I have an UNSERVED lawsuit from Asset Acceptance for a credit card that has been sitting like that for 1.5 years. I obtained a copy of the complaint today. It does not have any account statements or applications, just a generic printed "terms of agreement" like the pamphlets you receive in the mail every once in a while. I want to start working on this and start building a case against them and send vailidation letters. Should I dispute with the credit bureaus before sending validation and try and get some fcra violations in the process? The lawsuit remains UNSERVED. Any advice will be appreceated.
The question is how did you obtain a copy of the complaint if you have not been served? If you obtained it personally from the clerk of the court then it is valid and they just haven't gotten around to serving you yet then I would prepare my response to the court, a certificate of mailing and a debt validation letter and send them to the plaintiff's attorney certified mail return receipt requested. If your court allows discovery I would also prepare a good set of demands for admissions and send those along as well but I wouldn't actually file anything with the court until the last possible moment of the last possible day to respond according to whatever date was set on the summons when I finally got served. Now then, that is what I would do but of course I can't give you any advice as to what you should do because I'm not an attorney. One of the reasons I would do it that way is because if I could use discovery I would then have a distinct time advantage over them because there is a definite limit to the number of days within which they must respond to your demand for admissions or any other of the discovery tools. If I do nothing until after I am served then they very well might have included their discovery demands in the paperwork they serve you with. If that were to happen then you would be behind the curve and then would have to resort to other means to avoid having to respond to theirs at that time. Those other means might work and they might not. I have no idea whether they would or not so I'm not mentioning that. There are other potential advantages to doing it the way I suggested but I'll hold off on mentioning those at this time as well.
Thanks Bill. I did obtain a copy personally. They tried to serve me twice at a place that I hadn't lived for years. I did not receive anything at my current address. Since then they have done nothing else. It has been a year and a half since the summons was returned unserved twice. All you said makes since. Other than preparing myself is there any paperwork I should send or file while the summons is still unserved or should I just wait it out. I live in Fl.
