Recently My fiancee was sued by asset acceptance. We attended court and disputed the debt. The Judge asked their Lawyer if he could verify the debt and he claimed he did not have the paperwork in front of him. The Judge asked him to send us a bill, and they responded with an exparte motion to compel discovery. We responded by demanding full verification of the debt.
They sent a signature card that did not bear the name of any credit card company, a copy of a credit card agreement that had no signature, and two letters that were meant to establish chain of title. Both letters stated that "various accounts" were purchased, but neither referenced this account specifically.
Anticipating a problem with this they included an excel spreadsheet produced by them that showed this alleged debt on it. At no time over the last 2 years have we received a bill, a cancelled check, or any paperwork that would indicate my fiancee had an account with the Original creditor. A person claiming to be a supervisor filed an affadavit claiming to have "actual and personal knoweldge all matters" and then proceeds to list the Date the account was opened and the date of charge off as the same date.in doing so he has under oath indicated that the alleged date of charge off is earlier than the alleged last date of payment.
We have tried to file a motion to dismiss but probably did not do it right. Until comming here and seeing some of the great advice it seemed like we would be doing this for another 2 years. Here Are my questions:
1. They have not provided proof that my fiancee Established an account with the Original creditor, Used the card, or injured the Original creditor. Can i use this as grounds for a dismissal?
2. Despite several letters filed with the court and sent certified return reciept requested, they have not provided any documentation justifing, or proving the amount they claim she owed the Original creditor. Can this help me?
3. Asset Acceptance purchased this debt from a company that purhased this debt from the Original Creditor. The first Bill of Sale letter has no Date of Execution. Neither letter has any original documentation indicating what specific debts were purchased. Do I have grounds question wether they legally own the right to sue?
4. They served discovery on me.in the discovery the asked questions like "what is the name and address of banking insitutions you've had accounts with during (specific period)." We Objected to this but the judge compelled us to answer. The truth is we really don't remember so our answer was not and could not be very specific. They are now asking the judge to find us in contempt despite the fact that we answered. Can we be compelled to give personal private information to a company that we don't even know, and certainly do not trust?
In closing any guidance would be greatly appreciated. We have been fighting for a while, and I would like to go for the knock out!
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