incorrect amount
Date: Wed, 08/26/2009 - 07:42
Asset Acceptance is claiming I owe them 5,900 and the original creditor is AMEX. I am in the process of cleaning up my credit and do plan on paying back what I can. The problem is, I don't owe 5,900. I have credit reports pulled from last year and two years ago showing I owe AMEX only 1,900. I would like to work with Asset in regards to paying off 1,900.
I have sent debt verification both to Asset and Amex and have not received any response. Asset took me to court before and won a default judgment while I was out of the country, so I know they will take me to court again on this one. What can I do?? Please help.
Well, debt validation letter doesn't work for original creditor.
Well, debt validation letter doesn't work for original creditor. Therefore, sending it to Asset Acceptance only would have sufficed the purpose.
Anyway, If Asset indeed tries to take you to court this time, you'd have a very strong ground to stand. Hope you have asked for return receipt on the mail. Preserve all communication with Asset along with call log.
Are they still continuing with their collection activities?
They can't sue you before validating the debt and if they fail to respond to the DV, they are not eligible to collect on the account as well.
Being out of the country would have tolled the SOL
Being out of the country would have tolled the SOL
I made the mistake of disputing with the credit reporting agency
I made the mistake of disputing with the credit reporting agency BEFORE sending the DV. Asset already "verified" with the reporting agency and not me. Would that still count? I did sent the DV return receipt. they are still trying to collect..actively.
Soaplady, what does that mean?
It means the SOL clock stops running. Which means you can be gon
It means the SOL clock stops running. Which means you can be gone for 10 years, but when you get back, the debt will be waiting for you.
At any rate, you can likely have that judgment Vacated due to Improper Venue and Improper Service (they could not have served you if you were out of the country - which means the service itself was faulty - so they had no legal right to sue you when you could not appear).
I would have to disagree with SC, though, but with caveats. Since you disputed first with the credit bureau and the company allegedly validated, you would have to subpoena the credit bureau to surrender the alleged verification that they were given (if you were already in the process of being sued it wouldn't help, FDCPA violations are not a Defense, *you* have to sue *them* to claim such). The collector can technically claim that your DV - the one directly to the collector - was frivolous because it was already validated with the credit bureau (and yes, that is a legitimate reason in the FDCPA for them to ignore your DV letter). Plus, the dispute process with the collector is only protected by law within the 30 day period of the original dunning letter.
BUT, and here is the caveat, *how* did you dispute it with the credit bureau? Did you dispute the entire amount? It is likely too late to dispute with Asset directly. File another dispute with the credit bureau (by mail). Offer in your defense a copy of the past credit report showing the balance as $1,900 and dispute the added $4,000. That may get you better luck.
