Case history from Ky.

[ashlandky]

What is the name of your state? Kentucky

Who was the guy that beat asset acceptance in kentucky? I have to go to court on them on the 14th of april 2008. I have asked for validation over a year ago and they have not given me anything. They have hired a legal firm that has sent me two differnt times "Discovery requests" asking me for admission that I owe the debt that is now 8 years old. I did not send it back to them as they have not validated the debt and I dont feel I should have to respond to their illegal actions. Please help me. Thank you very much.

 

[artificially]

I think this is what was referred to earlier - https://forum.freeadvice.com/archive/index.php/t-227512.html

btw how's things in Ashland?

Haven't been in couple years.

 

[Texas Pooh]

I hope you are not posting that you did not reply to written requests for admissions.

If you did not, they are deemed admitted as a matter of law. In other words, it will be as if you answered "Admitted" to each and every question. If the questions were worded correctly, in all likelyhood you have now conceeded, irrevocably, your case.

If, in fact, this has occured, you need to consult with an attorney before the hearing to see if the error can be fixed.

 

[ashlandky]

No I did not return the request for admission due to the fact it did not come from the courts but from their lawyers with the caption that this is an attempt to collect a debt. This was an ILLEGAL contact due to the fact that 1. I have proof via signature they received my letter requesting validation and they have not validated the alleged debt yet they are still contacting me to collect the debt. (FDCPA section 809) 2. In the same documentation I informed them that the SOL had run out and that was my formal written notifcation for them to cease communication (FDCPA section 805). Since none of the communication was thru the courts until I received the law suit but were all from ASSet and their cronies (lawyers) I am not under any legal obligation to reply to them and give them information they cannot find for themselves. IF the courts had sent this to me requesting this information I WOULD be legally obligated. Please let me know when you find out that ASSet is a legal and binding judicial branch of the government so I can comply the next time. BTW...Ashland KY is still a nice place to be.

 

[bigun]

Here's an old thread about a Ky. residents success aaginst Asset.

https://forum.freeadvice.com/showthread.php?t=227512&highlight=asset+acceptance

 

[Chien]

Ashland may be a nice place to be, but it may soon have an unhappy citizen.

TP is correct, but you can try making the same snide argument to the court, if Asset Acceptance files a motion to deem admitted.

In the meantime, when you find why the existence of an independent judiciary immunizes you from fulfilling your legal obligations, do let us know. A confirmed right to ignore matters originated by officers of the court (viz. lawyers) will turn civil procedure as we know it on its head. I, for one, would be grateful for further insights, but a huge mass of litigants may deify you.

 

[Texas Pooh]

Actually, I hope that OP takes the same approach with the court ... OP is likely to end up as a resident of the county on contempt charges!

I suspect that I am talking to the wall, but I'll post for the benefit of others who may be reading. It has been said many times by the senior members here, but it apparently can not be said enough:

The notion that "validation" means anything in litigation is just plain wrong. A creditor (or the person who buys the debt) can sue if it is not paid. No "validation" is required. Period.

The person who gets sued can ask for proof of the debt in discovery during the litigation, and can assert various defenses as applicable (including the SOL and any failure to provide proof in response to discovery).

However, the person getting sued can not: (a) refuse to participate in the litigation process or (b) not show up at court. Both will be result in a judgment against the debtor, and all the "validation" in the world won't help. Period.

So, good luck, OP. Be sure and let us know how it works out.

 

[ashlandky]

I have not ignored any requests from the court system. I have complied 100% with them. I have ignored ASSet's stupid questions of how many times have I been in jail, what will my strategy and defense against them be in court, ect ect... There was NOTHING at all in their contact that said these answers were requested by the courts. All their questions were purely for them to get me to admit to a debt that I do not owe

 

[Texas Pooh]

I have not ignored any requests from the court system. I have complied 100% with them. I have ignored ASSet's stupid questions of how many times have I been in jail, what will my strategy and defense against them be in court, ect ect...

Of course you have, as you have now been told by more than one poster. Requests for admissions (as well as other forms of discovery, such as interrogatories, requests for production and requests for disclosure) are part of the litigation process, and can and are issued by the lawyers on all sides of the proceeding. They must be complied with, or, as you will learn, there are consquences. If you think they are improper, you have to object in writing and ask the court for a ruling.

Of course, had you just asked how to respond to the admissions when you got them, you would have been told all this and not put yourself in the position that you're going to find yourself on April 14. But perhaps someone else reading this post will learn something useful.

 

[Debt Guy]

Ashland

Just curious -- your strategy is novel to say the least. Where did you learn this strategy? How did you come to those conclusions?

 

[Texas Pooh]

Calling Ashlandky

So, April 14 has come and gone. I've been waiting patiently for an update from ashlandky on his court date, and to see if his new legal strategy worked

Of course, I'm also waiting for an update from an old thread on the wills, trusts, threads, from an OP who went to open up a gravesite for a relative and found "stuff" in the gravesite. Despite many posters' questions and theories, we never got to find out what the stuff was.

Threads like these two keep me up at night

 

[TigerD]

So, April 14 has come and gone. I've been waiting patiently for an update from ashlandky on his court date, and to see if his new legal strategy worked

Of course, I'm also waiting for an update from an old thread on the wills, trusts, threads, from an OP who went to open up a gravesite for a relative and found "stuff" in the gravesite. Despite many posters' questions and theories, we never got to find out what the stuff was.

Threads like these two keep me up at night

lol ... They may not allow the inmates internet access in Ashland.

Actually, he found out that the advice was right and isn't about t own up to it.

DC