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being sued by asset acceptance llc

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stewy11

Junior Member
What is the name of your state (only U.S. law)? PA

I got a summons yesterday about an old credit card debt. It was from Edwin Abrahamsen and Associates PC suing on behalf of Asset Acceptance LLC. They sent it to me before at an address I never lived at twice and both times the company suing me filed for a continuance or I would have lost because I never knew there was a hearing. The address appears on one of my credit reports that doesn't say where I actually live and also lists my current address, it's on another of my credit reports that I lived there in 2004, and I had it removed from the 3rd one last year since I never lived there. The other two wouldn't remove it because they said I had business there if I never lived there or something. I googled the address and it's a house so I don't know what business I had there. I did once have a credit card with the # they're reporting so it's not from someone stealing my identity or just someone else with the same name. I have a couple of questions about this. First the statute of limitations in PA where I live is 4 years. According to my credit report my last payment was in July 2004. They filed suit the first time in Sept 2008 so am I in the clear for the statute of limitations? They also have changed the dates on my credit reports to 2006 as the last activity but I have copies of old reports. Another thing they are suing me in an area that I never lived. When I got the credit card I lived at the same address as I do now and there is a local magistrate but they're suing me at a magistrate that is about 10 miles away and in a place I never lived. Can they do this? I assume they're never going to show up anyway because the company suing me is about 6 hours away and it's for less than $2,000. They keep calling me and leaving messages. I'm assuming they want a settlement which I won't do because I'm pretty confident they can't validate the debt even though I've never had a chance to ask for validation since apparently they've been sending me mail at a place I've never lived. Any thoughts on my best course of action? I really can't afford a lawyer at this time..
 


emach1

Member
Agreed. If the SOL has in fact expired, then why SHOULD the OP pay the debt?
They should not have to. But with the ignorant replies by WirelessaAny1 and Debt Collector`, you would be in contention with their holier than thou advice. How DARE thee. Or do you agree with them?
 

Zigner

Senior Member, Non-Attorney
Follow emach1's advice and you'll find that you will lose your suit by default.

emach1 - this op is ALREADY being sued. :rolleyes:
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? PA

I got a summons yesterday about an old credit card debt. It was from Edwin Abrahamsen and Associates PC suing on behalf of Asset Acceptance LLC. They sent it to me before at an address I never lived at twice and both times the company suing me filed for a continuance or I would have lost because I never knew there was a hearing. The address appears on one of my credit reports that doesn't say where I actually live and also lists my current address, it's on another of my credit reports that I lived there in 2004, and I had it removed from the 3rd one last year since I never lived there. The other two wouldn't remove it because they said I had business there if I never lived there or something. I googled the address and it's a house so I don't know what business I had there. I did once have a credit card with the # they're reporting so it's not from someone stealing my identity or just someone else with the same name. I have a couple of questions about this. First the statute of limitations in PA where I live is 4 years. According to my credit report my last payment was in July 2004. They filed suit the first time in Sept 2008 so am I in the clear for the statute of limitations? They also have changed the dates on my credit reports to 2006 as the last activity but I have copies of old reports. Another thing they are suing me in an area that I never lived. When I got the credit card I lived at the same address as I do now and there is a local magistrate but they're suing me at a magistrate that is about 10 miles away and in a place I never lived. Can they do this? I assume they're never going to show up anyway because the company suing me is about 6 hours away and it's for less than $2,000. They keep calling me and leaving messages. I'm assuming they want a settlement which I won't do because I'm pretty confident they can't validate the debt even though I've never had a chance to ask for validation since apparently they've been sending me mail at a place I've never lived. Any thoughts on my best course of action? I really can't afford a lawyer at this time..
Don't ignore the lawsuit. You WILL lose by default and then the SOL won't matter at all.

An SOL is a DEFENSE that you must bring up IN COURT.
 

davew128

Senior Member
Maybe because he owes it? :rolleyes:
An expired SOL does not make the debt magically disappear.
No but an affirmative defense of SOL removes the legal obligation. But then again, it seems you've mistaken your personal values for legal advice. :rolleyes::rolleyes::rolleyes::rolleyes:
 

emach1

Member
Maybe because he owes it? :rolleyes:
An expired SOL does not make the debt magically disappear.
How do you know they owe it? I doubt they owe anything.

OP: you dont owe anything. Remember that when/if you are in court. You met all obligations of the original debt and you need say NOTHING more.

Zigner and all the other Debt Collection junkies on this board want you to lose. IN other words,they dont want to help you.
 

emach1

Member
Don't ignore the lawsuit. You WILL lose by default and then the SOL won't matter at all.

An SOL is a DEFENSE that you must bring up IN COURT.
If I were the OP, using the SOL solely as a defense is not wise. Go back to when they stopped their collection efforts. At that point, the debt was satisfied. Your obligation was met. Let the judge then go to the law (Statutes of Limitations) to judge in your favor.

DO NOT ADMIT you owe anything. That is key to thwarting the obligation.
 

Antigone*

Senior Member
Don't ignore the lawsuit. You WILL lose by default and then the SOL won't matter at all.

An SOL is a DEFENSE that you must bring up IN COURT.
Stewy, please do as Zigner says. He knows what he is talking about. Don't ignore the lawsuit. You can use the SOL as a defense to the lawsuit and make sure to bring whatever other evidence you have.

Don't count on them not showing up for court. If they have bothered to file the complaint then they will bother to make the date. If the debt is your Stewy then the right thing to do is to pay the debt.
 

TigerD

Senior Member
If I were the OP, using the SOL solely as a defense is not wise. Go back to when they stopped their collection efforts. At that point, the debt was satisfied. Your obligation was met. Let the judge then go to the law (Statutes of Limitations) to judge in your favor.

DO NOT ADMIT you owe anything. That is key to thwarting the obligation.
I'll tell you what: If stewy does what you advised here and you're right the debt is voided by the judge, I'll donate $2,000 to the charity of your choice. If stewy does what you say and he gets a judgment against him, you pay his judgment for him.

I am sure one of the fine lawyers on this site will draw up the agreement.

DC
 
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