Asset Acceptance
Lawsuit Over Time-Barred Debt and Motion to Vacate Judgment

Business & Finance

I received a letter from Asset Acceptance over a year ago stating that they were filing a motion against me to collect on a debt that had been charged off by a credit card company over 5 years ago. Last activity on the account was about 10 years ago. I filed a motion to dismiss based on SOL, went to court (AA or their attorneys were not there of course) and was told I would receive a notice of the judgement in the mail. I never received anything and assumed no news was good news (bad idea).

Fast forward one year (I had moved to a new address three months after the first court appearance) and I receive a notice that there was a summary judgement made against me. I then filed a motion to vacate judgement and appeared in court again yesterday, gave the judge info on the Truth in Lending Act and the KY SOL on open-ended accounts. Again, I am supposed to receive a notice of judgement in the mail.

My question is: What do I do now? What if the judge does not rule in my favor? Can I appeal? I know what the law is and I know I am right, but that didn't matter the first time, as the judge was ignorant of the law, apparently. Can AA take further action if the judgement is vacated?


Company: Asset Acceptance
Country: USA
State: Michigan
City: Warren
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