Being Sued by Debt Collector For Written Contract

by Jeff
(LEXINGTON KY)

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.

Comments for Being Sued by Debt Collector For Written Contract

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Sep 11, 2012
written contract
by: Anonymous

Does it have your name or account # and is it notarized and are they certified with the state?
Statue of Limitations

Jan 11, 2011
wow, im not as lucky as you are.
by:

i was called by a company called Wheycor Capital Group in New York. they requested payment for a debt of 2,000 dollars from a creditor i dealt with some years back. I disputed the debt and asked for documents proving the debt was mine. Unlike your collectors, they called back the next day as we planned, asking how do i want the papers sent to me. i received an email with the documents proving my debt, as well as a follow up hard copy in the mail. I wish i could have been as lucky as you. I was able to record the conversation.I played it back to a friend of mine, who read alot about collection companies and the rules protecting consumers, to find out if they were saying things that i can get them for. He said that they were on the up and up. i dont want to go to court i guess i should settle? You seem to know about legal matters. do you think i can fight this?

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