I'm not sure what to do. I recently received a summons from a process server regarding Asset Acceptance. I have a pretrial hearing on September 7th. With the summons I received a copy of the original terms and conditions, but nothing signed by me. I also got a statement saying the date of last payment was June.
I think this is wrong, and I've read about this company doing this. I believe my last payment was August which would place this account just past the statute of limitations when I go to court. Also, this account was opened when I was 17 years old. Can they legally enforce this. What should my defense be? Should I say it was opened before I was an adult, that the statute of limitations has passed and make them provide paperwork, or just deny the account all together?
Also, what motions should I file, and how do I go about filing them? Any help would be appreciated.
Also, I recently had Equifax investigate this account and it was deleted off of my credit report, would that help my case at all? This company has continually seemed to change dates to their benefit.
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