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Linda-Why Chat- Anyone else...please look this over!


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Posted by orange dog (150.159.224.8) on August 05, 2002 at 11:41:28:

Here is the body of my answer and affidavit to the suit that asset acceptance filed against me. Does this look ok?

Answer:
Defendant answers the complaint as follows:

1. The Defendant, xxxxx, has no knowledge or record of any debt owed to Asset Acceptance Corp., ASSIGNEE of CITIBANK, for the sum of $1,417.26 plus accrued interest in the amount of $2,652.48, through April 9, 2002 and interest thereafter at a rate of 10% per annum, as required by the Federal Truth In Lending Act, on the balance for the use of and retention of a Credit Card.
2. The Defendant denies paragraph 2 of the Plaintiff’s complaint that due demand has been made to pay any alleged sum.

II. AFFIRMATIVE DEFENSES

Defendant’s defenses are:

1. 1. Plaintiff has stated in the complaint that the Plaintiff believes the original application for the account in question has been lost or destroyed by the Plaintiff’s assignor, thus the Plaintiff is lacking sufficient proof that this account indeed belongs to the Defendant.
2. The Federal Truth In Lending Act, section 15, a credit card account is defined as an “open” account.
3. Credit card accounts are not defined as contracts under ORC 1335.02.
4. Based upon the amount of interest asked for by Plaintiff in the amount of $2,652.48 on the sum of $1,417.26, the alleged account would had to have gone into default approximately 12 years prior to the filing of the Plaintiff’s complaint. Therefore, the Plaintiff’s complaint is time-barred by the statute of limitations under ORC 2305.09(D), which states that any complaint not arising on contract by brought within four years.

Defendant requests that this lawsuit be dismissed.

Dated this 5th day of August 2002.


Affidavit:
I certify under the penalty of perjury:

1. That I have not recall or have copies of any records of, a credit card account with the Plaintiff or Plaintiff’s assignee.
2. That under the Federal Truth In Lending Act defines credit cards as “open” accounts.
3. That the amount required to accrue the amount of interest that Plaintiff’s assignee has asked for in the claim ($2652.48 in interest on a balance of $1417.26) would indicate that the account in question went into default outside of the statute of limitations under ORC 2305.09(D) and that the claim as it has been made is time-barred.
4. That Plaintiff has not provided the original application of this account as evidence to support their claim.
5. That I am asking the court to dismiss this lawsuit based on the items in my reply to Plaintiff’s claim.

Please give me your opinions as I will be filing this today!

Thanks



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