I Live in KY and am being sued by Asset for a Providian Card - DOLA According to my Credit Report is 9
I have been fighting Asset Acceptance's scumbag attorney for over a year now. Months go by sometimes without hearing a word.
To date they have provided me with:
* Numerous letters demanding payment, offering settlement, etc...
* An 'affidavit' from the 'supervisor of Asset 'swearing' that I owe the debt
* Exhibit A - Bill of Sale dated 6-25-01 from Providian to Arrow and a Bill of Sale dated 8-30-04 from Arrow to Asset
* Exhibit B - A huge stack of computer printouts of general credit card agreements, this is their 'proof' that this is a written contract - though my signature is nowhere on here.
* Exhibit C - More computer printouts - Very generic looking - Looks like Asset's records - Every phone call made, what I said, etc... On the fourth page they have highlighted a 'payment' on 5-23-01 (one month prior to selling the account to Arrow... But that payment is not reflected anywhere on my credit report... Providians Date of Last Payment is 9). That payment is bogus... A complete lie. I have never paid anything and this is all the 'proof' they have... These generic printouts.
* Exhibit D - One sheet of paper - Again very generic looking - That has all my personal information, employment information, and the 'details' of this account. Last pay date (they have it as 5-23 which is when they say I made this mysterious payment to Arrow), Charge Off Date, Principal Balance, Interest, and Total.
So I called an attorney who was actually pretty helpful (and wanted to take the case but I can't afford him so I have no choice but to do this myself on Thursday). He said:
"What are you going to say when they ask you if you had a Providian Card #XXXXX. If you lie and say you don't know or that you didn't, you are lying under oath so what do I say to that?"
If I use the SOL defense then I am admitting that I had the card right? So if they ask me 'Did you have said card?'_ I have to say yes right? Or do I make them prove I had the card and deny it (but wouldn't that be lying under oath? So how would I answer that?)
The attorney said that in KY credit cards are written contracts. Then he said, "You signed an application didn't you? It is a written contract. If you say that you didn't sign one or you don't know, you are again lying under oath. They don't have to prove it. They can prove it just by asking you questions under oath"...
I feel like throwing up... I am totally confused! To be honest, I actually never signed anything... It was all done online... I just got the card in the mail.
I was told by someone on another board to strike their printouts as hearsay, but when do I do that... At the hearing or file a Motion now? And what do I actually say? I don't want to sound like an idiot in a court of law! Should I overnight something Monday morning? Is there anything I can do/file proactively now with only a few days before the hearing? Is it to late to file last minute motions... Maybe a continuance? And... Is there somewhere I can go online to see how a "motion' is drafted?
Can someone please help me??
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