Pretrial Hearing Tomorrow

[BoatMaker]

What is the name of your state? Florida

Long story short:
Laid off in 2001, Creditor never kicked in my paid for insurance protection payments. Requests for account closure/freezing ignored, 5-10 calls daily to my house and my in-laws residence were apparently not logged by them. $500 original balance is now just above $2k with Overlimit fees/Interest etc.

I plan on filing a Motion for Discovery including the following:
(clerk of the courts said this could be done verbally @ this hearing)
1) Original account agreement with my signature.
2) Full account history & itemization of charges.
3) Proof that Assest Acceptance has the legal right to collect said debt and are licensed to do so in Florida.
4) Proof of last payment in 2003 as I believe this to be simply false.
5) Copy of the contract, including the amount paid by Assest Acceptance for this account.
6) Proof of legal ownership of this contract all the way back to original creditor to establish that Assest Acceptance did not acquire said debt via an illegal transaction.

If this case is in regards to the above account (which im assuming it is, the paperwork I recieved is vague @ best), I have no problem settling for the original account balance, minus any monies I paid in for the insurance and/or monies which should have been paid during my lay off.

Kinda nervous and obviously not a lawyer. Any advice/comments/help is greatly appreciated.

 

[SHORTY LONG]

Sounds like a plan; good luck!

 

[dcatz]

Is this in FL Small Claims?

I wish you all success, and I don’t argue with Court Clerks, but did he/she understand the magnitude of your intention?

I just looked at FL Small Claims discovery rules and am surprised that your request could be made on oral motion. If it can be, the scope is prudent, because this particular plaintiff may find it difficult to comply. However, I have my doubts about whether #5 would be within the permissible scope of discovery, and I don’t believe the price (assuming it’s purchased debt) is relevant.

Try, but if less is allowed than what you want and you have to “horse trade”, focus on #1, #2 and #4.

 

[BoatMaker]

Thanks for the replies!

Additionally after reading through the papers I was served, I have found some problems with dates. Not sure how this would come into play or when. For example - in one item they declare I was using/accruing charges as of 01/04, yet they state that my last payment was on or around 05/05/03 on another item, and according to the attached account bills of sale, the account was charged off and sold at least twice by 12/03.

dcatz:

Yes, this is Florida Small Claims Court.
I was kind of leary of the response I got from the Clerk also, I will be taking a written copy along also.
In regards to #5, from the research I've done (which admittedly may be incorrect), it is my legal right to have knowledge of the amount paid for the account. Supposedly I can only be liable for monies the Plaintiff is out & can not be sued for additional amount as it would be deemed an investment.

Thanks again,
I'll post my experience later on tonight,

BM