I'm being sued by asset acceptance, advice please.

You cannot ask for mail only...per the FDCPA a cease and desist is all or nothing. They do not have to nor will they negotiate by mail...that is why you didnt get a response. It will not hold up in court.

Asset Acceptance Is a junk debt collector, they buy debts from creditors that those creditors have written off.

Most of the time the way a junk debt collector is able to get a judgment and collect (unless they intimidate you into settling out of court which, imo, I would not do) is if you don't show up in court then they don't need one single tiny needle in a haystack of evidence to get whatever they are asking for as a judgment against you and then they can garnish your wages and assets.

Now here is what you need to know. DO NOT talk to these people and admit anything. Don't offer them anything, don't pay them anything. The reason I say that is because for one thing I have seen it happen where this debt (which for example a thousand dollar debt they might buy for $5.00. So they have a really big profit margin, not bad buying a $5.00 widget and selling it for $1,000.00 PLUS COSTS AND INTEREST. Sometimes these debts are sold to more than one collection firm so there's another reason to be careful. As hard as you work for your money you don't want to be paying someone and then just when you think you're paid off have someone else show up on your doorstep wanting you to pay it again. These liars will try to trick you into making a payment on a debt that is no longer collectible because the statute of limitations ran out. You can't talk to them because if anything you say can be twisted somehow into an acknowledgement of the debt they have you. And I will tell you that 99 times out of a hundred they can't proof anything about you and this debt. And don't feel like you are ripping anyone off either because I'll tell you what, the original creditor already got some money out of it by way of a tax write-off and maybe insurance proceeds so actually this debt buyer who sued you may be in violation of the RICO statutes which is some laws they came up with to deal with the mafia, okay, so that doesn't make these guys look real upstanding if they are into the stuff the mafia does. These are not nice people, they are predators who'd steal the babybottle out of your babies mouth if it could sell it for anything.

What you need to do is show up in court if/when they file suit against you and you need to file an answer according to the laws of your state. Here in Missouri you need to file an Answer within 30 days if I remember correctly. Anyway IF you get sued again you come back to one of these forums and ask for some advice about how to fill out your answer and you go to court and challenge these lowlifes to prove you owe the debt and I bet you they can't. They count on you being scared and not knowing what to do so you will cave in and pay them when I have seen them do that to people who maybe already paid or it was discharged in bankruptcy, all kinds of things, or maybe they don't have proof they owe the debt or maybe its not your debt. If it is yours, make them show you the proof. Don't give them anything. if they got something make them show it, don't just hand them your hard-earned money because I can guarantee you they don't give two cents about whats fair to your or right.

I would be watching the website in your area where cases are recorded. If you see where you got sued and they never served you then they are trying to pull a fast one if they go ahead with it anyway.

Don't get taken in and don't give up your hard-earned money to people who are no more reliable than a card shark-carnival barker.

hang on to your money and if they sue you again you go to court and don't be afraid, you got nothing to be afraid of. So what if they got suits and ties and know all the legal mumbo jumbo you can take care of yourself and save your money for something more worthwhile than lining these guys pockets. :)

Thank you Gretchen VonDerhoff

I was reading on other sites that the lawyers try and talk to you to settle at the courthouse before going before the judge. If they decide to file in correct county, I'm not talking until we see the judge.

Thanks for the encouraging words, they do make me feel better about this.

I have another question, does it matter that they filed the case in the wrong county? Because of this, I wasn't served papers.

Just to add to that when I say wrong county, I mean the county I don't live in.

well, here's the thing on the county...

the FDCPA states that they can only sue you in one of two places. They must sue you either in the county where you currently reside, or in the county where the debt originated.

Did you ever live in the county where they filed suit? A lot of these JDB's like to file in the wrong county on purpose--they will even tell the court that they served you at an old address that they know isnt your correct address anymore. They do this so that they can get a default judgment against you.....you see, if they go to court, and claim that you were served in this manner, you obviously wont show up for the court date because you wont ever know youre being sued. So, when you dont show up, they get a default judgment. I would not wait on this one, because a default judgment is harder to get vacated than it is to file an answer to their lawsuit now and stop it dead with the affirmative defense of "improper venue". IT also seems to me a little strange--but not completely unheard of--that they would sue you over a debt that is less than $900.....usually, these JDB's tend to prefer suing over larger debts than this.

I would find out everything you can from the court clerk's office where they filed the suit....things like the address that they claim to have tried to serve you at. These details could be enough for you to blow their whole case out of the water.

I agree with Skydvr, be sharp and be on your toes, they may try to serve you again in the other county and if it is the county in which you incurred the debt then they may be successful.

See if they are still attempting to serve you. Do you have access to the site on the internet where case activity is usually recorded? If so, keep an eye on it to see what shows up. I wouldn't trust them not to try to serve you again at another address. Leave nothing to chance that you can follow-up on. But yes, do not talk to them.

I'm surprised to that they filed on a relatively low balance but there are exceptions to everything.

Well I did look it up on my state's website and it says this:
Summons Returned Non-Est
Service Text: DEFENDANT LIVES IN __________ COUNTY.

Yes, I saw that when you mentioned it before that they said they had not accomplished service. That's not the same as saying they are giving up on trying to serve you there. Obviously they can't if you don't live there but IF they are dishonest (there are a few of those out there) they could still manage to serve you there anyway. So its best to cover all your bases and keep an eye on the situation. You could get non-existent sewer service for one thing.

Just make a habit of checking once a week or so to see whats up so you will know if anything changes. Hopefully it will stay quiet.

If they left the county where you live blank then they are saying that they don't know where you live which leaves them free to try again if they choose to there. Not saying they will but best to leave nothing to chance.:wink:

No sense in paying if they have no proof. That's not telling you not to pay a debt which is legally yours, its saying that they need to prove they own the right to collect, that its within the time period allowed, etc.

Also, if they cannot come up with the signed contract/agreement then they have no right to add any charges either where those amounts would have been specified/agreed to as part of the total document. If they don't have it then they have nothing to show about how they knew how much interest/extra charges should be added on.

Incidentally, you said you sent your offer certified mail, did you ever get proof of delivery? If they did receive your letter offering to settle then that could change things as to what you are responsible for.

However it also seems noteworthy that if they did get it they chose not to follow through with it. I'm not an attorney so I could not say but even if they did receive it and then decided to ignore it and pursue a different course of action it might mitigate your having made the offer but as I said, I'm not an attorney so I couldn't say. Of course they's have to produce that letter as well and it doesn't sound as though they are really on top of things.

Thanks for the responses.

Actually with the county, I'm the one that left it blank, the summons person put the actual county I live in. The county they are trying to sue me in, I've never lived in.

I did receive a green card back with the settlement letter, but (and I don't know if this makes a difference or not) I did state in the letter that I am not admitting that this is my debt, rather a settlement offer only for alleged debt.

I'm not an attorney but I suppose that would make a difference if you said you were not admitting the debt but just to get rid of it you were making an offer. You'd have to get a genuine legal opinion on that and maybe you'd get a couple of different ones. I just wouldn't pay them anything without proof because there are too many people being harassed into paying things they have no right to collect. Intimidation is the game.

Again, I'm not a lawyer but as to where they can sue you might be affected by the alleged contract they allege you signed as well as your state laws but like I said that is a personal opinion not a legal one. I did see a contact a few days ago where they were allowed to sue in a different state than the one of residence. Some places are better to sue in so if there was a choice I'm sure they would choose the place advantageous to them, imo.

If I were you I'd not give them one cent without proof they own the debt, have the right to collect, that its YOUR debt within statutory time limits. They need to show the contract signed by you and prove their case NOT just demand money. If its a junk debt buyer there is the possibility the debt has been sold to multiple parties. I would demand the original contract signed by me be shown and IF I paid it then I would want the contract relinquished to me as a part of settling the debt but right now they would get nothing from me.

Usually, you can get a consultation with an attorney free of charge for the initial conference. You might try making phone calls with questions you have.