My Husband was served by a local Sheriff by an attorney representing Asset Acceptance LLC. This is for a Chase Bank credit card that they allege he had.in the 8 years we have been married, we never had any credit cards (if we can't pay cash, we don't get it - sorry, just how we are. Frugal, I guess). We never recieved a bill and when he talked to a rep at Acceptance and asked what address this was attached to, she replied "..." the EX WIFE's address she acquired two years after we were married.
My Husband promptly filed a rebuttal with the Clerk of Courts stating that this must be a case of identity theft and requested that Asset Acceptance provide proof of signature on the original application.
He just received documents in the mail today from the attorney (filed with the court) that;
1. The Plantiff objects to Defendant's request for Production of Documents to the extent that it seeks disclosure of information or materials protected from disclosure by the attorney/client privilege, work product privilege or any other doctrine of privilege.
Read as: We are hiding behind attorney/client privilege, so therefore we are not going to provide the information you seek.
2. Plaintiff objects to Defendant's Request for Production of Documents to the extent that it is onerous, unduly burdensome and requests information which is immaterial and/or irrelevant to the causes of action pled or defenses raised and/or are not calculated to lead to the discovery of admissible evidence.
Read as: You are being a pain in the a* by asking us to prove that you actually opened this account. Furthermore, your actual signature on the application is not important, because we are bottom feeders and are going to try and scare you with "legal looking" paperwork to get you to pay this bill that you never had. We're p*ed off that you would actually make us find the original application, knowing that credit card companies only keep the original applications on file for 25 months. So, we're going to try and make you spend additional money to get an attorney and fight us in court to pay a bill you never had.
The documents their attorney provided shows an internet application with the date 06/02/20, which could be construed as June 20. They furthermore provided a document showing where Chase Bank changed their name from Banc One to First USA Chase Bank (what does that have to do with anything?), one showing where they sold the account to Asset Acceptance and a credit card bill from June of with no purchases or signatures, but an inflated past due balance of $800. But I reiterate, my Husband's signature is no where on any of these documents!
He is trying to figure out where to go from here. The original card issuer (Chase Bank) is based in Delaware, where the statute of limitations is 3 years. There is nothing showing when this was opened (other than the cryptic 06/02/20 at the top of the internet application).
He is going to file another document (complete denial) with the clerk of courts and file an identity theft fraud complaint with the FTC. My question is, is it too late to do this? Thoughts, answers, etc appreciated. We really do not want to have to retain an attorney to fight them, but will if necessary because this can't be legal!!!
Help!!!
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