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#17
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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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#19
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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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#20
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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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#21
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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. |
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#22
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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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#23
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Yes, file a Motion to Dismiss due to Improper Venue (ask the court how).
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