Reversing Summary Judgment - Help!
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Posted by liberty2020 (12.222.197.113) on December 11, 2003 at 01:27:31:
I am disabled and live on a low fixed income. I own no car, no real estate and have no assets. I was sued by Asset Acceptance. In my answer letter I admitted owning the original creditor but that I DO NOT owe AA anything. I also stated that I am disabled and how much my disability payment is and that I have zero assets. They went ahead with the suit and I was ignorant enough to think that the judge would be in my favor even without filing motions or anything. I was totally ignorant at that time and suffering from anxiety from not being able to afford counsel. The last date on the pre-approved credit card debt was in 1992. In KY the SOL is 5 years on open-ended credit. I'm wondering if I can appeal the judgment based on the SOL and the fact that they ignored my claim to be disabled and my being "judgment proof?" Also, AA's attorney has demanded that I fill out a financial affidavit and return it within 10 days notarized or they will take me to court to testify my financial status before a judge. The form asks for way too much personal information. Should I send in this affidavit or let them take me to court?
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