ANOTHER ASSET ACCEPTANCE ISSUE
Date: Mon, 03/24/2008 - 13:43
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.
Speak to the judge, request that the judgment be vacated due to
Speak to the judge, request that the judgment be vacated due to improper service, when you actually get the chance to defend yourself request validation during discovery. If they cannot validate then request for dismissal with prejudice.
I appreciate you feedback. Please don't take my questions as mis
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!!!
If you cannot get anywhere on your own I would suggest consultin
If you cannot get anywhere on your own I would suggest consulting with a consumer attorney. You can check naca.net for starters. See if you can find one that will give a free consultation.
I can't comment on the service, in each state it is different ge
I can't comment on the service, in each state it is different generally. The codes are usually found buried somewhere in your state's rules of civil procedure. Speak to a consumer attorney before you do anything.