I am going to court with Asset, I was sued by them for a charge-off. I just want to know what to expect, what to say, bring, etc. It is just within the SOL, but, this account had been sold at least once before Asset ever got it, and I don't expect them to have what they should documentation wise, but I didn't expect it to get this far either. I had requested all the required documentation before and never received it (original signed contract, accounting history, etc.), both from Asset and from the attorney when contacted by them. On my credit report however, from 2002, it states under the Asset heading that they were "unable to locate the consumer" with regards to this debt. Basically all I have is that, and the copies of requests for validation I requested on two different occasions. I am no "legal eagle", and don't want to show up blowing a lot of hot air about things I honestly don't know a lot about, but can someone just give me some basics, like what do they need to have to satisfy the court, must it be original documentation, or copies, etc. I probably sound like an idiot, but I did file an answer to the court stating the above, and want to appear somewhat intelligent when I go. Thanks so much.
I'm no "legal eagle" either, but reading through your post here is what comes to my mind...things I would question of asset in front of the judge. #1. You sent them validation letters (i'm assuming c.m.r.r., so you know they did get them)which would obviously have your contact information on them so how were they "unable to locate you"? #2. They were unable to locate the consumer regarding debt, but they were able to serve you with court papers? #3. They were unable to provide you with the proper documentation (which you are entitled to per the law), however, they have this information readily available to the court? #4. I've recently discovered "asset" and their form of validation for me was an Asset Computer generated statement showing balance owed, interest/fees, total and original creditor. No history, no dates, no service performed. That is not acceptable. What state are you in? Did their attorney contact you?
Re: Going to court with Asset, advi I am in Georiga. I admit that I had been negligent in my review of credit reports, and first received coll notice from another CA, and disregarded it. I never to my knowlege, received anything from Asset in the mail, and though I don't understand why they couldn't locate me, it makes sense why I didn't receive anything. I got notice from the attny last summer, and sent request for validation. I did send it CRRR, but can't find my green card to have for the court. I have a copy of the letter I sent to the attorney requesting validation. Also in the meantime, and since I was served, I have gotten two settlement offers from this attorney to settle the debt. Another issue is that I have been confused with another person with my same name who lives a couple of counties over. This happened with Discover Card calling me asking why I was late on payments, and I don't have a Discover Card. I know that each judge will consider things differently, but was trying to "weigh my odds". Basically, I have: Credit report dated 05/2003 with Asset listed as coll. account "unable to locate consumer" with letter to Equifax disputing on this basis. Dated letter from July of 2004 requesting validation from attorney's office, as never received anything from Asset regarding this. Never received validation from attny. When I get to court, we will be asked to meet together to try to work something out before going before the judge. Is he required then to "show his hand?"
Re: Going to court with Asset, advi You mention the Discover Card case which was a different party with a similar name. Do you believe the Asset account is someone else's account?
