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  1. #1
    Join Date
    Jul 2006
    Posts
    2

    Default Sued by Asset Acceptance Corp.

    I just received a summons. I'm being sued in FL by Asset Acceptance for a debt that was charged off by Chase Manhattan in November of 2000 and is past the Satutue of Limitations. No payment was made on the account since May of 2000.

    However, in the complaint Asset Acceptance claims that a partial payment was made in May of 2003 (presumably, to claim that they are within the SOL). This is false.

    If anyone can help, I'd really appreciate knowing...

    1. How to respond to the summons (I have 20 days).
    2. How to prove that I did not make the 2003 payment.

    Thanks in advance for any help you can offer.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I'm being sued by Asset Acceptance

    There will commonly be instructions on answering the summons as part of the summons or materials you received with the summons. If you are uncomfortable drafting legal pleadings, consider getting help from a lawyer or paralegal service, or go to the court and ask to see an answer from the court file for a similar case. If they are claiming a 2003 payment, it would normally be their duty to prove that it occurred. You should be able to demand their evidence as part of the discovery process in litigation.

  3. #3
    Join Date
    Jul 2006
    Posts
    2

    Default Re: I'm being sued by Asset Acceptance

    Thanks for the help...

    I also noticed in their complaint that "the application executed by the defendants has been lost or destroyed."

    Assuming the app constitutes the contract, ever heard of anyone successfully filing a motion to dismiss a breach of contract case based upon the fact that the plaintiff cannot produce the contract in question?

  4. #4

    Default Re: I'm being sued by Asset Acceptance

    Sign up for a site like findlaw.com, or similiar. The sites contain actual responses to summons. Rememebr, they have to prove you owe the debt,

    File a reponse!

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I'm being sued by Asset Acceptance

    Quote Quoting sportsguy
    Assuming the app constitutes the contract, ever heard of anyone successfully filing a motion to dismiss a breach of contract case based upon the fact that the plaintiff cannot produce the contract in question?
    In some states that may affect the applicable statute of limitations, but given that you received the card and made charges with it they shouldn't have too much trouble establishing that there was a contract.

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