I got a call about a month ago from AssetAcceptance

Hi HarrassedLady

Welcome to the forums.

Asset Acceptance has the rights to attempt collection on your past debt if it is legitimate one. But you can refuse to pay if it is out of the SOL period.

In Michigan, the collector has the legal rights to sue you within 6 years from the date of last activity in your account. Check your last date of activity in this account as it seems to be past the SOL period.

If so, dispute the item by sending a letter to the company and mention this point. The company won't be able take any legal actions further.

I believe this account should not appear in your credit report also as it is past the 7 years reporting time. The FCRA laws state that all negative remarks are removed from the file after 7 years. If the company has entered any information in your file, it has been done illegally and you have to dispute with them.

Be sure to do all your correspondences in writing with them. Asset Acceptance is one of the toughest companies to deal with. Send all your letters certified with return receipt requested. This will leave a proof of all your actions taken against them.

Regards
Roxette

Roxette, I really appreciate your quick reply. I think that what happened is this account was from an apartment that I had in 1995, and when I moved to my home in 1996, the account was transferred. I'm sure that I don't owe it. If, for some crazy reason, I did owe this bill, would 1996 be out of the statue of limitations? If this guy calls again, can I tell him that? Thanks, again.

Since you are sure that you don't owe this bill, it means that you have not paid anything towards this account. This means that you need to place this account on dispute. Asset has to verify with your original creditors and give you the required details thereby proving it to be your debt.

If, somehow, you are not sure of this account and after disputing the item, realize that a payment has been made from you earlier, check the date of last activity in the account. I might assume that it would have been done somewhere close to that period. This already takes this debt out of the SOL period. So, in any case, whether this debt belongs to you or not, you can't be forced to pay this account. Check your credit report and get assured of the latest stand. Let me know after you have done the necessary things.

Regards
Roxette

Roxette, or anyone else, I am typing a validation letter to Asset right now. Should I sign my name as the name they've used on thir letter, or do I sign my current legal name. They have my old married name, and I've since gone back to my maiden name. Thanks so much. I just want to make sure I do this correctly! :)

HarrassedLady

Do not put your signature in the debt validation letter. The most important thing is to have your debt validated before you update your contact information with them. I will prefer to send my old details without putting my signature on it.

You are being contacted by one of the worst collection agency in the market. Be sure to have all your letters documented. Send them certified with return receipt requested. You will be able to prove all the actions taken towards filing this dispute.

Just a quick note to say thanks for the advice. I'm writing those scoundrels a letter. I found a validation letter on the internet that I will use. I can't thank you enough for the help. This is a wonderful help to many of us.

You are welcome. Do keep us updated on this matter. Send your letters certified with return receipt requested. Take care :D

Do you know if I can send my verification to Asset Acceptance by Fax? If so, does anyone have their fax number in Warren, Michigan?

Happy New Year and blessings to everyone!

To Asset Acceptance

HarrassedLady, use the fax number (586) 446-1803 to send your verification letter to Asset Acceptance. Their mailing address is:

ASSET ACCEPTANCE, LLC
28405 Van Dyke
Warren, MI 48093
Local Phone Number: (586) 939-9600

I think you should also send a certified letter along with return receipt. This way, you will have proof of your letter sent to them on the specified date and will be able to defend yourself.

David, thank you so much for getting back with me. I went to the post office today and sent the letter next day to Asset. Apparently they will receive it tomorrow by noon. After all was said and done, and I paid for it, I asked the lady how I could track it. She said, "you can't track it". I guess if Asset signs for the envelope tomorrow they will have a receipt. Do you think they will sign for next day priority? I'm such a goof. I should have asked this question in the first place. I'm running out of my 30 limit to send the letter and I'm worried. Thanks for the help.

HarrassedLady

You have done most of the work by sending certified letter from your side. This letter is having a date when you sent the mail. You will be able to prove your side of the actions taken towards resolving this account.

Sorry to ask a zillion questions, but now I'm a little worried. Yesterday I sent overnight express mail the validation letter to Asset. Well, today I've gotten 3 phone calls from the collector in the past 30 minutes. It is ironic that the calls started after noon, and the letter was to arrive before noon this morning. I included the little bit in the letter about not contacting me by phone except through mail. Can they still call me??

Thanks!! :cry:

HarrassedLady, have you got the green slip acknowledged by the company? You are not supposed to get any calls from the company after they have received your cease and desist letter. Be sure that you are getting the calls from the same company whom you have sent the letter. If it matches and they have called you after receiving your letter, the company has violated the laws. You are now in charge of taking legal actions. Consult a lawyer that specializes in lawsuits of fdcpa and FCRA violations.

Cease and desist letter is a legal weapon that restricts the collection agency from placing any calls to you further. Asset Acceptance has already been violating many federal laws and it has become very important for all of us to file a class action lawsuit against them. Put your complaints at the AG's office as well as in the BBB and the FTC. The authorities will also take necessary actions against the company.

I had a judgment filed against me in 07/1998...I did not pay anything on this as I was out of work at the time, since then this judgment was "purchased" by Asset Acceptance as of 03/2001....DOES THIS START THE 7 YEARS ALL OVER AGAIN? Asset Acceptance is trying to garnish my wages now and I would like to either settle this and make it go away, or what are my options? I am selling my house and they are trying to collect from the proceeds. thanks

Bill, you had a judgment filed against you since 07/1998. This means that you have not paid anything towards this account from that period. So, based on the state laws on SOL, your debt is out of the statutes. However, check the state laws and confirm the SOL in your state. It will be calculated from the date of last activity in your account.

Purchasing of the debt account by Asset in 03/2001 does not renew the SOL period from the beginning. It gets renewed only if you pay again towards this account or even if you make a payment agreement towards it. If you have not done any of the two acts, you can't be forced by the agency to pay the debt.

Has Asset sent you anything in writing about this account? The federal laws state that the collection agency should send you the details of the debt in writing before attempting collections. Once you have reviewed the account, you can place the items on dispute with the company. Since the account might have passed the SOL period, place it on dispute with this point and force the collection agency legally to leave you aside.

Asset Acceptance or any other collection agency does not have the legal rights to threat wage garnishments unless they have the court orders for it. You are legally required to get orders from the court and show your appearance. Asset won't decide anything for you. Only the court has the rights to examine your case and give further orders.

Place the item on dispute notifying expiry of SOL after the CA sends you the details in writing. Send your letter through certified mail with return receipt requested. You will be able to prove the court that you have notified the collection agency and did required things to resolve the matter.

HarrassedLady- maybe you should take a look at this website I came across today, maybe it can be of some help to you...

edcombs.com/FSL5CS/Custom/TOCSpecial.asp

Hope this helps, I emailed these guys on this website and they already emailed me back. They seem like they really want to nab these bad guys.