Debtconsolidationcare.com - the USA consumer forum

ANOTHER ASSET ACCEPTANCE ISSUE

Date: Mon, 03/24/2008 - 13:43

Submitted by Jennise_Samuels
on Mon, 03/24/2008 - 13:43

Posts: 3 Credits: [Donate]

Total Replies: 4


My name is Jared, on 3/21/08 after making my monthly call to Asset Acceptance to ask for the status of the my request for them to validate a $7800 debt they claim I owe, I was told that they couldn’t talk to me because of a pending court case. I had no idea what the rep was talking about and so I asked her to provide more information and she claims I was served on 1/2/08. I thought that was strange because I wasn’t in town on 1/2/08. I was on vacations and I even have flight/ hotel records as proof. However, I checked the local court website to verify. On 3/21/08 the website said I was served on 1/2/08 and that was all. So I planned to go to the court 1st thing Monday to obtain copies of what is in the case file. While on the website to obtain the case # a new entry said that a default judgment was entered against me that day. I went to court house and clerk who let me see what was in the file basically said that Asset Acceptance did not have to prove that I was served. They provided the court with proof of mailing and an affidavit from a process server saying she came to the house for several days but no one answered. Well of course no one answered, I was on vacation. So I never received the summons and complaint and basically they have a judgment against me. I can still file a motion to set aside the default judgment. Any advice regarding completing the forms and what to include?

Also, I have phone records dating back to December when I 1st requested that they validate the debt. Then I sent a certified letter (w/ signed return receipt) asking for this documentation again. As a follow up I called them twice each month to follow up on the status of my request. I have yet to receive anything from them. I have NO record of owing anyone $7800. Are they not obligated to provide any proof from the original creditor for the account they claim is mine? All they send me is a letter on their letter head saying how much I owe.


I appreciate you feedback. Please don't take my questions as mistrust of your advice.
When I went to the court house the clerk had a very very nasty attitude. I know that should not impact how I proceed with this case. However, the clerk claimed that the method of service was well standard procedure and that Asset Acceptance had complied with all necessary requirements for proof of service. Based on her explanation, anyone can show proof of service by saying they stopped by your house 3 or 4 times and no one answered. As a result, they just went to the local post office, mailed the summons and complaint and simply filed and affidavit with mailing receipt (no signature required by defendant). That is basically what the file says and the clerk went on to lecture me on how if I just paid my debts I wouldn't have this problem. What law or requirement could I state in my motion to set aside the judgment that would support the claim that I was improperly served. I ask because I was told that the proof of service provided was sufficient. There is no way that I agree with that. But I don't know how to defend it specifically.

THANK YOU FOR YOUR HELP!!!


lrhall41

Submitted by Jennise_Samuels on Mon, 03/24/2008 - 17:08

( Posts: 3 | Credits: )