Someone please help!!! Last year I sent a validation letter to Asset Acceptance for a supposed debt through Providian. I never got a response, so I sent a 2nd letter. Again they could provide nothing. I sent copies of the letters to all 3 CBs along with a letter disputing the debt. I received notice from all 3 stating that the entry was removed. Asset kept harrassing me, so I sent a cease and decist letter to them. I started getting phone calls from another company stating that they were collecting for Asset (cant remember their name right off and I am at work right now) I told that company that this debt was disputed with Asset and they could not provide proof of the debt. They called me a professional debtor and hung up on me. I have not heard from them since. Well today my 12 yr old daughter calls me and said Im being sued. I asked what she was talking about. Appearently there was a summons on my door to appear in court with Asset Acceptance as the plaintiff. Can they do this? What do I need to do Please someone help!!!
Well to you answer your question, yes they can. Is the debt out of SOL? If it isn't that is why they are probably suing you. Service of process can be served as long as the person on the Summon is at the address. If they know you live there they can just leave it and say that it was served. They can even leave it at your door if they know its you without giving you the summons personally. I know because I have been in the law field for over 15 years. I would answer that within 20-days or they will get a default judgment on you. AA is famous for this. They like to prey on the weak. you could file a motion to dismiss based on the fact that you have tried to have this validated and no validation has been received and that you do not know if this is your account. As Exhibits attached your letters to the motion to dismiss. Be sure you file a notice of appearance. Is this is small claims, circuit court ?
