How can you be sued when the SOL has passed????

[Anonymous]

I was served with a SUMMONS/NOTICE TO APPEAR FOR PRETRIAL CONFERENCE STATE OF FLORIDA-NOTICE TO PLAINTIFF

This is from ASSET ACCEPTANCE for a First National Bank Omaha Credit Card I had in college that I was patiently waiting to fall off my credit report (due to fall of May 2008).  This card was opened in August/September 2000.  It is claiming that I made a partial payment on this card in August 2005 and I did not.  In fact I made three payments in my life to them and the latest date was in August of 2001. 

Ho do I make them prove that the payment sent in Aug. 2005 didn’t come from me?  I just pulled my credits report last week, and the Equifax report has payment made in August 2005.  BUT I DID NOT!!!

What can I do to STOP this?  I am scheduled to appear in court on Feb 27th!

I AM BEGGING FOR HELP!!!!

[Anonymous]

*BUMP* PLEASE HELP

[LuvsRetro]

First of all, how much do they claim the debt is for?

[Junejer]

You definitely have to file an answer. Are you in FL?

[Anonymous]

I'm not an attorney, and I'm REALLY no expert in the matter of judgments, but here's my thoughts. Take it with a grain of salt.

Number one: You MUST go to that hearing! Missing it guarantees a default judgement, and that's a fatal baddie that goes in public records. And that, imo, is worse than a collection.

The burden of proof, falls on the plaintiff's claims. They have to prove you made a payment in August 2005. At the minimum, I would think you'd want to take your bank statements from the time you made those payments, through Sept. or Oct. of 2005. It's supporting documentation of your claim of non-payment.

You could hire a consumer attorney to represent you, and represent you in your behalf. In fact, I'd contact one anyway and consult with him on your best course of action.

Sorry I couldn't be more help, and for goodness sakes do not take what I've said as recommendations. It's only my thoughts.

But you do need to turn your full attentions to this....today. Don't wait. You have a short time to put in place a plan.

I'm sure others will chime in with their opinions.

[Anonymous]

In response to all:

I am in the State of Florida currently. 

The amount they are suing for is approx. $1,900 (which I don't have). 

As far as prving with my bank statements about payments, I NEVER PAID them beyond 2001 and that was ALWAYS with money orders and I have the receipts to every money order I paid them  I have no idea of where they are coming up with a 2005 payment from.  I guess I can just show my statements proving that I didn't pay them.  I also have regular bills from the collection agency dating back to 2002.

Does anyone have any examples of what they may use to show I "Paid" in 2005?  Or what do I need to as them for to disprove this? 

In addition to the info that i previously provided.  Asset Acceptance Corp. has turned into Asset Acceptance, LLC.  I had more than one collection with them.  I had a Target Card that was in collections with them and before I knew any better I made a settlement offer with them for that account in April 2005, and on my credit report it says that that account was closed in August 2005. 

Could that be the mix up? 

Thank you all in advance!!!!!

[Junejer]

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@Anonymous wrote:

In response to all:

I am in the State of Florida currently. 

The amount they are suing for is approx. $1,900 (which I don't have). 

As far as prving with my bank statements about payments, I NEVER PAID them beyond 2001 and that was ALWAYS with money orders and I have the receipts to every money order I paid them  I have no idea of where they are coming up with a 2005 payment from.  I guess I can just show my statements proving that I didn't pay them.  I also have regular bills from the collection agency dating back to 2002.

Does anyone have any examples of what they may use to show I "Paid" in 2005?  Or what do I need to as them for to disprove this? 

In addition to the info that i previously provided.  Asset Acceptance Corp. has turned into Asset Acceptance, LLC.  I had more than one collection with them.  I had a Target Card that was in collections with them and before I knew any better I made a settlement offer with them for that account in April 2005, and on my credit report it says that that account was closed in August 2005. 

Could that be the mix up? 

Thank you all in advance!!!!!

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Sounds like you might have found your problem.  You need to contact an attorney ASAP.  He/she would know what to ask for in discovery.  They'd have to turn over all evidence to you. 

[Anonymous]

Thanks Byrdman!  I am so green in this area.  What type of an attorney should I contact?  How much will it cost?  I don't have a lot of $$ for this?  Any advice, anyone?

[Junejer]

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@Anonymous wrote:

Thanks Byrdman!  I am so green in this area.  What type of an attorney should I contact?  How much will it cost?  I don't have a lot of $$ for this?  Any advice, anyone?

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National Association of Consumer Advocates – Consumer Protection ... www.naca.net  I have never had to use them, but others here refer this website all the time.

[Anonymous]

This CA  is known for this.   call the courthouse & ask them to mail you the paperwork that you need to answer.    NOW  I would call several attorneys until you find 1 thats knows what you are talking about.....not 1 that has to look it up!

If you do not have an attorney make sure that you mail your answer to the courthouse CMRRR

I would not only hire an attorney to defend you BUT  file a counter suit!!!!!!!   An attorney will ask for discovery & the CA  MUST turn everything over to you. Many times the attorney for the CA doesn't show up & your attorney can not only get it dismissed BUT have judge award you damages & court cost & attorney fees.

ALSO right away  mail  CMRRR  a DV to them.......it can be used in court in your favor.

You might want to check out this site for attorney's   I have no idea how good it is though.

http://www.legalmatch.com/main.html

Message Edited by HappyDays on 02-19-2008 03:40 PM

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Message Edited by HappyDays on 02-19-2008 04:06 PM

Message Edited by HappyDays on 02-19-2008 04:13 PM