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Posted: Mon Jan 28, 2008 2:45 pm Subject: Asset Acceptance--Please help!!!

I just received notification from my corporate office that Asset Acceptance received a court order to garnish my wages. Other than one phone call from them where the demanded payment for a Bally's Acct, I have not received anything. While on the phone, I asked her for copies of any paperwork to be sent to me which she refused.

The judgement date on the court papers is from 2003, but I cancelled my Bally's membership at least 8-9 years ago.

What recourse do I have??? How do I put the wage garnishment on hold and dispute this???

Any help would be greatly appreciated.

Posted: Mon Jan 28, 2008 11:19 pm Subject:

Find out when and where they were awarded a judgment. There are time limitations for appeals.

Posted: Tue Jan 29, 2008 7:16 am Subject:

Don't you have to be served for this type of thing? Sounds like smm wasn't even served...there is recourse for that..can't you goto the court and tell them that you were not served properly?

Posted: Tue Jan 29, 2008 5:34 pm Subject:

hi--

What state do you live in? Laws are different in each state. If you never knew they even filed suit, then you can argue that due to improper service the judgment should be vacated.

You need to find out what court this court order came from. It also seems rather strange to me that they would wait five years to enact a court order--they didnt file a suit because they were prepared to be patient about getting money from you. That makes no sense to me, but thats just my opinion.

Also, if you have a copy of the bally's contract still, you can point out the terms and conditions that applied at the time, and compare them to your actions on that account. I dealt with Bally's too, years ago....I joined their club and then not too long after I was diagnosed with cancer. So I cancelled my account with them too, and it took me a few years of battling with them over it to finally get them to admit their mistake and close the matter.

But find out what county the court case was actually in--you might even find that it was improper venue if it wasnt where you lived at the time it was filed. Once you find out the county, you should also check with the court clerk's office there--it is possible that they dont actually have this court judgment.

Once you check to make sure that there even was a lawsuit, get back to us. If there was one, let us know what county and state it as in, and if you lived there during that time. They can only file in two places--the county where you live, or the county where the agreement was first signed. So, at this point you most likely have at least the grounds of improper service. But again, that depends on your state--laws are different. When you provide this info to us we can give you more accurate answers.

corkybear · Posted: Wed Jan 30, 2008 9:38 am Subject: ...

I use to handle legal garnishments for asset and ballys accounts are the worst for cunsumers to try to argue out of bc of the contract you signed with them. its been a few years but I believe they have access to the contracts. I'm surprised they didnt try to contact you in some form prior to judgement. as for garnishments all we had to verify was your employer and that you make at least $300 per week. when I was there they stressed helping people out so speak with a legal collector to see if you can work out a payment arrangment or even a settlement with a tax refund?? if Mr Ramos is still the sup for legal speak with him. unfortunatly with that company each collector does have a minimum amount of lawsuits they must submit as part of their bonus structure.

no nonsense collector · Posted: Wed Jan 30, 2008 11:21 am Subject:

This what happens when you owe money. They need to attach your bank accounts, too.

Posted: Wed Jan 30, 2008 11:26 am Subject:

do yourself a favor and stop posting if you have nothing relevant to say. If you had any clue about how Ballys has screwed up over the years, you would know the score. But you dont, so please, let's not try to invent intelligence that we dont actually possess. Depending on the time frame, Ballys most certainly did have a provision on some of their contracts that allowed a customer to cancel without all of this nonsense. So, people cancelled, and then Bally's didnt even follow their own contract!

Let's get educated, I seriously dont think that's too much to ask.

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