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11-30-2006, 12:46 PM

A hit showed up on my CR from Asset Acceptance for an old Providian account. The Original creditor Providian is showing up also with an amount for $3700.00. The account was charged off around 2001. Asset Acceptance has this account now and has the balance as being $7000.00. I need some guidance in handling this problem. Please help me.

jloomis_1 · 11-30-2006, 03:31 PM

I too was getting calls from these people, at work. The man was very rude and hateful to the receptionist on several occasions, but she made a game out of his phone calls, would never say who he was with, so we gave him a code, next time he called he was told he was being put through to me and the legal department got the page about a code 9 being on the line and he got them instead. He wasn't such a smart a** then. Haven't heard from them since

12-01-2006, 11:28 AM

In November of 2005 my husband and I were served with papers from Asset Acceptance to appear in court on an old debt that was not valid. I did not have the original paperwork on it as it had been over almost 7 years since it had happened. I talked to an attorney who told me that there was really nothing that could be done since I did not have the original paperwork to prove otherwise. So I did nothing and a judgement was entered for $1998 plus court costs. In January these crooks then applied a request to seize property and the sheriff's department came and took my car. I borrowed the money thinking I had no other recorse and paid off the debt to get my car back. In May I received a letter from the court that was also sent to thier attorney and it said that the money was released to Asset Acceptance. I thought everything was taken care of and that I had nothing else to worry about. Then on November 15th they went back to the court and requested a Garnishment of my income tax refund FOR THE EXACT SAME DEBT!!!! I went to the court and filed an objection as the day that I received it was the last day that the objection could be filed. The court gave me a supervisors name and phone number at Asset Acceptance and said to call them and find out what was going on because they had never filed a Satisfaction of Judgement. When I spoke to this man he told me that I was lying and that payment had never been received. I let him know that I had a true copy from the court that it had been paid and to give me thier fax number and I would fax it to them. He told me that they don't have a fax machine. HA HA!!!! I suggested that he call the court and try to settle this to which he replied that it was my responsibility and not his. When I went back to the court yesterday they told me that there was nothing they could do and I would have to be at the court at the time scheduled. I know that Asset Acceptance has my money and am now hiring an attorney to countersue them and see if I can get my money back plus damages from the origanal judgement if they will let it be vacated. Any suggestions on what else to do?

01-10-2007, 09:57 PM

If any of you are located in the state of California and need assistance in dealing with Asset Acceptance or any other collections company, you may contact my office at 562.498.9735. I can not help non-california residents, but the Fair Credit Reporting Act has very strict laws regarding the actions of these collection companies. In general, and every case may be a little different: The date of last activity is when the consumer stopped paying the original creditor. Most collection companies won't bring suit over very small amounts, less than a few thousand dollars, it isn't worth the legal cost. But, what they do do, is they will continue to move the date of last activity to continue to damage your credit scores. This is a violation of the FCRA and under this Act, if it can be shown that the collector show "reckless disregard for the rights of the consumer" you can meet the definition of malice under the 9th Circuit's interpretation of the law. You can be intitled to actual damages, paying a higher mortgage rate, getting turned down for credit, etc. and you can get punitive damages if there actions are found to be wilfull.

Please contact my office is you would like to discuss these matters further.

01-12-2007, 08:31 PM

I received a letter from then stating that they are collecting a debt from 25 years ago! I don't believe I even had the debt but if I did, can they actually file this and put it on my credit report? I'm in Florida.
I called them and they used typical high pressure tactics ( ie: talking over me, telling me I have to pay up etc ) and I told them I do not owe any such debt and hung up.
Isn't this against the law???

03-31-2007, 12:26 PM

my husband got a letter completely out of the blue from asset that says he owes 32,572.97. we have absolutely no idea where we couldve spent 32,000 dollars! i drive a 1983 datsun we live in an apartment, and our kids are grown! there is no way we could owe this amount of money!

04-10-2007, 09:29 AM

looking 4 phone number 2 call you about a debt on my credt report

05-04-2007, 09:57 AM

:twisted:

06-11-2007, 04:54 PM

hi, my name is Juan, and I am trying to get a phone number to pay off a det I have with AAC can you give me a phone number where I can't talk with someone?

Thanks

08-21-2007, 07:42 PM

AACC has been trying to get money from me for at least 8 years. I throw away what they mail and don't answer when they call. I admit, I did have a membership at Bally's-in 1997, and didn't pay. My $300 debt is now $1000 I don't think they have ever put anything on my credit report, but they look at it periodically. In a recent letter they stated, "now would be a great time to pay because you are looking at buying a home or refinancing." We are looking at refinancing in a year, we have to. I'm fine ignoring them, I just dont want something on my credit report when I'm refinancing.
Please Advise,
Lucas

02-15-2008, 06:45 AM

These are a real pain! I have set up payment plans and they cash the payments and now they have a request for garnishments on my wages & taxes. If they accept payments & cash them can they do this?

JCEMT · 02-15-2008, 06:55 AM

They cannot garnish your wages without a judgment, which means they would have to sue you and win.

Tax returns are even more difficult as there are more exemptions. Additionally some states have laws that prevent garnishment.

02-15-2008, 07:02 AM

They already hit my checking account in Aug. I set up payments in Jan 2008 over the phone and they guy yesterday was rude & so much as called me a liar about the payment. They mailed the writ to my place of work on the 13th of Feb after they accepted the 1st 2 monthly payments. I agreed to send them $100.00 per month on the bill.

JCEMT · 02-15-2008, 07:07 AM

They had a writ of execution?
I'm guessing you were sued then?
Did they Serve you?

02-15-2008, 07:08 AM

regular mail

JCEMT · 02-15-2008, 07:10 AM

If they sued you and obtained a judgment followed by a writ of execution and if your state law allows then yes then can garnish your wages (up to 25%) garnishing tax returns are another matter that I'm not entirely familiar with. If you can bare with me someone will be along to answer that.