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My situation


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Posted by Allen (12.91.36.38) on October 31, 2003 at 17:14:35:

I'm new to all this and I have spent hours doing research on previous posts and the links to other sites including Why Chat's.

I just received a Summons yesterday (10/30) filed by a Boston law firm on 10/15 representing Ass Acceptance Corp. Dated by the court and postmarked on 10/28.

They are suing me for about $2,295. I had been getting phone calls on my answering machine and letters in the mail but I never bothered to respond to them as I didn't think much of them. Had I known about this website and all that I now know, I would have disputed my credit report and sent them a cease and desist letter.

Looking back at my old credit report from 2001 (I haven't checked my credit since then) I see that it was originally from a Citibank account back when I was a poor college student in Michigan for $1,203 - 90 days as of 1/98 and on record until 11/04.

Meaning SOL starts on 10/97 or 11/97? If so what DAY?.

It was sold to Gulf State on 8/00 (date opened) and balance of $1,202 ($1 descrepancy) who sold it to Ass Acceptence Corp. which is reflected on my credit report as date opened 7/00 and balance of $1,869! Ass reaged my account and bumped up the balance!!! I never bothered until now as I thought my credit was ruined anyway (by other charge-offs) until now.

Sorry for the long-ass post but I wanted to give as many details as possible.

I have disputed that account on Experian online today. They didn't have an option for wrong date or account so I picked Unknown Account and wrote "no such BALANCE or DATE on the box.

What should I do now?

I have talked to a couple of lawyers on the phone and they basically say they don't take such small cases and told me to negotiate with the lawyer directly.

1) When is the SOL up? Can I still use an Affirmative Defense based on SOL?

2) Or should I call that lawyer and negotiate?

3) If I negotiate, do I still need to send an Answer to the court or will they do it by dropping the suit?

Thank you.


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