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Good Guy in Tampa · Posted: Wed May 10, 2006 2:28 pm Subject: Court Summons and Asset Acceptance

Firstly, allow me to say how informative this forum is. I have gained quite an education just by reading here and researching many of the links provided and am very impressed.

My situation also involves asset acceptance llc. This past Saturday, I was served a summons that I am being sued by this company for a past debt that I don't recognize or remember. I have 20 days from the date the summons was served to reply if I want the court to hear my side of the case. I am to reply not only to Assect Acceptance LLC staff attorneys but the clerk of courts as well.

Prior to this summons, I have no recollection of receiving anything from Asset Acceptance LLC and it is very, very strange to me. I have a feeling that somewhere along the line, they have files of some type crossed. Who knows.

My question is simply this: Would the posted letter asking for validation (as listed in this forum) of this alleged debt do any good to me now or should I write a letter of my own?

Also, there is a bill of sale attached to the summons from one CA to Asset Acceptance LLC. It appears that the first CA purchased some charged-off debt from a creditor and then sold it to Asset Acceptance LLC, who is now attempting a collection. The amount paid for the debt by Asset Acceptance LLC is blacked-out; I'd be willing to bet that it was sold and bought for pennies on the dollar and are trying to collect the 'full' amount of the original debt from the original debtor.

Still, I'm drawing a blank.

Please forgive my ignorance on this topic. I've lost more than one night's sleep over this since Saturday.

Thank you all, again, for your most invaluable help.

Good Guy in Tampa

Posted: Wed May 10, 2006 2:45 pm Subject:

Hi

Do not lose your sleeps. collection agencies are hard to deal with, especially when it is a company like Asset Acceptance. It is a general problem with them. I can pretty much assure that the summon served to you is not from the court. I have heard this company using such fake means to make money. You must inquire with the local county clerk because if this case is genuine, it must be filed in the records also. You can also check the latest copy of your credit report for this purpose.

Asset is already in many violations of the law. They will never make an appearance in the court. If they have to file a case, they will have to show legitimate details about the consumer. If they have, it must be given to you also in writing which they have not done so far.

Cover your basis strongly. You should still send a debt validation letter to the company's mailing address and request the complete details of the accounts. The company must put the details properly beginning from the creditor with whom you signed the contract. Besides, it must show the actual principal amount along with calculation of interests all throughout this period. The information should be so clear that you can visualize everything. For this purpose, the federal laws have designed the debt validation. This law will not allow any business to come in between and make money from the consumer by false means. Send your letter through certified mail with return receipt requested. You will have the green copy signed by the company and it will be your important proof.

Under the federal laws, you have the legal rights to refuse payments until the accounts have been placed in front of you properly. Make sure that you leave proof of all your actions. Stay alert as you are dealing with one of the worst collection agencies!

Good Guy In Tampa · Posted: Wed May 10, 2006 3:31 pm Subject:

David;

Thank you for your reply and insights.

I have verified that the summons is, in fact, legitmate as well as the case number.

It is important to note that I have no intention of 'going after' Assest Acceptance LLC or its attorneys...unless I am forced to do so. If that time comes, it will be in court and I will be feeling very much like I'm in some filming of a TV law show!! I simply want this issue corrected with the least amount of embarassment to either party.

It all truly makes zero sense to me. I sit here completely baffled and amazed at all of this. I have great faith in the American justice system--when it works properly. As previously stated, I have gained a greater knowledge of the law as it pertains to these types of proceedings through this forum and am very grateful.

So, the question remains: Do I send the debt validation letter now or what?

Thank you again,

Good Guy in Tampa

Posted: Wed May 10, 2006 4:11 pm Subject:

Yes, you must send the debt validation letter. You have to get the details of the debt in writing for which Asset is attempting collections. Make a payment only after you have reviewed the account thoroughly and found to be correct.

Send your letter through certified mail with return receipt requested. This will confirm that the company has received your request and validate your debt in writing. When the case reaches the court, you will have everything documented and prove your actions taken to resolve the matter. If the arrangements are done, there is a chance of this matter not reaching the court. Best of luck!

Posted: Wed May 10, 2006 6:48 pm Subject:

If you've gotten a summons/warrant or some other document signed by a court clerk or other official telling you you're being sued, focus your attention on that. Sending a demand for verification letter won't do much for you at this point, and the notice of a lawsuit isn't a debt collection communication covered by the [url=http://www.debtconsolidationcare.com/fdcpa.html]fdcpa[/url], so they can legitimately ignore it, while they go ahead and get a judgment against you.

To protect your rights, you must show up in court and demand a trial date. Depending on what level and what court you're in, you may have a right to discovery, or a jury. At the least, you're entitled to a bill of particulars / bill of specifications, or whatever they call it there, to inform you of exactly why you're being sued. If it's a debt you don't owe or it's so long ago and far away, file a plea in bar saying you don't owe the debt and even if you did, the statute of limitations has expired. Of course you have to be able to provide some evidence on that point.

NewGuyAACChater · Posted: Thu May 11, 2006 6:36 am Subject:

What I would do is:
1.find out your states SOL for the type of account
2.find out what the original bill was and find out when you became delinquent
3.If it is real and within the SOL I would settle for half or 70% because you don't want a judgement against you and you don't want to pay for their attorney fees, your attorney, court filing fees etc. and have a brand new judgement on your account for 7 days from when it is paid. They can seize your bank accounts. They did that to my friend and took every penny from his account.
4.If it is not yours and you are sure or the SOL has passed, hire an attorney and fight it and make theym pay for your attorney fees. If it is a beyond SOL case let them know that they will be paying your attorney fees when you claim an absolute defence of SOL.

Guest · Posted: Thu May 11, 2006 7:22 am Subject:

typo correction: it's seven years, not seven days, that the judgment will be reflected on the credit report.

whether or not you can be awarded attorneys' fees for successfully defending a civil suit is a matter of state statute - it's generally not allowed in the U.S.; but if you file a motion for sanctions for filing a frivolous lawsuit against you (i.e., one that they knew or ought to have known was invalid) you can probably recover attorneys' fees, at least in an amount the court thinks is reasonable.

Best bet is to file a counterclaim under your state's consumer protection statutes. That almost always pays attorneys' fees.

S.O.L. is not an "absolute defense", it's an "affirmative defense" - if it's a valid claim, it's still a valid claim even if the S.O.L. has passed, it's just unenforceable - won't support a motion for sanctions if that's your only basis for defense.

Renita · Posted: Thu May 11, 2006 5:08 pm Subject:

What if Asset get a judgement agsint you? And, you have no income or home?

I have been unemployed for 5 years and have no means of paying a 10,000 judgement.

Posted: Thu May 11, 2006 5:17 pm Subject:

Renita, you must verify first if Asset got a judgment in legal shape. You will be served summons before the court date. The records will be available with the local clerk county. You must verify if the summons served to you are legal.

If everything is legal, show your presence in the court. You will be told about the case filed against you and will be asked to put your explanation. If things are to your favor, decisions will be made in your favor.

Renita S · Posted: Thu May 11, 2006 5:24 pm Subject:

Thanks for the info. I will mail the letter to Asset, tomorrow. If Asset has proof the debt is mine, maybe I should contact a a BK lawyer.

Chris A

In May 2006, while trying to prepare for major surgery the next morning, and with a houseful of family, there was a knock on my door. It was a process server, with a summons, for me. I had not a clue as to what it could be for, and he let me take a look at the name on it, and waited at the door, while I called the phone# on the summons. Of *course, it was Asset Accept., and I was put thru to a seemingly nice lady who told me that the summons was for an old SW Bell bill, gave me the dates of service, etc. Right away the dates of service seemed off, I'd only had service under my own name for a very short time (only for a year) and I knew the exact date service started, as it was the day of my late sons funeral. I told her that I was not sure the debt was mine, questioned the amount (over 800.00), etc. She was totally sympathetic, told me that a court date had not been set, that the one on the summons was only tenative, and all I had to do was write her a note disputing the validity of the debt after I returned home after my surgery, that she would forward it on, and then the ball would be in "their" court, as far as proving validity. If I didn't hear from her all would be fine. (Ok - I can hear all of you screaming {{{don't take the summons}}}
But - trusting soul that I am, I did, I took her at her word, and after I recovered from my surgery, I did send a dispute letter to her attention, and heard not a word more.

Fast forward to Mar 2007, while recovering from (another) surgery, we decided to refinance our home, and you could have knocked me over w/a feather when our mortgage-lady called to say that I had a judgment on my credit report. Yep! You guessed it! They went to court *2 weeks after the summons in May of 2006, and rec'd a default judgment against me. The amount now owed (plus interest and court fees) was over $1200.00.

So I called them, after trying a half hour to get thru got a guy by the name of Brad, who looked up my record, and actually stumbled up and admitted to me that he had record of my prior conversation re: the dispute, etc. When I asked why they went to court anyway, he had no answer, and when I asked why I was never contacted after the judgment, he had none either. He did tho, get animated, when trying to get me to pay the now over $1300.00 owed. I hedged, played clueless, telling him I had to discuss this with my husband, was not sure the debt was mine, etc, did not have all the funds, etc and I'd get back to him. He tried calling me (all after that unexpected commission) 2 - 3 days in a row - never leaving a message (caller ID), while I started getting suspicious and looking into the company itself and validity of the debt.

I've obtained a copy of what was submitted to the court. It lists no phone#, no date of last payment, just purchase date in 2005 and that it was apparently a charge-off in 8/2001. I contacted SW Bell (now AT&T) and they confirmed that I had service thru 5/2001, but that my acct balance was 0, and I'm not listed as a collection acct. There's nothing adverse under my SS## as far as they're concerned.

I planned to pursue this further, but I became ill again for a few weeks, and now, have discovered, that they sent a garnishment request to the court on 4/27 and a request to my employer (whom I'll probably hear from next week) on 5/10. I'm just beside myself!!! These creeps! I'm also kicking myself, because if I hadn't "stirred the pot" by calling them and reminding them, (or mayhaps it's because they know I'm kooking into it), my "judgement" might still be just sitting there gathering interest, and I'd have more time to fight.

Do I even have time anymore to have this reversed?
And - in the event I have to pay this - what are my chances of getting this off my credit report?

{{{{{Help}}}}}}}

I'd appreciate *any advice!!!!!!!

Thank you!!!

kendal · Posted: Thu Nov 01, 2007 3:33 am Subject: does this still affect me?

Asset acceptance contacted me with an offer to settle on an old debt that is 10 years old. Judgement was never taken orignally and all this is not showing on credit records. I did not take bankrupcy but after all this time now, with my credit score rebuilding i am hearing from them. How will this affect me if i don't pay or should i pay this? Thank you.

Posted: Thu Nov 01, 2007 8:34 am Subject:

The only proper response to a summons and complaint is an answer. An answer is a formal response to a complaint. There is no court date (yet), but if you do not answer the complaint, you will lose the lawsuit.

For an example, you can look at a Minnesota answer form on my website (http://sjglover.com/legalinfo.php). Since you are in Florida, you would need to use a different form, but mine will give you an idea of what you need to do.