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I have no proof ! What can I do ?

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PostPosted: Thu Apr 17, 2008 2:33 pm

I started receiving letters from Asset Acceptance this year, with offers of like it's St.Patrick's Day so we're offering you to pay only HALF of what you owe if you make that payment and so on. I was foreclosed on my home in 2002 due to alot of reasons, and I had set up payment plans with all my creditors to pay off my accounts. Problem is, I lost the papers when the house was closed up by the sheriff's office so I have no proof, but I did take care of my debts, just not the house . I believe the SOL is 7 years (it was in New York)
and it's just about 1 year left. I have moved to another state and am getting my life back together. I don't want to update my credit report, as then they will have verified proof of where I live. I do not need credit so it is OK. What should I do about Asset Acceptance, if I write them a letter, I am confirming my address, which I do not want to do. Any suggestions? Thanks.

muray5791



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PostPosted: Fri Apr 18, 2008 3:15 am

Go to the post office in another area and get a P.O. Box to use as your address.
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PostPosted: Fri Apr 18, 2008 3:26 am

What is AA collecting--a deficiency balance on the mortgage, or credit cards and the like?
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PostPosted: Fri Apr 18, 2008 3:40 am

First off, SOL applies in the state where you live. If you don't live in New York anymore, then New York's SOL [6 years, BTW] no longer applies to you. You can check your new state's SOL here.

Let me ask you some questions, if I may...

1 - What state do you live in presently?
2 - What kind of debt is Asset trying to collect?
3 - Do you remember when was the last time you made a charge or a payment on the account?

It seems that they already have your address, else you wouldn't be receiving their letters. In your position, I'd hit them with a demand for validation immediately. There's a good template here. Send it certified mail, return receipt requested, and be sure to imclude the enclosure [FTC opinion letter]. Unless there's more to this than was in your post, the burden of proof is on them, not on you.

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