Complaint Review: Asset Acceptance - Warren Michigan

I truly appreciate the info and the direction. I am mad at myself for the mistake, but, I guess that's how these folks get their money... Tim, I will try to find out all I can and file my response accordingly and try to get more info on getting out/around the failure to answer the first set...a side question...any further advice on my not being able to find a compelling response...if it sounds ignorant and grasping should I forget filing the response and fail to show and let it go to default? It seems as if I was "putting up" a big front and then running to me, but, at the same time, if this is likely to be granted due to my screw up in the process, is there a point? Thanks, again, for alll your help...everybody! Hopefully, if anything, others will benefit from these comments...unfortunately, mine may be too late, but you all have been fantastic...I'll check in over the weekend from my research and let you know how dire my situation is...isn't...? =)

Ok, Bdh, I'm going to do my best to help you out here. I am an Indiana licensed attorney but, keep in mind, I am not YOUR attorney, and that nothing posted in this forum is protected by the attorney-client privilege. It sounds like your answer was acceptable to the court although, as someone stated above, it contained a bit too much. Requests for validation, etc., do not belong in an answer to a complaint. Now, here's where you made a BIG boo-boo: "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..." Unfortunately, "no thanks" doesn't work in the law. Any interrogatory that is not answered can be taken as an admission. Any documentation that is requested and not provided can lead to a negative inference that such documentation works against your claim. When you failed to answer their interrogatories, you basically admitted everything that they asked of you. Now, I'm assuming that at least one of these questions was something along the lines of "Do you admit or acknowledge that you owe this debt." By not answering such a question, you basically admitted that you owed the debt. Hence the motion for summary judgment. By admitting that you owe the debt, you removed from issue the question of whether or not you did in fact owe the debt. There is thus no further issue to be decided, and they are likely eligible for judgment as a matter of law. To beat them on the MSJ, you're basically going to have to somehow de-legitimize your accidental admission. You could try arguing that they should have filed a motion to compel, but I don't know if that would fly. I would advise you to do some research into the effect of failing to respond to an interrogatory. See if you can find a way around this. But to be completely honest, I don't think you're going to win on the MSJ. You could, theoretically, respond to their Motion for Summary Judgment with a Motion to Dismiss. Crank out a brief in reply to their MSJ with whatever you can think of to put in there, but don't put too much faith in it. Simaltaneously, file a motion to dismiss based on the statute of limitations, lack of subject matter jurisdiction, laches, or whatever. Plan on spending a lot of time researching and writing over the weekend. Best of luck!

Am I to understand that my response to the Plaintiff's Motion for Summary Judgement is to be the "short and sweet" directive provided by Steve? I don't need to give anything more than a shorter summary of my initial response to the original summons? I appreciate all the help...however, I want to be sure I don't trip it up here with my response to their motion for summary judgement on monday.

Am I to understand that my response to the Plaintiff's Motion for Summary Judgement is to be the "short and sweet" directive provided by Steve? I don't need to give anything more than a shorter summary of my initial response to the original summons? I appreciate all the help...however, I want to be sure I don't trip it up here with my response to their motion for summary judgement on monday.

Am I to understand that my response to the Plaintiff's Motion for Summary Judgement is to be the "short and sweet" directive provided by Steve? I don't need to give anything more than a shorter summary of my initial response to the original summons? I appreciate all the help...however, I want to be sure I don't trip it up here with my response to their motion for summary judgement on monday.

Bryan, When you respond to a summons, request for debt validation, etc at that time is irrelevant. A response to a summons is just that, a response. keep it short and sweet, and give any affirmative defense at that time, which in your case would have been SOL which is 5 years in FL. That "debt" is not legally collectable as the SOL has expired. No lawyer needed for this one. Respond to both the court and the plaintiff/attorney with a short and sweet response. Something like this. >> In response to the summons recieved dated xxxxx, case # xxxxx, in xxxxx court, I have never entered into any contractual agreement with Asset Acceptance. I requested debt validation from them prior to the lawsuit being filed but got no response. Furthermore, the account referenced with Providian had a date of last activity in 1998 and is outside the Statute of limitations in FL where I resided at the time and is no longer collectable. Therefore this lawsuit is frivolous and should be dismissed. >> Now, get that lawyer and file a countersuit for your damages for the frivolous lawsuit they filed.

Bryan, When you respond to a summons, request for debt validation, etc at that time is irrelevant. A response to a summons is just that, a response. keep it short and sweet, and give any affirmative defense at that time, which in your case would have been SOL which is 5 years in FL. That "debt" is not legally collectable as the SOL has expired. No lawyer needed for this one. Respond to both the court and the plaintiff/attorney with a short and sweet response. Something like this. >> In response to the summons recieved dated xxxxx, case # xxxxx, in xxxxx court, I have never entered into any contractual agreement with Asset Acceptance. I requested debt validation from them prior to the lawsuit being filed but got no response. Furthermore, the account referenced with Providian had a date of last activity in 1998 and is outside the Statute of limitations in FL where I resided at the time and is no longer collectable. Therefore this lawsuit is frivolous and should be dismissed. >> Now, get that lawyer and file a countersuit for your damages for the frivolous lawsuit they filed.

Go to www.budhibbs.com - He has a link that will give you information on attorneys in your area- if not let me know - I will ask mine. I am waiting for my court date to come up as I am suing one of these low life collection agencies - They are bottom feeders who will do anything to make a buck - Do not get mad - get even Stacey