In I defaulted on a credit card with Chase Bank. Earlier this year, they charged off the debt and sold it to Asset Acceptance LLC. I ignored them, never called back, never wrote back for months.in June of this year, I received paperwork from them, stating they had field suit in civil court against me. I had done a lot of research, and stumbled upon the Statute of Limitations regarding Credit Card debt.in my state of Virginia, the SOL is 3 years for CC's. Apparently, they filed suit a week or two before the SOL expired, so it looks as though that won't work for me.in the paperwork they sent me, they openly admit that the original note/contract was either "destroyed" or had been lost.
On June 25th, I showed up to the pre-trial hearing. When I approached, the judge asked me "Are you disputing that you owe this money?". I said yes. The judge proceeded to discuss when would be a good date for the trial to begin, and wasn't really going to give me a chance to speak. He seemed to be in a hurry. I respectfully interjected and said Your Honor, I'd like to ask that this case be dismissed. The Asset lawyer rolled his eyes and looked irritated, and the judged looked at me kind've shocked. He said On what grounds? I said Well, I believe the Statute of Limitations may have expired on this account. He said Please explain. I said My last payment was sometime around May in and it's now June. The Statute of Limitations in Virginia is 3 years for Open Accounts. The judge looked at the lawyer and asked what he had to say to that. The lawyer pulled out some paperwork and showed the judge and said that they had filed suit in April, and therefore he was under the belief that they had beat the clock. The judge told me The Statute of Limitations would be a valid defense, but you'd need to bring that up in the court hearing. Based on what you've told me, I'm not willing to dismiss the case. However, they (Asset) have to show payment records to prove that this account is, in fact, not past the Statute of Limitations (and then he smirked and said), which they MAY or MAY NOT be able to do. At that point I asked him to dismiss based on the grounds that I did not believe they had any evidence to prove I owed them anything. I told him that I had no business relationship with them, I had no contract with them, and I had proof, in writing from Asset that they do not own the original note or contract. He told me that that also would be a valid defense, but would be something I'd need to bring up in the actual trial, and not worthy of him dismissing.
I have until August 7th to file my defense and send it to the court and to Asset's lawyers. I keep hoping every day that they will call or write me saying they're dropping the case. I really figured they just thought I wouldn't show, and would hope for a default judgment, and when they found out I was going to put up a fight, they'd back off. I can't afford a lawyer, and don't know what to do. I'd love any advice you guys have to give.
Thanks!
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