I live in Michigan.
This past Sunday, I was served a Summons and Complaint filed by Asset Acceptance, LLC., who "bought" the alleged amount owed from Providian (it showed no open date or last payment date from Providian, just the entry from Asset Acceptance.). I checked my credit report and it shows that the the account was opened 06/2004 under Asset Acceptance, not Providian, who was shown only as the original debt.
This is the 'Verified Complaint Account Stated':
1 - That the defendant resides within this court's venue and venue is proper in this court.
2- That the amount in controversy is within this court's jurisdiction.
3- That the Defendant(s) had an agreement for a credit card, originally with Providian bank,
4- That the Defendant(s) have defaulted in payments on the above mentioned account, said account being shown in the attached, marked Exhibit "A" and made part hereof by reference.
5- That the Plaintiff purchased the account shown in Exhibit "A" and was assigned all rights to the account in the normal course of business.
6-That the Plaintiff has made demand but the Defendant(s) refused to pay and continues to refuse to pay.
7- That there is presently due and owing over and above all legal counter-claims the sum of $2125.50
8- That the Plaintiff requests judgment for the $2125.50 plus interest, cost and attorney fees.
Their Exhibit "A" is an affidavit of account signed by their Legal Manager and notarized.
I have a couple questions:
First, I have never done any business with Asset Acceptance nor signed any contract, etc., with them. Their "exhibit "A" is simply a notarized statement from one of their employees that says I owe them the money.
Second, if Providian charged off the debt, is there legally any basis fro trying to get money for a thing already done, i.e., Providian would have written off the bad debt and taken the tax break, so how can Asset claim to "own" the debt?
Third, for how much did they buy the alleged debt? And wouldn't I only be liable for that?
I'm stumped as to how to file an answer, as I have found I need to do, and through searching I found that there are several things I should do,e.g., discovery, answer, motion to dismiss because its a frivolous lawsuit, and so on.
I have found no clearly worded information as to how I would go about doing any of that, including where and what forms to get and how and where to file them; number of copies, how served, etc.
Can someone help me, please? Thank you very much in advance to anyone who takes the time to respond.