S
SDaveLex
Guest
What is the name of your state?What is the name of your state? KY
A couple of months ago, I received a summons for a lawsuit involving Asset Acceptance. An exhibit was attached that showed the last payment was on 12/30/1996 on a credit card. I answered the summons with an affirmative defense of SOL – which is 5 years in KY.
When this started, I did call several lawyers… The ones I talked to either didn’t know about credit card debts being subject to 5 year SOL, said they only handled bankruptcies, or wanted $500 just to submit the Answer. I then decided to go alone – mostly due to what I’ve read here.
About a month later, I received a Request for Admissions, and Interrogatories. My 1st mistake was that I ignored answering and returning this – thinking my Answer was enough for the judge to throw this suit out. After the 30 days, I received a Notice-Motion-Order stating that since I did not return my Interrogatories, they were entering a Motion for Summary Judgment. After receiving this notice, I answered the Interrogatories, and made plans to be at court for the motion hearing. I do not have any record of this debt, but I had a lot of problems at that time that I have since worked out. When I received the summons, I checked my credit report through 2 agencies, and this debt did not show up on either.
While there, the Judge asked why I didn’t respond to their request, I said I didn’t know I was legally responsible to respond, but then responded – after the time limit. I had my “green card” with me, so she took my word, even though the opposite side said they had not received it, but it might be “in processing”. The judge also asked where my response to the Motion for Summary Judgment was, and I said that was why I was there – mistake number 2. I did not realize that I had to write a response to the motion. She gave me 10 days to do so.
Does anyone have an example that I could use to respond to this Motion? Since I was caught unaware, can anyone clue me in to what the next steps might be? Should I submit a motion to dismiss, since apparently just my answer is not going to take care of this? If so, can anyone point me to an example of this?
Thanks!
A couple of months ago, I received a summons for a lawsuit involving Asset Acceptance. An exhibit was attached that showed the last payment was on 12/30/1996 on a credit card. I answered the summons with an affirmative defense of SOL – which is 5 years in KY.
When this started, I did call several lawyers… The ones I talked to either didn’t know about credit card debts being subject to 5 year SOL, said they only handled bankruptcies, or wanted $500 just to submit the Answer. I then decided to go alone – mostly due to what I’ve read here.
About a month later, I received a Request for Admissions, and Interrogatories. My 1st mistake was that I ignored answering and returning this – thinking my Answer was enough for the judge to throw this suit out. After the 30 days, I received a Notice-Motion-Order stating that since I did not return my Interrogatories, they were entering a Motion for Summary Judgment. After receiving this notice, I answered the Interrogatories, and made plans to be at court for the motion hearing. I do not have any record of this debt, but I had a lot of problems at that time that I have since worked out. When I received the summons, I checked my credit report through 2 agencies, and this debt did not show up on either.
While there, the Judge asked why I didn’t respond to their request, I said I didn’t know I was legally responsible to respond, but then responded – after the time limit. I had my “green card” with me, so she took my word, even though the opposite side said they had not received it, but it might be “in processing”. The judge also asked where my response to the Motion for Summary Judgment was, and I said that was why I was there – mistake number 2. I did not realize that I had to write a response to the motion. She gave me 10 days to do so.
Does anyone have an example that I could use to respond to this Motion? Since I was caught unaware, can anyone clue me in to what the next steps might be? Should I submit a motion to dismiss, since apparently just my answer is not going to take care of this? If so, can anyone point me to an example of this?
Thanks!