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cantwinatall

I recieved a summons stating that I am being sued by asset acceptance llc. I do owe them but I can not pay them at this time. along with the summons there is a letter stating that I can call them to arrange for a mutually agreed payment arrangment, yet I can't do that either because I can not commit to anything at this point.

so my question is, what is my first step in handling this?? I have no idea what to do. I have read and re-read the damn papers over and over again its all legal jargon that does not make sense to me. all I know is that AALLC is suing me and that I have to attend a collection case review hearing in 4 months.

what paper or papers do I have to file before this hearing??? I don't understand any of this. I"ve been to my local court house website and It's no help either... I just need to know if I have to file a paper before this hearing or do I just show up to the hearing... I can not afford to hire representation and I am thinking about just ignoring this all together an let them win by default because either way I have no money or assets they could take. my personal life is a mess right now.. my husand has been going to doctors to help treat his anxeity disorder and my dad died a few months ago which I have to come up with a few thousand dollars to help with those expenses..this is the last thing I need right now..please somebody out there help me!!!

Posted: Tue Dec 11, 2007 4:31 am Subject:

What state are you in?

Who is the attorney representing Asset?

Broncoquen · Posted: Tue Dec 11, 2007 12:41 pm Subject: Asset Acceptance Corp.

How much do you owe? It must be more than $5K because generally, less than that they won't sue you for. You have to file an "answer" to the civil complaint against you. See the info below. If you do not file an answer and they get a default judgment against you, if you are employed, your wages will probably be garnished. When all is said and done, it costs around $300.00 to file an answer, I believe. You can file your answer (and get the forms) at the District Court Clerks office where the case was filed. I hope this helps.

WHAT IS AN ANSWER?
An Answer is a written reply to a Complaint. The Answer is the Defendant’s chance to explain its side of the case to the Court.

After the Defendant is served with the Complaint and Summons, the Defendant must file an Answer within 20 calendar days.

An Answer form should be attached to the Complaint and Summons. Answer forms are available at the court clerk’s office.

WHAT SHOULD BE INCLUDED IN THE ANSWER?
In the Answer, the Defendant should state whether he or she admits or denies the Plaintiff’s claims made in the Complaint. The Defendant also can include any explanation or defense it may have to the claims. The Defendant should provide a current mailing address. A copy of the Answer must be mailed to the Plaintiff and all other parties involved in the lawsuit.

In an Answer, the Defendant may request a jury. The Defendant also may file a counter-claim, cross-claim or a Third-Party Complaint.

WHAT IS THE TIME LIMIT TO FILE AN ANSWER?
The Defendant must file an Answer to the Complaint within 20 calendar days from the date he or she was served the Complaint and Summons.

CAN A JURY BE REQUESTED?
Either party may request a jury trial. The Plaintiff must make the request when the Complaint is filed. The Defendant must make the request when filing the Answer. There are additional fees for a jury trial. All jury fees must be paid at the time of the filing of the Complaint or Answer.
If a jury trial is not requested, then the assigned judge will make the decision(s) in the case.

WHO WILL BE THE JUDGE?
Cases are randomly assigned to a judge, if there is more than one judge in the district, at the time the case is filed. In a civil case, the Plaintiff can disqualify/excuse a judge within 10 days after filing the Complaint. The Defendant can excuse the judge within 10 days after filing the Answer.

WHAT ARE THE COURT FEES?
The Plaintiff is responsible for the filing fee. Other fees include $.50 per page for copies.

If a jury is requested, a $25.00 non-refundable jury fee is charged along with a $50.00 jury bond. The jury fee and jury bond must be paid separately. The jury bond may be refundable.

WHAT HAPPENS IF AN ANSWER IS NOT FILED?
If the Defendant does not file an Answer within 20 days after service, the Plaintiff can request the court to enter a Default Judgment against the Defendant.

A Default Judgment means that the Plaintiff will win automatically and usually will be given the amount requested in the Complaint.

Therefore, it is extremely important that the Defendant file an Answer if the Defendant wants to protect its rights.

cantwinatall · Posted: Wed Dec 12, 2007 5:16 am Subject:

I am in the state of California. The name of the firm on the papers is bidna & keys, and the names on here are harvey moore, angie hong and angela dawson.

there are two different amounts stated and they are two different accounts, so I guess they bought two of my accounts and they are double teaming me...one of the amounts is less than 4 thousand and the other is 1 thousand.

whoa though.. I don't have 300 bucks to file an answer.. can I get a fee wavier for that?? also you mentioned about wage garnishment, I could prepare myself for that but I work on a seasonal bases so I am usually work like 3 or 4 months at a time. I collect unemployment benefits for half the year.. could they garnish my unemployment wages for this?? or can they tap my bank account???

THANK YOU so much for helping me out with this.. I am totally greatful!

Posted: Wed Dec 12, 2007 7:34 am Subject:

Have you checked with the local courts to make sure this is a real case and not the collector blowing smoke up your rear? I have never heard of a collection case review hearing that you mentioned before, and 4 months? Most papers have to be filed in like 20 days. Be sure to call your county court and make sure the whole thing is real.

friendly collector · Posted: Wed Dec 12, 2007 9:20 am Subject:

For over 40 years, Asset Acceptance has been setting industry standards for debt acquisition and debt management. Asset Acceptance's professional associates combine decades of industry knowledge with leading-edge technology and has earned the Company a distinguished reputation as a premier leader in debt management - financial relief that works!

Do you owe us money? We'd like to assist you in paying us. Getting out from under that debt you owe will be such a relief to your conscience and sense of well being. Nobody likes the guilt that comes from knowing you have failed to meet your just obligations. We want to help.

Give us a call today. We are more than happy to work with you in getting a payment to us. You are the customer and we are here to serve you.

Have a good day.

Posted: Wed Dec 12, 2007 10:54 am Subject:

hockeyman · Posted: Wed Dec 12, 2007 7:29 pm Subject:

Some states there are no fees to file an answer. For example, in New York the answer must be served upon the party that served you with a summons and complaint; filing an answer with the court is considered a courtesy and is just optional; most parties choose not to file an answer with the court. The City of NY does not file answers with the court.

sender · Posted: Thu Dec 13, 2007 12:16 am Subject:

Asset Acceptance is not Licensed to collect in the state of California, their license has been canceled.

Also how old is the debt?

Statute of Limitation in California is 4 years on credit card debt. (From date of last payment.)

Also send them and their lawyer the request for validiation (they will not respond).

Their failure to provide the info will help you if this matter actually goes to court.

Also their is no lawyer by the name of Binda in the California Bar. There is a Harvey Moore and Angie hong out of Newport Beach, CA. And there is an Angela Dawson out of Irvine the other is inactive.

cantwinatall · Posted: Thu Dec 13, 2007 1:36 am Subject:

Asset Acceptance is not Licensed to collect in the state of California, their license has been canceled.

Also how old is the debt?

Statute of Limitation in California is 4 years on credit card debt. (From date of last payment.)

Also send them and their lawyer the request for validiation (they will not respond).

Their failure to provide the info will help you if this matter actually goes to court.

Also their is no lawyer by the name of Binda in the California Bar. There is a Harvey Moore and Angie hong out of Newport Beach, CA. And there is an Angela Dawson out of Irvine the other is inactive.

****************
the address on the letter attached to the papers says their office is in newport beach,ca. also the debt from last payment is to my best recollection..is going on 3 years. and you know the dates kinda seem weird to me because as you said I have like 20 or 30 days to file the answer yet it is way passed the 20 days.. so already I've missed the deadline and I just got the papers this week.. but I did check the court docket online and the case is listed for the date that is on my papers.

I am a little more worried now due to the post by the assets rep on here..I didn't know they would have their clerks trolling the internet..this is crazy..I would not ever call these people I have never heard of them they never once sent me a letter in the past..and trust if life hadn't dropped a shit load on me all at once I would be taking care of all my finances.. nobody willing screws up their credit on purpose...there is nothing to gain from this.. I can't even rent an apartment..so for all you people who work collections you might one day find yourself in too deep and you might be on the receieving end of a harassing phone call or legal papers.

also thanks again to those who have given me helpful information.

Posted: Thu Dec 13, 2007 5:47 am Subject:

Were u served a summons with 20 - 30 days to answer it? If i'm understanding u correctly, u recieved this paperwork "after" the fact. If that's the case u may already have a default judgement. Can u plz explain a little more. If u were not served properly u can have this judgement vacated. Have u tried looking for an atty on naca.net? I would try to speak to an atty and see what they can offer u.
Good Luck and plz keep us updated,
Ang

Posted: Thu Dec 13, 2007 8:50 am Subject:

If they sat on that complaint until after the date I would do as Ang suggested. Request the judge vacate due to improper service. If I were the judge I would hold them in contempt for trying to manipulate the court system, vacate the judgment, and dismiss the case with prejudice.

cantwinatall · Posted: Tue Dec 18, 2007 3:42 am Subject:

I don't feel comfortable giving the exact dates on here because I fear that this company have people on here and somehow figure out who I am.. but I can tell you that the date they left the summons in my mail box was approx. 5 weeks after the stamped date on the summons. I was thinking of going for a free consultation with a lawyer.

Posted: Tue Dec 18, 2007 4:34 am Subject:

I think that's a very, very good idea. But don't delay any more than you absolutely have to. Please let us know how it turns out.

cantwinatall · Posted: Thu Dec 20, 2007 2:36 am Subject:

well spoke to a lawyer today. turns out its kinda worse than orginally thought. seems I don't even have the couple of months to figure out how to get through this. they might already have got their default judgement and starting the wage garnishment process, even though I barely recieved the damn summons papers. how is this fair....I didn't even have a chance..