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Preparing My Case (SOL in VA)


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Posted by Asset Sux (164.214.4.62) on March 08, 2004 at 09:22:54:

Ok, after a weekend of freaking out, I took a couple of Excedrin Tension Headache pills and have decided to start working this out.

Memory Refresher:
I had an old Providian account which I last paid on in April 1999. Starting a year or two ago, I started receiving letters from Asset Acceptance about the account. I ignored them all. On January 23, 2004 I received a letter from Shenandoah Legal Group demanding payment in full or they'd recommend suit. On February 19th, I fired off SOL/C&D letters to both Asset and Shenandoah Legal to let them know that I was aware of my rights.

On March 5th, I received a first-class letter from Shenandoah Legal containing a copy of a Virginia Warrant in Debt, as well as some copies of signed affidavits and a shoddy Xerox of Providian's cardholder agreement (nothing with my signature though).

I did some research on the Virginia Courts website, and could not find my name on any of the active cases. However, I found something that stated that in order for the Plaintiff to collect a default judgement, they had to have sent a letter via first-class mail to the defendant, at least 10 days prior to the actual court date. So Asset/Shenandoah obviously want that default judgement. (And they get them too -- according to the court's website, Asset Acceptance has been the Plaintiff in HUNDREDS of cases in the past couple of years. Amounts ranged from $15,000 down to about $300, from what I could tell. So believe me -- Asset is indeed LAWSUIT HAPPY. Don't ignore them when they start threatening...)

So although the case has yet to be filed at the court, I have begun preparing my case to prove my SOL defense (as well as FCRA reaging violations). I have copies of credit reports I pulled off the internet since June 2001. I'm looking really closely at these things, and found some interesting tidbits:

6/29/01 Equifax report: Providian account listed as closed, DOLA listed as April 1999 (May - 30 days, June - 60 days, July - 90 days). Asset Acceptance is not on this credit report.

2/27/02 Equifax report: Providian account listed as closed, DOLA listed as May 1999 (June - 30 days, July - 60 days, August - 90 days). Asset Acceptance DOES appear on this credit report. Date Opened is listed as N/A, but in the Payment History it looks like they've had the account since September 1999. Funny how my Providan account has been pushed forward a month, hmmm?

2/25/04 3-in-1 TrueCredit Report: Providian account appears to have been Charged Off in April 2000. Asset Acceptance listed as Collection Account, opened July 2001.

3/2/04 3-in-1 myFico Report: The TransUnion report has Providian account listed with a DOLA - June 2001, Date Paid Out - June 2001, Date Closed - April 1999. Asset Acceptance shows up as a Collection Account, Date Assigned - July 2001, Date Reported - February 2004.
The 3/2/04 Equifax report lists "AAC" with a DOLA of April 1999. The Providian account also has a DOLA of April 1999.

I think I have enough proof with these credit reports to not only prove SOL, but to hire myself a lawyer and go after Asset for FCRA (reaging)/FDCPA (filing suit outside of SOL) violations.

But will these credit reports suffice as evidence? They're just printouts of credit reports pulled off the internet. As this Providian account DOLA'd just about five years ago, I have no other records of this account (no statements, no cleared checks, nothing).

And since I knew this account was outside of Virginia's SOL, I did not bother asking for Validation -- I just went for the jugular with the SOL letter. So outside of my hardopy printouts, Shenandoah Legal may be the ones with all the documentation.




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