Ok here is the deal. I am in Oklahoma. An old credit card that charged off NOV 2004, has passed there debt on to Asset Acceptance, then they hired a local attorney LOVEBEALNIXON. They sent me a letter on July 28th 2009, very vague stating you owe asset accept. Said amount. The letter did not advise me of time limit, but simply said "Limited time offer", it also did not mention a law suit. I kept the letter and ignored. I searched the county court records this week just to make sure, and to my surprise, they filed suit on August 31, 2009. To this date, I have not received a summons or petition, but the petition, was avail at clerks office. So I picked it up today. What do I do next, Validation letter?? Or do I answer the petition, even know I have not been served yet? A judge has been assisgned but not other court happenings, besides petition so far. Thank you for your help.

Is the debt yours? That would be your only defense in court. If it's yours, its in your best interest to settle before the court date. You WILL lose and will lose for the full amount plus legal fees.

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Originally Posted by stevetcg

Is the debt yours? That would be your only defense in court. If it's yours, its in your best interest to settle before the court date. You WILL lose and will lose for the full amount plus legal fees.

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Well I was under the impression, that I could DENY, on the basis of no proof. Where is the written document I signed for this debt, and techincally non written contracts are 3 years SOL and 5 years for written. The amount is not that big and attorney fees are only 200 bux... I am not afraid of losing, but I want to win, basically get it dismissed based on no evidence.

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Originally Posted by jbholt1

Well I was under the impression, that I could DENY, on the basis of no proof. Where is the written document I signed for this debt, and techincally non written contracts are 3 years SOL and 5 years for written. The amount is not that big and attorney fees are only 200 bux...I am not afraid of losing, but I want to win, basically get it dismissed based on no evidence.

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If they didn't have evidence, chances are they wouldn't have filed. Particularly if its not that much money.

You sure its only 5 years on CC debt? Most states are 7. What state do you live in and when is the last time you paid even 1 penny on it?

You can deny on the basis of no proof... but again... probably won't see a court if they don't have it in the first place. First things first... wait to be served.

Nvm - I just saw you are in OK.

Ok... its 3 years. If you are outside of the SOL, that's your defense.

http://www2.lsb.state.ok.us/os/os_12-95.rtf

And finally - this is an interesting read on the topic...

Statute of limitation for credit card debt, all 50 states