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Sub: #17
Replied on 12-20-2007, 05:04 AM
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Make sure you save that envelope with the postage date on it. That will show the judge that they sat on it until after the trial date. The judge should vacate the judgment since you were not serviced properly and the judge may even dismiss the case with prejudice, keeping you from getting sued again. But he big thing is, go talk to the judge that had overseen the case and show him the summons/envelope, and let him/her know what happened.


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Sub: #18
Replied on 12-20-2007, 03:44 PM
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the summons didn't come by mail. it was put in my mail box with no envelope. how will I be able to prove that.. it seems like a good tatic on their end.. they get the judgement and I can't even prove when it was sent to me.


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Sub: #19
Replied on 12-20-2007, 04:02 PM
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Talk to an attorney first, they can speak to the judge on your behalf. You haven't got much to loose. Or talk to the judge yourself. I would suggest using an attorney though. Also, they cannot put anything in your mail box, that is a federal offense. Only the United States Postal Service and the owner has the right to put anything into or take anything out of a mail box.


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Sub: #20 Asset Acceptance
Replied on 03-27-2009, 08:03 PM
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I am a former employee of Asset Acceptance. I don't know if this will help you out, but on April 1, AA is set to lay off around a dozen employees in the Compliance/Legal department. Many of them are expected to be workers in the Quality Assurance Department. In other words, these are the very SAME people who are supposed to be monitoring the collectors so that they will not continue to violate your rights!
Also, you should all know that people in the QA department have REPEATEDLY complained that their reports against offending collectors have gone unanswered! In other words, the QA folks say, "Here are the violations we found!" and the supervisors and various powers that be basically say, "We can't hear you!"




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Sub: #21
Replied on 03-28-2009, 10:02 PM
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You can also check with the court, it should list exactly how, where and when you were served. You especially need to speak to a lawyer and at the very least speak to the judge about it....I would turn them in for dumping the summons in your mailbox..JCEMT had the right of it..very very big and illegal no-no..they can't -touch- your mailbox.

When you get it sorted out with the judge, I would send a DV immediately AND you should sue (or countersue) them for being deceptive about this whole thing.

Anonymous
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Sub: #22
Replied on 06-13-2009, 11:25 AM
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i just got a paper yesterday stating that "asset acceptance" is about to start garnishing my wages! this is the problem i NEVER knew i was being sued by anyone&icalled the court where the garnishment was ordered& they where sending the court notices to an address that i have'nt lived at for a year!! so does anyone have a idea of what i'm suspose to do now i am a single mother making mimumin wage,it's hard enough to make ends meet now i don't need them to take the little money that i get!!!! By the way i'm in the state of Indiana.



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Sub: #23
Replied on 06-14-2009, 11:39 PM
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Yes, file a Motion to Dismiss due to Improper Venue (ask the court how).


Milwaukee
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Sub: #24
Replied on 08-17-2010, 02:12 AM
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Asset Acceptance will lie and pull out every dirty trick in the book. Same for the lawyers that represent them.....Kohn Law Firm, Milwaukee is simply a bunch of criminals.

I an planning to initiate a class action suite against all of them. This predatory attack on people that are already in trouble needs to stop.

darcyag3
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Sub: #25
Replied on 02-22-2011, 08:21 AM
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hi i got a huge problem and need help.
asset is trying to collect a debt that accured after i was in an accident in 2001 and the credirot refused to inforce my insurance i was payign for incas e somthing like this happened. now i got a judnment in the system against me... and this account is an sol. why beyond it...
is there a way i can get this off my credit, i offted the only money i have 350 to settle and they wont.
they want the whole 932! i was like wow. and hung up.. they just refused payment
on this account and i know by law cuz i use to do collections by doing soo they just null envoided thier claim am i right? its now 2011 this account should not even have made it before a judge. i live now in florida and have gotten nasty calls.. very nasty...
so waht can i do?
inofferend they refused.. does that mean this debt is cleared and can i get it reased off my credit reoport
Removed your email for your safety--Goldenbast
please only send seroius answers all others will be deleted.


Last edited by goldenbast; 02-22-2011 at 08:41 AM.



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Sub: #26
Replied on 02-22-2011, 08:47 AM
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No, the debt is not cleared. Any creditor or CA is under no obligation to accept any amount lesser than the original amount owed....you offered a 'settlement' and they refused.

I do not understand what you mean by the creditor refusing to enforce insurance, could you explain that in a little more detail?

Unfortunately, if you have a judgment, then the SOL on that is 20 years with an option to extend. If the debt was SOL when you were sued, you needed to have raised the SOL as an affirmative defense.




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