Hey-I have an ongoing situation with Asset.
I'm in Indiana (moved here from FL in 06) and in January I got a summons from Asset re: Providian and $5k. Exhibit A attached was my name, creditor as Asset Acceptance llc, original creditor was Providian National Bank, balance due was $5293.20 and interest rate was 8%... That's all. I remember having a card with Providian back in '98 in FL, but no business with them since then.
I filed my response and disputed all claims by AAC; stated I had business, current or aged with AAC; demanded any and all contractual agreements, original account history itemized to include dates, amounts, and signatures between me and Providian; demanded any and all contractual agreements, purchase amounts, payments, and documentation between AAC and Providian in order to verify asignee designation and obligation; demanded documentation to justify AAC legal right to collect the alleged debt as well as AAC license and authority to collect in Indiana.
Demanded judgement as disputing any and all claims by AAC and this alleged debt. Stated I have no current or valid debt with Providian nor the assignee AAC. Stated I conducted no business or communication with plaintiff prior to suit being filed and AAC has not engaged in any collection activity prior to suit being filed, therefore I declared the suit and any and all demands of the plaintiff to be frivolous and requested that the suit and any and all demands of the plaintiff be dismissed as such immediately with prejudice. Sent certified to all!
3 weeks later, I receive first set of interrogatories. Every question asking me to admit the debt and give them my financial info. No thanks...
3 months later, I receive their motion for summary judgement. Basically saying since I refused to answer their interrogatories (which were all based on me admitting I owed them) "there is no genuine issue as to any material fact, and therefore as a matter of law, Plaintiff is entitled to judgement."
(In memorandum in support of motion for summary judgement-statement of undisputed facts: 1. The defendant is currently in default on her payment to Plaintiff, as evidenced by the Plaintiff's Statement of Account attached hereto as Exhibit "A". Well, I am not a lawyer, but my name is Bryan; I am a male; and I am confused! Further, the plaintiff's motion for summary judgement's certification of service has been "whited out" and written over... Looks like a bad form letter.
September 20th, I get a hearing set for 11-5. Ok, now I feel it's over my head and search counsel. Long story short, I found a real "winner" that has consumer experience and will take my case for a huge retainer and a "scaled" pay off depending on the outcome... Again, no thanks.
So, I get a continuance and have to respond to AAC's motion for summary judgement by 11-19 and hearing set for 12-3.
I know this is all wrong and I just need some "real people" life experience advice to a: get this d$%^#&ned response correct and sent out and b: continue the fight against AAC.
ANY experienced FAST advice will be GREATLY appreciated as I have combed through and through Indiana law (in addition to my life and full time job) and have to be able to combat this!
Thanks in advance and I will keep everybody posted!
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