Re: Asset Acceptance LLC

Posted by CAK (66.140.213.102) on November 24, 2003 at 20:29:08:

In Reply to: Re: Asset Acceptance LLC posted by Oklahoman on November 24, 2003 at 02:20:05:

The attorney is going to have to come up with some sort of validation before your court date or you win. Ten days for an attorney is not even long enough. Have you actually got a court date? Affirmative Defense is done on a regular pleading document. Say something like this;

Defendant's Affirmative Defense

Comes now, Defendant in the above cause, and files this Affirmative Defense in response to (whatever their pleading says)(if it says for Breach of Contract,)Plaintiffs' claim for Breach of Contract.

THE STATUTE OF LIMITATION HAVE EXPIRED

DEFENDANT FURTHER STATES, that Plaintiffs' claim is not justified, has no merit and cannot be legally brought, in that their claim alleges balances due, interest, fees imposed and attorney fees, for (Open-end revolving credit card accounts) that are beyond Statue of Limitations and fall under (your state statute), as Revolving Credit Plans are Never Written.

Name
Address

CERTIFICATE OF SERVICE

The Defendant in the above matter, on the ______ day of ______, 2003, did mail postage prepaid a true and correct copy of the foregoing to (attorney name and address).

Name

Make sure you center everything so it looks nice.
__________________________________________________

You may still need an additional Certificate of Service for your court file. Ask the court clerk. If so it would look like this;

CERTIFICATE OF SERVICE

The Defendant, with reference to Case No.( ), does hereby certify that I have this date mailed a true and correct copy of Defendant's Affirmative Defense, to (attorney name and address)
This the _________ day of November, 2003.

Name
Address

These are just suggestions, you can change as you see fit.

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