ASSET ACCEPTANCE OHIO SUMMONS = Help

Does Asset own the debt? Do you agree that they own the debt?

This is all very complicated. The FL SOL might toll or something and not restart until you go back to FL. But you didn't go back so it would still be a viable lawsuit, or something else might happen. This is all very complicated. Dumb Bob already said that.

You could respond to the lawsuit and not let it go to default. You could ask for a continuance. If you need YEARS, Dumb Bob doesn't know if you can get that very easily.

What does the contract say? You might ask to see the contract so you can see what the agreement was.

Generally you need to print out and serve a copy of your appearance and answer to the court and to the other parties, in this case Asset Acceptance. But you should read your court's rules to make sure you are following them and not what you read from some yahoo on the internet.

That's probably required boilerplate. It's also pretty much what always happens in these sorts of cases if you don't respond.

Have they broken any laws? Being a leech isn't illegal.

A judgment doesn't mean they can collect. You have to have the money for them to collect. All states provide some protection so you can at least live even if you have a judgment against you.

 

File your Answer and Affirmative Defenses. In discovery, if the Court of Common Pleas or your Municipal Court allows it, ask for documents such as an account, the bill of sale, right of assignment, and any and all documents from the original creditor. They won't have any. All they'll have is an affidavit which is hearsay unless the affiant personally appears. At trial, move to strike/dismiss based upon the above.

 

Make sure that you answer the summons that is the most important part. Go to the Michigan Attorney Generals website and submit a complaint againist asset acceptance. The MI attorney general is no stranger to this company. At the same time submit a complaint to the Michigan BBB.

I got rid of Asset this way. I wasn't being sued by them however. It'sworth a shot though. They are not expecting you to answer their summons, so please make sure that you do this.

 

Appearing means that you will then get the various materials from the other side that will tell you when they are moving forward with your case. But Dumb Bob doubts that just answering a complaint is enough to usually end the game.

 

Don't count on the AG doing anything for you : ( They only do things when they get HUGE PRESS! Good luck to you on your exam and we will be here for you to help you. All the best Woofer

 

Okay so you have to go to court BEFORE your test? Well STUDY STUDY STUDY this weekend! Woofer

 

Answer the lawsuit and add all defenses including SOL. Now go into discovery and ask for a complete account of this alledged debt from its inception including all charges made, interest calculated, etc, until present day.

hxxp://bulk.resource(dot)org/courts(dot)gov/states/Ohio.Ct.App.04/2004-ohio-623.pdf

Seems Ohio has Appeals Court case law saying the JDB needs to produce all of that if asked in discovery. Ha, what JDB like Assset has access to that info? And if they by some miracle do since it is the business records of the OC it is not useful unless someone from the OC testifies as to it.


Seems I can't post links, so take the (dot) outta that and replace the XX with tt and it should work.
Good Luck!!!!

 

Where does that case say that? Is that case good law? Dumb Bob finds the following:

Summary judgment is done usually with affidavits. Often one side will assert some sort of claim that documents are business records. Some of them ARE business records. Dumb Bob knows of no rule that they have to be the business records of the specific business making the assertion. Each state has its own rules but generally they should be created on or about the time of the occurrence and should be relied upon by the business. They should not be created for litigation.

It might be a good idea to look at the Ohio rule and the case law surrounding it.

 

Thanks Bob, that reminds me to let the OP know he needs to enter a personal affidavit of his own. A graduated denial of the charges. Here is another link from a debt collector (former) attorney. See summary judgement cannot happen if there are triable issues of law or facts. An affidavit from the JDB is to be stricken as 3rd party heresay, however, an affidavit from the OP has more weight as he does have personal knowledge or lack thereof of the issue.

heck, can't even obsfucate links now.

STEP TWO
The second step is to file a SWORN DENIAL. This step is vital, especially if you don't owe all the money for which you are being sued. Don't lie to the court; if you owe the amount in question, you cannot deny the debt. However, seldom does the collection attorney sue for a correct amount. I'll explain why in another article, but for now take it on faith that seldom can the collection lawyer justify in an accounting the complete debt sued for.

The sworn denial is a simple statement filed with the court once you are sued. This needs to be a statement in WRITING that you FILE with the court where you have been sued. It can be a simple statement, but it needs to be typed, signed, notarized, filed with the clerk of the court, and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, "I deny that this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount".

The sworn denial is a powerful tool! It eliminates the Sworn Affidavit of Account that the collection attorney has. The vast majority of collection suits proceed without a witness for the creditor. The collection attorney enters an affidavit, signed by the creditor, that the debtor owes the debt and that this is the amount. With that affidavit in hand, the court gives the creditor a judgment. When a sworn denial is filed, the debt collection attorney cannot rely upon a sworn affidavit of account, but must instead produce a live witness to testify about the debt. The requirement of a live witness changes the dynamic of the collection action considerably. The likelihood that the action will go no further now increases again.

 

A summary judgment is usually based on documents and affidavits that are included with the complaint and/or summary judgment. So these might include affidavits from someone claiming to have personal knowledge about the alleged debt, and some documents such as billing records or statements of account that are claimed to be "business records". This is usually considered enough to get a default judgment. So if the defendant doesn't show up, the game is over pretty much before it starts. This is the usual way things go.

If the defendant shows up, occasionally some judges might allow some testimony but Dumb Bob wouldn't count on it. Often the defendant will tell his sob story, which isn't relevant to the court, although it's usually very sad.

If the defendant wants to engage the plaintiff, the defendant should appear and answer by following the court's rules. Then when the summary judgment is filed, the defendant, if he wishes to continue to engage, should continue to follow the rules, filing proper written responses to the summary judgment papers, perhaps even his own summary judgment argument. At no time should the defendant waste time telling the court about personal problems that are not valid defenses.

Anyone choosing to engage should know that the valid amount of attorney's fees that can be charged if a contract allowing them is later considered properly admitted and in force increase the farther the defendant takes the battle. So it makes sense to consider that and consider if it might be possible to exclude whatever the plaintiff is insisting is the supposed contract. This is also relevant to whatever interest rate the plaintiff claims it can charge. It might not be technically legal, although Dumb Bob takes no position on this here, for example, to use the federal banking preemption of state usury rates if you are not a federal bank. How this works may be state specific.

 

I think this is too wordy and the judge just wants THE FACTS. Think of it this way, you want to get your facts across in the first few minutes, anything longer and you lose the focus. Woofer

 

Dumb Bob thinks you should lay as low as possible while still getting the job done. You don't need to become an example or make anyone angry. Your goal is to win your case, not change the world. If you change the world, for the better, that's great too.

Dumb Bob has no opinion about what you mail off to the attorney general or the BBB, he however thinks that your appearance and your answer should follow the rules of your court. In modern courts in the US, often you are supposed to provide the other side with notice of what your defenses are, of generally what your claims and counter claims are. You are supposed to state what your affirmative defenses are. In the latter case, if you don't do that, you can actually lose them as arguments. You are also supposed to respond to the complaint. What parts are you agreeing with and what parts don't you agree with?

Remember that a defendant is supposed to send everything to the other parties who appear, e.g. to the plaintiff, that is given to the court. Not everything that goes to the plaintiff has to go to the court but an appearance and answer should.

Check the rules for time when you use the mails. Sometimes using the post office requires giving an extra number of days that would not be needed if the materials were delivered via some means of instant service, like handing them to the other side or e-mailing or faxing.

Don't use other means of service without making sure you are following the rules. For example, e-mail can save you a lot of money but you might need to make an agreement with the other side and the court to allow it.

 

If it were me, I would file an answer to the summons with a list of affirmative defenses. Save the rant for the local bartender (or here, if you'd like). If you'd already sent a rant to the court, I would quickly file an amended answer (if that's allowed).

The problem is, from what I understand, any statement in the complaint that is not correctly denied is deemed admitted as fact and not under dispute. So, while your rant might have provided some brief emotional satisfaction, it might have just give them the case. If so, they can now file a motion for summary judgment, where the judge will look at their complaint, your answer (i.e. rant), and see that you didn't (correctly) deny anything they said, so you must agree with each and every claim made by the plaintiff (CA). Therefore, you agree (by not disagreeing) that their claim is correct and they deserve everything they are asking for.

Judgment for the plaintiff. Pay up.

I would try to get that rant back from the court or file an amendment before the CA moves for summary judgment.

 

Let me just say this... You may say you are not going to pay what they want, BUT if the judge finds for the plaintiff they CAN and WILL make you pay ... They can attach your bank accounts, take your vehicle, make you sell your home and or garnish your wages. Of course if you have nothing then you won't be put in debtors prison, UNLESS of course you do not answer the warrant. ; ) You really need to know how to do court so you don't get screwed. While your letters to the AG and your spouting forth against the JDB may make you feel good it AIN'T gonna win your case. Woofer