Hello Steve and thanks for the help here,
I just received a summons to appear at a pre trial conference in FT Myers Fl.
A Staff Attorney is representing Asset Acceptance LLC in an attempt to suck $1015.00 out of Me.
A couple years ago I completely cleaned up My credit by lodging Disputes or paying off a couple legitimate bills I was unaware of and verifying that I had done so correctly by working with a credit councilor sponsored by My credit union. I requested and received multiple updates on My credit reports as I went thru the process to ensure that everything was removed.
At no time did the cant AA is suing Me for appear on the reports.
Soon after I cleared My Credit reports My brother's, wife's GRANDMOTHER and others on her side of the family started receiving calls about credit card that I don't think legitimately mine as it never showed on the reports. I live in another state than them and have lived in multiple states in the last 15 years.
At no time have I received to My knowledge any requests for payment or been contacted to pay this credit card.
I called the people who where harassing My brothers family told them to stop calling and disputed the bill. I'm not sure if AA owned the acnt at the timethe calls stopped and I thought nothing of it until recently.
Approximately 4 months ago I started receiving phone calls and letters from AA demanding payment for this mystery credit card. The letters offer a dollar for dollar match or 35% off the total, as I don't believe I own this money I just ignored the letters and refused to acknowledge I was the person they where seeking on the phone..in other words I've not confirmed anything to AA or had any contact accepting a possible cease contact request and verbal dispute of this charge. I did not send a written request.
I've checked and the summons is legitimate. The attached paper work contains only a photo copied, generic Citibank credit card terms and conditions with no signatures or personal identifying info and a photo copied assignment of bill of sale stating Asset Acceptance LLC entered into a credit card purchase agreement with First American Investment Company LLC in Sept 05 for acnts described in exhibit A. There is no exhibit A or info linking Me to this acnt attached.
The last page is titled Statement of Acnt. But I can't tell if its from the court summons, or AA,
It has My name and address, AA acnt #, original lender acnt #, purchase date, amount and interest due of $1015, interest rate of! 5%, DATE OF CHARGE OFF 8/5/02, and a last payment date of 12/28/01.
I have approximately 1 month before the court date, cannot really afford an lawyer, and am unsure of the best way to approach this. I am unfamiliar with the court system and defiantly have never been sued before.
Having read many of the threads concerning this company, it looks like I'm in for a few months of serious problems, HELP!
I read Amy in Holiday Fla's thread and My case seem quite similar
My pretrial actions should be?
Send certified return receipt requested letters to the AA lawyer, and the court, stating contact with Me should only be thru the mail and that I have no knowledge of ever having this credit card?
Then file a motion of Discovery BEFORE the pre trial conference requesting proof of the chain of ownership of this acnt and right to collect?
Demand proof of payment made on 12/28/01
Deny any and all claims in regards to this debt
Should all this be in the one letter or parts of it filed as one or multiple motions?
Which date does the SOL go fromlast payment or charge off or?
Which actions need to be done before the pretrial hearing and which at the hearing?
I did not live in Fla when these charges supposedly took place
This sucks!
Thanks again
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