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  1. #1
    Join Date
    Mar 2010
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    3

    Default Being Sued by Asset Acceptance

    My question involves collection proceedings in the State of: Oklahoma

    In Janurary 2009 my husband got served papers from Love Beal and Nixon, he is being sued by asset acceptance. His answer to the summons was a sworn denial. We also sent love beal and nixon a debt validation request via certified mail. They never responded to this request. We have not heard anything else from them till the other day when we received a little orange slip in the mail telling us we had a certified letter that we needed to pick up from the post office from love beal and nixon. I went to the local court records site and looked up the case. They filed a certificate of service on 03/12/2010. I don't know what we should do next. Should we pick this certified letter up or just ignore it? If we don't pick it up, then they can't prove we received it right? What is a certificate of service? I figured since it has been over a year they had just decided to drop it. What is the next step we should take? Maybe a motion to dismiss because they never validated the debt? Sorry for so many questions I just really have no idea what to do. Any help will be greatly appreciated!!!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    71,724

    Default Re: Being Sued by Asset Acceptance

    What do you hope to accomplish by ignoring the letter?

    What exactly do the court records show? That the prior case was dismissed and that a new case has now been filed? If so, they're probably serving the new case.

  3. #3
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Being Sued by Asset Acceptance

    This is the same case my husband got served papers on last year. He filed a sworn denial and we haven't heard anything about it until we got this certified letter which I picked up today.

    It is a Plaintiff's request for admissions and interrogatories and request for production of documents. The note attatched says that rather than the expenditure of the considerable time which will be involved responding to the enclosed discovery, may we invite you to call us, so that we may discuss an agreement to resolve this matter.

    Admission 1 : admit that the defendant is properly identified in the style of this case.

    Admission 2: admit that you owe the obligation which is alleged in plaintiff's petition.

    Admission 3: admit that plaintiff fully performed its responsibilities as to the obligation referenced in plaintiff's petition.

    Admission 4: admit that you are in default on the obligation, that same is due, past due, owing and remains unpain and that you owe plaintiff the amounts alleged in its petition.

    Interrogatory 1: State your full and complete name, your full and complete residence address, occupation and job title, and each and every residence address maintained by the defendant since the date of the contract sued upon in this case, indicating the specific date the defendant resided at each address.

    Interrogatory 2: did you obtain credit on the account referenced in plaintiff's petition?

    Interrogatory 3: is the present balance due on the account, which is the subject of this action, the sum of 2,800? If not, please state the following:

    The date of each payment you contend was made
    The amount of each payment you contend was made
    The address you contend you mailed each payment to
    Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.

    Interrogatory 4: If you deny any of the above requests for admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.

    Interrogatory 5: In regard to all communications you have had regarding the account referenced in plaintiff's petition, state the following:

    The date of all letters, phone calls, memos, notes, notices, etc. that the defendant received.
    The nature and subject matter of any and all such communications.
    Defendant's response or reply to the communication, if any.

    Interrogatory 6: State each and every defense not specifically pled thus far which the defendant intends to reaise at the trial of this case and list all proof, evidence, and what defendat contentions are in regard to each such defense.

    Interrogatory 7: Please state the name, address, and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of the litigation and, whith respect to each person, please state:
    The subject matter of which such person has knowledge
    The substance of the facts and opinions which of such opinion is expected to testify
    A summary of the grounds for such opinion

    Production of documents

    All canceled checks, money orders, cashier's checks, receipts, or ther records of payment to support your answers to Interrogatories.

    All written or tangible evidence of any communication between the Plaintiff or its transferor to support your answers to Interrogatories.

    Produce the contrace which the defendant contends was executed, if the defendant contends a different contrace was executed than is the subject of the action upon which plaintiff has brought this suit.

    Produce any and all documentary or tangible evidence which defendant either expects to use or may use as evidence in the trial of this case.

    Produce all documents defendant has to support any additional defenses mentioned in your answers to Interrogatories.

    WOW... That is alot of stuff they are requesting... Stuff I don't have or have knowledge to. I have no idea how to answer the questions. This is a debt collector so I have never had a contract with them and never agreeded to pay them anything.

    In the origional summons I received it says Citibank provided credit to my husband and the indebtedness arising has been duly assigned to asset acceptance. And after all applicable credits, the defendant remains indebted to the plaintiff in the amount of 2300.00 Plus 340.00 which represents interest from the date of default thru December 2008. So I'm assuming the difference in amount is interest. However I don't know if this is the same account but I have a receipt showing I paid off a loan in the amount of 2,466. The orginal creditor on this loan was washington mutual and when the local washingtion mutual office closed the loan was transferred to citi financial. Since I don't know if this is the same loan they are talking about it just confusses me that much more. Do I answer the questions as it pertains to the loan I have a receipt for or do I just deny knowing anything about the loan in question?

    Thanks for any and all help you are able to offer!!

  4. #4
    Join Date
    Mar 2010
    Location
    Oklahoma City, Ok
    Posts
    1

    Default Re: Being Sued by Asset Acceptance

    Quote Quoting NeedHelp79
    View Post
    It is a Plaintiff's request for admissions and interrogatories and request for production of documents. The note attatched says that rather than the expenditure of the considerable time which will be involved responding to the enclosed discovery, may we invite you to call us, so that we may discuss an agreement to resolve this matter.
    Here is the way I would go about it.

    Admission 1 : admit that the defendant is properly identified in the style of this case.
    Admitted
    Admission 2: admit that you owe the obligation which is alleged in plaintiff's petition.
    Denied. Admission #2 demands admission to an unproven and unsupported allegation. Unproven and unsupported allegations are based on hearsay.
    Admission 3: admit that plaintiff fully performed its responsibilities as to the obligation referenced in plaintiff's petition.
    Denied. Demand calls for a legal opinion. Defendant is not qualified to render legal opinions.
    Admission 4: admit that you are in default on the obligation, that same is due, past due, owing and remains unpain and that you owe plaintiff the amounts alleged in its petition.
    Denied. Furthermore defendant objects to this demand because it is multipart, vague and ambigious and therefore confusing. Defendant lacks sufficient information to either admit or deny.
    Interrogatory 1: State your full and complete name, your full and complete residence address, occupation and job title, and each and every residence address maintained by the defendant since the date of the contract sued upon in this case, indicating the specific date the defendant resided at each address.
    My name is (be truthful). Objection. Plaintiff has caused the defendant to be served with a summons and therefore already has the requested information in their files. Defendant objects to providing information about occupation and/or job title because such information is irrelevant to the outcome of the case. Defendant furthermore objects to providing each and every residence addresses since the date contract sued upon because such information is in the possession of the plaintiff and has no bearing on the outcome of the case.
    Interrogatory 2: did you obtain credit on the account referenced in plaintiff's petition?defendant lacks sufficient information to either admit or deny this question. Defendant will make a diligent search of all available books and records and in the event that such information as will enable defendant to respond properly the defendant will do so.
    Interrogatory 3: is the present balance due on the account, which is the subject of this action, the sum of 2,800? Defendant is not in possession of sufficient information to enable defendant to respond to this question. Therefore Defendant neither admits or denies. If not, please state the following:

    The date of each payment you contend was made
    The amount of each payment you contend was made
    The address you contend you mailed each payment to
    Defendant's calculations as to how any other amount was arrived at if it is other than the amount stated above as to the balance.

    Interrogatory 4: If you deny any of the above requests for admissions, state specifically and in detail, and be reasonable in doing so, the actual truth of the matter.
    Objection. Interrogatory 4 is not a specific question and is highly accusatory in nature suggesting that in the event the defendant denied anything, false and misleading information must have been presented. Therefore the interrogatoy is nonsensical in the present context. Without waiving any portion of defendant's objection, defendant furthermore denies that any false or misleading information was provided in response to any admission demand.
    Interrogatory 5: In regard to all communications you have had regarding the account referenced in plaintiff's petition, state the following:

    The date of all letters, phone calls, memos, notes, notices, etc. that the defendant received.
    The nature and subject matter of any and all such communications.
    Defendant's response or reply to the communication, if any.
    Defendant objects because question is multipart, vague, confusing and overly burdensome
    Interrogatory 6: State each and every defense not specifically pled thus far which the defendant intends to raise at the trial of this case and list all proof, evidence, and what defendant contentions are in regard to each such defense.Defendant has not completed his discovery process at this time and therefore is unable to properly respond at this time.

    Interrogatory 7: Please state the name, address, and telephone number of each person who has any knowledge of the facts pertaining to the subject matter of the litigation and, with respect to each person, please state:
    The subject matter of which such person has knowledge
    The substance of the facts and opinions which of such opinion is expected to testify
    A summary of the grounds for such opinionDefendant has not completed his discovery process at this time and therefore is unable to properly respond at this time.

    Production of documents

    All canceled checks, money orders, cashier's checks, receipts, or ther records of payment to support your answers to Interrogatories.Defendant does not keep cancelled checks, money orders, cashier's checks, receipts, or other records such as described and is therefore unable to produce any such records.

    All written or tangible evidence of any communication between the Plaintiff or its transferor to support your answers to Interrogatories.Defendant does not keep cancelled checks, money orders, cashier's checks, receipts, or other records such as described and is therefore unable to produce any such records.
    [quote]

    Produce the contrace which the defendant contends was executed, if the defendant contends a different contrace was executed than is the subject of the action upon which plaintiff has brought this suit.
    Objection. Demand is vague and confusing. Defendant objects to executions on religious grounds and therefore has never executed anybody or anything.

    Produce any and all documentary or tangible evidence which defendant either expects to use or may use as evidence in the trial of this case.Defendant does not keep cancelled checks, money orders, cashier's checks, receipts, or other records such as described and is therefore unable to produce any such records.

    Produce all documents defendant has to support any additional defenses mentioned in your answers to Interrogatories.
    Defendant does not keep cancelled checks, money orders, cashier's checks, receipts, or other records such as described and is therefore unable to produce any such records.
    WOW... That is alot of stuff they are requesting... Stuff I don't have or have knowledge to. I have no idea how to answer the questions. This is a debt collector so I have never had a contract with them and never agreeded to pay them anything.

    In the origional summons I received it says Citibank provided credit to my husband and the indebtedness arising has been duly assigned to asset acceptance. And after all applicable credits, the defendant remains indebted to the plaintiff in the amount of 2300.00 Plus 340.00 which represents interest from the date of default thru December 2008. So I'm assuming the difference in amount is interest. However I don't know if this is the same account but I have a receipt showing I paid off a loan in the amount of 2,466. The orginal creditor on this loan was washington mutual and when the local washingtion mutual office closed the loan was transferred to citi financial. Since I don't know if this is the same loan they are talking about it just confusses me that much more. Do I answer the questions as it pertains to the loan I have a receipt for or do I just deny knowing anything about the loan in question?

    Thanks for any and all help you are able to offer!!
    I'd deny everything and demand proof of everything. I'm obviously not an attorney and I'd be ashamed to admit it if I were so I can't give you any advice. All I can do is tell you how I would probably respond if Dewey Cheatum & Howe (AKA Love, Beal & Nixon) were to ask me those questions. You might want to respond differently. That's up to you of course.

  5. #5
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Being Sued by Asset Acceptance

    Thank you so much your help is greatly appreciated!

    I was thinking about putting somewhere (just not sure where):

    Plaintiff is a third party debt collector who purchased the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.

    Also request for admission 3 asks me to admit that plaintiff fully performed its responsibitlites as to the obligation referenced in plaintiff's petition. Well I have had never done business with plaintiff so how did they perform their responsibilities? Should I answer that something along the lines of: Defendent has never done business with the Plaintiff therefore Defendent can neither admit or deny.

  6. #6
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Being Sued by Asset Acceptance

    Quote Quoting NeedHelp79
    View Post
    Thank you so much your help is greatly appreciated!

    I was thinking about putting somewhere (just not sure where):

    Plaintiff is a third party debt collector who purchased the defaulted debt allegedly owned by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages.
    I've seen that argument used several times before but never saw where anybody had any success with it.

    Also request for admission 3 asks me to admit that plaintiff fully performed its responsibitlites as to the obligation referenced in plaintiff's petition. Well I have had never done business with plaintiff so how did they perform their responsibilities? Should I answer that something along the lines of: Defendant has never done business with the Plaintiff therefore Defendant can neither admit or deny.
    That might be one response but have they explained what the plaintiff's responsibilities are?. If they haven't explained what those responsibilities are then how could I be expected to know whether they have performed them or not? Furthermore it might be said that the question calls for a legal determination which I would not be qualified to make. That's at least a couple of ways I might respond if they were to put those questions to me.

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