We are being sued by Asset Acceptance for a debt we have over paid!

If any of you are going to file Bankruptcy, you have asset accounts. You can get those thrown out of the bankruptcy because they either dont have docs to prove the debt. Majority of the Asset Accounts are past stat for the bk. All you have to do is Have your attorney to call and tell them its past stat and if they do not withdraw the claim you will file an objection with attorney fees. Then asset will withdraw the claim because they dont want to lose and have to pay attorney fees.

I just received a letter from Asset Acceptance LLC contending that I owed $1,600 relating to a Circuit City credit card. I not only never had a Circuit City credit card, I never purchased anything from Circuit City on credit of any kind. They offered to settle the account for $340. This is just plain fraud.

OK guest what you need to do is format this letter to your needs and send it to Asset Acceptance LLC. Send it certified mail return receipt requested. Do not sign the letter only type your name. Also check your credit reports to make sure they have not placed this alleged account on there.

Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,

I got a call from this place today, and I let it go to voice mail because I thought it was a sales/telemarketer. And it was someone from this place with a call for my husband. It was a "canned" call, and didn't say WHAT or WHO they were calling for. We don't have anything in collections at all so I am clueless what this is for unless it could be something from our bankruptcy over 8 years ago..... After reading through some of this stuff, I wonder just HOW LONG AGO it could be. Even though you put things in a bankruptcy, some places still try to collect from you. I have not gotten ANYTHING in the mail. And I REFUSE to pay ANYTHING without documentation. So I guess I'm going to wait and see if I get anything. My husband AND father in law had the same name (my FIL passed away several years ago) and we got all kinds of calls from people looking for him and his number was unlisted. I've even gotten calls from people looking for other people with my name. You'd think a place like this and others like it would put more into searching for someone than just looking them up in a phone book....

So do they have to provide documentation? I am NOT paying a bill or ANYTHING that I don't know what it's for PERIOD.

If the debt is prior to the bankruptcy 8 years ago. Than they cannot collect on that debt. Because that debt should have been included in your bankruptcy. If they original bill sold the account after your bk than asset is not notified of your bk. Also I would ask for documentation with your or your husbands SSN. I will say they probably do not have any documentation on your account. It could also be you Father in law debt prior to his death. expecially if he has the same name as your husband. In that case all you have to do is call them inform them of date of death and they will send it to probate and they close out the account.

To add to what the above guest posted, most likely, depending on your state, if the alleged debt is from 8 years ago then the statute of limitations has probably passed and they really can't do much anyway. If they try to sue you, you can not only have their case dismissed but you can file a counter-claim against them for suing you when they legally can't AND if it was discharged in bankruptcy, you can get them on that too..

That would make some good money for you with the right attorney or you could do it by yourself, which can be tricky.


What state do you live in so we can check the SOL?

Never pay debt collectors, pay who you owe, unless the Statute of limitations has run out. Collectors can't remove the debt from your credit report, so do not under any circumstances deal with them.

CA's can remove their own tradelines but have no control over what the OC reports. Your first sentence makes no sense. Expiration of SOL does not extinguish the underlying obligation.

I recently received a phone call from them, when I called them back it was about a credit card from a bank I never heard of dating back 12 years ago. I never used credit cards back then, only debit cards. In fact I didn't start using credit cards until last year. My research shows that this bank went out of business almost 10 years ago and has many, MANY fraud claims against them.

I started to also research Asset and not liking what I see on these bottom feeding scam artists either.

I sent Asset the same exact letter in PT's post and I did not sign it (no not because she said not to) because I don't trust Asset and didn't want to give them an example of my signature to forge.

I wish them luck in validating this debt though as the bank is no longer in business to begin with.

One must wonder though, when/how the heck did they get this?

hey. easy way to handle them.
keep the guy on the tellie as long as you can.
in my case, just talk about all sorts fo things. then, get him to give his real name. let them know the fella is no longer there.

then, call corporate no. let them know you would like the call recorded for legal action, as you were being called a number of times from whatever office.

give them the number. they will take it off.

solved.



gramps.

dont get mad,
dont get even -

W I N !

just curious. some one posted that you don't sign the debt validation letter? Why is that?

I am writing from personal experience with asset acceptance, not gonna lie i know where my debt came from and i was upset with all the interest that had come up so i called an negotiated with them and as long as you offer to do check by phone or credit card you can get up to 50% off on your account if you stay firm on it...i settled an account i owed 16763 for 7521.00 and i was able to get a paid in full letter the next month...i know that they did call me and send me mail a lot, but its not like they did not have a reason to do so, now since then they reported my account paid it helped my credit tremendously!! so just be firm but not mean...they will work with you...oh and also they did let me make monthly payments on that settlement!!!

Sassy, you don't sign the DV letter because it is easy to forge your signature to other documents.

Guest, you can now expect the balance to be sold to another JDB.

Reported Settled in Full will not help your score. I'm sure this is an Asshat employee post.

reading the entire post.i'm sure of it nascar.