Asset Acceptance LLC
Date: Mon, 05/19/2008 - 19:00
Submitted by changetobedebtfree
on
Mon, 05/19/2008 - 19:00
Total Replies: 4
i paid them over te phone witht two post dated checks. luckly, they only took the amount the we agreed on.
However, some of the things i am reading on this board suggest that they may take more.
now that the account is closed, should i be concern that they may withdrawl more money from my account? should i close my bank account???
i am so worried!
What state are you in? It is illegal for a debt collector to acc
What state are you in? It is illegal for a debt collector to accept a post dated check in some states. It is also against the fdcpa for them to accept a post dated check if it more than 5 days unless it was in writing then it is no more than 10 days and not less than 3 days. see: 15 USC ????1692f(2)
Also if they said you had to do it or they would file a lawsuit if you didn't do it then that is a violation under:
15 USC ????1692f(3)
If the above pertains to you, then you can sue them for up to $1,000 in statutory damages.
If it is a state like Massachusetts, No post dated checks are allowed at all. see:
209 CMR 18.17(3)&(4)
So your state is very important.
As far as your bank account goes, you may be able to put a block
As far as your bank account goes, you may be able to put a block at the bank so they can't take more money out. If they do take money out and it's not authorized, then that is just more violations and possible bank fraud and more the reason to sue them.
thanks for the replies :) i live in FL. They told me that they c
thanks for the replies :) i live in FL. They told me that they can only take 2 post dated check. so i made a payment with them on Jan 30 and Feb 15. It has been cleared and they have sent me apaid in full letter....should i be concerned with anything else?
As long as you have records of the company who drew the check fr
As long as you have records of the company who drew the check from your account, you should be all set. I would save all that information for at least 7 years as the Statute of Limitations is 5 years in your state. This way, if they ever try to bring a claim again in a few or 7 years down the road, you have proof you paid it.
If you feel safer and want to close and open a new checking account then by all means go ahead and do it.