Re: sued by assett acc.

Posted by Clotho (63.144.102.130) on February 11, 2004 at 10:37:30:

In Reply to: Re: sued by assett acc. posted by Kat on February 11, 2004 at 09:58:41:

As far as I remember that isn't validation - any one else have an opinion on this one???

IF they are now, through providing you with the purchase agreement with the OC, claiming they ARE the OC, I think that is a violation - They can only claim to be an OC if the purchased the acct in good standing.

I would suggest a couple of things - did you call back the clerk of courts to verify that the answer was in proper format? In your answer you MUST state it as an affirmative defense - if you didn't (and just made the statement that the debt is outside SOL - this may not be considered a defense - again any other opinions??) then I would suggest asking the clerk of courts if you can file an ammended answer and then go to Why CHat's website (linked below) and read the part regarding answering a lawsuit. Also pull up documentation from FDCPA as to what constitutes proper validation. NEVER ADMIT THE DEBT IS YOURS IN ANY COMMUNICATION!!!

I haven't got served (as of yet) - knowing these chumps, they may try right before the reporting period ends just to mess with me. I have gotten served by another CA 2 years ago - at the time 1. I didn't know about my rights, and 2. the debt was within SOL. I ended up 'settling' the acct with teh CA's lawyer for PENNIES on the dollar. Asset may do this (offer settlement - though it will be for 35% off THEIR randomly calculated amount) but I don't suggest taking it if the debt is outside SOL.

Also, post your situation on www.crediboards.com There are alot of people there who can help and everytime you get an answer, it moves the post to the top - keeps it more 'active' than here. Many of the same people post there too! Registration is Free.

• WhyChat's Site

Follow Ups:

Post a Followup