Update on lawsuit with Asset Acceptance & Questions
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Posted by hsmom22 (216.51.153.57) on March 26, 2003 at 00:13:23:
Briefly: My husband is being sued by Asset Acceptance for three old credit card debts that are beyond the SOL for our state of Iowa. He has been to court twice now. The lawyer for Asset Accetance tried to get a Summary Judgement against my husband but it was denied by the Judge. My husband filed a motion for dismissal based on SOL. The Judge didn't want to consider the SOL just yet. He was more concerned with the fact that Asset Acceptance has never verfied the debts as belonging to my husband even though they have repeated been asked to do so. In the original affidavit Asset Acceptance listed the debts as belonging to a man with a different middle initial than my husband's. The Judge has ordered them to provide verification of the debt. At first this lawyer tried to say that these debts were written contracts with a 10 year SOL. He finally had to admit to the Judge that they are old credit card debts. He also had to admit to the Judge that the only thing his clients have as proof the debts belong to my husband is a computerized print out. Judge says this is not good enough and wants signed receipts and itemized list of items purchased. My husband goes back to court on May 8th. I cannot thank WhyChat and the other members of this board enough for all your help. I will post again after this next court date and let you all know what happens. Now to my questions. On our credit report only two of the debts Asset is suing my husband for are listed under the original creditors. Asset has all three accounts listed under their name with dates of last activity that are not the same as the original creditors. Can we have these entries removed from our credit report? The original ones are due to roll off very soon. Also is it too late to file a countersuit against Asset Acceptance? How would we go about this if we still can? These guys are real sleazeballs. Thanks so much!
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