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Summary Judgement on SoL Expired CC Account

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Lisa Davis

What is the name of your state? OH
In brief, received Summons in Civil Action for ASSet Acceptance trying to collect on an SoL account (DLA 9/96). Submitted papers in response on August 18, 2003 that I was standing on expired SoL of this debt (4yrs. in Ohio). Also sent copies to ASSet CRRR.
ASSet claims they sent "discovery (including Requests for Admissions) on Defendant on September 3, 2003 without resonse."
November 6, 2003 ASSet filed a Motion for Leave to file a Motion for Summary Judgment. (I did not receive a copy of this November 13, 2003)
November 17, 2003 I hand delivered a correspondence to the court in response to their attempt to gain Summary Judgment. At that time I found that on November 13, 2003 this "judge" had already granted ASSet the Motion for Leave!!!!!!!
It was my mistake that my correspondence was not formatted & worded as a "Motion". At any rate, ASSet clearly has seen the handwriting on the wall on the SoL and is purposely trying to deter from appearing on the Pretrial date (December 23, 2003). What do I need to do and how do I need to enter it/format it to enter it as a Motion? What do I need to do next to deter ASSet from arm-twisting a judge (who has been voted out of office and is due to leave MID-December at the latest) into a Summary Judgment?


Senior Member
1 - If the court clerk says you can still file your motion, the get it done and get it filed ASAP.

Asset is notorious for this crap - suing on out-of-statute debt than using old or bogus addresses to serve summonses or other paperwork.

Your best tactic to keep them from winning is to show up in court ! In those casees where the defendent shows up, Asset does NOT win default judgments.

As for help in formatting your Motion, check out the forms on this site:


While none of those are what you need, it will show you what is generally the proper format for a Motion of any kind.

Also, get a copy of the case file for this suit from the courthouse. In it should be copies of everything Asset has done, including proof of service forms. If they used bogus info to have you served or if they LIED, then that can be useful in fighting them.

I will contact a friend of mine who lives in Akron and is very familiar with ASS-et's tactics. He can likely come up with exactly what you need.

Lisa Davis

Any further help is very much appreciated!!!!!!!
And if your friend in Akron can help, I would deeply appreciate it!
The judgment discription isn't a default judgment, but summary judgment. I assumed that with the paperwork I submitted the first time on the SoL, that the court acknowledged that as my denial answer to the Summons.


Senior Member
Clearly, your attempts at 'pro se' legal actions did not work.

You need the services of a competent counsel at this time to try to unravel the current condition and to try to recover your rights.

Contact your county bar association and ask them for a low- or no-cost referral. Most attorneys will give you a 30 minute or so consultation and little or no cost.

Lisa Davis

Hello,JETX. It appears that nobody in Fairfield County,or Franklin County, at this point,even recognize there is a statute on this,and are even willing to fight it ! I've been all afternoon calling every attorney I can find a listing for,and any referals.Everyone just says "we don't pursue that kind of a defense",just file "bankruptcy"! To me,that's a last resort,and if this Sol defense is law,it should be followed first.These people don't have a bankruptsy dangling from their records for 10 years,or they probably would pursue it another way.Anybody know of attorneys that do use the Sol for defense? It's amazing that they just ignore certain laws that have been written for years,just like they never exist.

Lisa Davis

Hi,Ladynred.Did you get to talk to your contact you were talking about? I'm curious as to what they have to say.Thanks for your responce !

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