putting your head in the sand and hoping this would go away has cost you what would have been your biggest chance to get rid of this... being your right to pre-trial discovery. You should have asked them to present you with copies of all their documents, etc. so that you could prepare. You didn't and it is too late now.

So, with that out of the way.... the only thing you can do is as the court advised. Show up at the time/date set and present your defense. Be sure to take a copy of your state SOL statute... and a copy of the 'Truth in Lending' Article Z confirming that a credit card is an OPEN account and not a written contract.

Print out the ENTIRE chapter of 15 USC 1602 which covers definitions of consumer accounts. It can be found online at:
[url=http://www4.law.cornell.edu/uscode/html/uscode15/usc_sec_15_00001602----000-.html]US CODE: Title 15,1602. Definitions and rules of construction[/url]

Also, you need to read and understand your laws as to contracts and SOL's. A good article is at:
[url]http://www.lsnv.org/Open_Account_Statute_Limitations.doc[/url]