Being Sued by Debt Collector For Written Contract
I am being sued by Asset Acceptance LLC for a loan that was a written contract in Kentucky and they have filed for summary judgment with a court date next week. I have asked them to produce the written contract via Interrogatories, Request for Production of Documents and Requests for Admissions and thus far they have not sent anything with my signature saying I owe the debt. They have only sent information showing they are an assignee of the original debt.
Their answer to the request for written contract was as follows:
"Plaintiff is not the original creditor and does not currently possess all documentation associated with the account. Plaintiff will attempt to obtain additional documentation received from the original creditor and will provide said documentation upon receipt."
What should my course of action be at the summary judgment hearing? I have filed an Defendant's Memorandum in Opposition To Plaintiff's Motion for Summary Judgement stating they have not proven the debt is mine by providing the original written contract.
Also, Can I use 371.050 Assignee to aver consideration -- Amount recoverable to only pay the amount that the debt collector paid the original creditor?
It states the below:
In an action on any assignment of a writing, the consideration for the assignment shall be averred. The plaintiff shall recover no more than the consideration actually paid by him for the note or assignment.
Effective: October 1, 1942
History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 475.
Thanks for your help.