Asset Acceptance lawsuit - How do I respond to it?

Hi

Do not lose your sleeps. collection agencies are hard to deal with, especially when it is a company like Asset Acceptance. It is a general problem with them. I can pretty much assure that the summon served to you is not from the court. I have heard this company using such fake means to make money. You must inquire with the local county clerk because if this case is genuine, it must be filed in the records also. You can also check the latest copy of your credit report for this purpose.

Asset is already in many violations of the law. They will never make an appearance in the court. If they have to file a case, they will have to show legitimate details about the consumer. If they have, it must be given to you also in writing which they have not done so far.

Cover your basis strongly. You should still send a debt validation letter to the company's mailing address and request the complete details of the accounts. The company must put the details properly beginning from the creditor with whom you signed the contract. Besides, it must show the actual principal amount along with calculation of interests all throughout this period. The information should be so clear that you can visualize everything. For this purpose, the federal laws have designed the debt validation. This law will not allow any business to come in between and make money from the consumer by false means. Send your letter through certified mail with return receipt requested. You will have the green copy signed by the company and it will be your important proof.

Under the federal laws, you have the legal rights to refuse payments until the accounts have been placed in front of you properly. Make sure that you leave proof of all your actions. Stay alert as you are dealing with one of the worst collection agencies!

David;

Thank you for your reply and insights.

I have verified that the summons is, in fact, legitmate as well as the case number.

It is important to note that I have no intention of 'going after' Assest Acceptance LLC or its attorneys...unless I am forced to do so. If that time comes, it will be in court and I will be feeling very much like I'm in some filming of a TV law show!! I simply want this issue corrected with the least amount of embarassment to either party.

It all truly makes zero sense to me. I sit here completely baffled and amazed at all of this. I have great faith in the American justice system--when it works properly. As previously stated, I have gained a greater knowledge of the law as it pertains to these types of proceedings through this forum and am very grateful.

So, the question remains: Do I send the debt validation letter now or what?

Thank you again,

Good Guy in Tampa

Yes, you must send the debt validation letter. You have to get the details of the debt in writing for which Asset is attempting collections. Make a payment only after you have reviewed the account thoroughly and found to be correct.

Send your letter through certified mail with return receipt requested. This will confirm that the company has received your request and validate your debt in writing. When the case reaches the court, you will have everything documented and prove your actions taken to resolve the matter. If the arrangements are done, there is a chance of this matter not reaching the court. Best of luck!

If you've gotten a summons/warrant or some other document signed by a court clerk or other official telling you you're being sued, focus your attention on that. Sending a demand for verification letter won't do much for you at this point, and the notice of a lawsuit isn't a debt collection communication covered by the fdcpa, so they can legitimately ignore it, while they go ahead and get a judgment against you.
To protect your rights, you must show up in court and demand a trial date. Depending on what level and what court you're in, you may have a right to discovery, or a jury. At the least, you're entitled to a bill of particulars / bill of specifications, or whatever they call it there, to inform you of exactly why you're being sued. If it's a debt you don't owe or it's so long ago and far away, file a plea in bar saying you don't owe the debt and even if you did, the statute of limitations has expired. Of course you have to be able to provide some evidence on that point.

What I would do is:
1.find out your states SOL for the type of account
2.find out what the original bill was and find out when you became delinquent
3.If it is real and within the SOL I would settle for half or 70% because you don't want a judgement against you and you don't want to pay for their attorney fees, your attorney, court filing fees etc. and have a brand new judgement on your account for 7 days from when it is paid. They can seize your bank accounts. They did that to my friend and took every penny from his account.
4.If it is not yours and you are sure or the SOL has passed, hire an attorney and fight it and make theym pay for your attorney fees. If it is a beyond SOL case let them know that they will be paying your attorney fees when you claim an absolute defence of SOL.

typo correction: it's seven years, not seven days, that the judgment will be reflected on the credit report.

whether or not you can be awarded attorneys' fees for successfully defending a civil suit is a matter of state statute - it's generally not allowed in the U.S.; but if you file a motion for sanctions for filing a frivolous lawsuit against you (i.e., one that they knew or ought to have known was invalid) you can probably recover attorneys' fees, at least in an amount the court thinks is reasonable.

Best bet is to file a counterclaim under your state's consumer protection statutes. That almost always pays attorneys' fees.

S.O.L. is not an "absolute defense", it's an "affirmative defense" - if it's a valid claim, it's still a valid claim even if the S.O.L. has passed, it's just unenforceable - won't support a motion for sanctions if that's your only basis for defense.

What if Asset get a judgement agsint you? And, you have no income or home?

I have been unemployed for 5 years and have no means of paying a 10,000 judgement.

Renita, you must verify first if Asset got a judgment in legal shape. You will be served summons before the court date. The records will be available with the local clerk county. You must verify if the summons served to you are legal.

If everything is legal, show your presence in the court. You will be told about the case filed against you and will be asked to put your explanation. If things are to your favor, decisions will be made in your favor.

Thanks for the info. I will mail the letter to Asset, tomorrow. If Asset has proof the debt is mine, maybe I should contact a a BK lawyer.

In May 2006, while trying to prepare for major surgery the next morning, and with a houseful of family, there was a knock on my door. It was a process server, with a summons, for me. I had not a clue as to what it could be for, and he let me take a look at the name on it, and waited at the door, while I called the phone# on the summons. Of *course, it was Asset Accept., and I was put thru to a seemingly nice lady who told me that the summons was for an old SW Bell bill, gave me the dates of service, etc. Right away the dates of service seemed off, I'd only had service under my own name for a very short time (only for a year) and I knew the exact date service started, as it was the day of my late sons funeral. I told her that I was not sure the debt was mine, questioned the amount (over 800.00), etc. She was totally sympathetic, told me that a court date had not been set, that the one on the summons was only tenative, and all I had to do was write her a note disputing the validity of the debt after I returned home after my surgery, that she would forward it on, and then the ball would be in "their" court, as far as proving validity. If I didn't hear from her all would be fine. (Ok - I can hear all of you screaming {{{don't take the summons}}}
But - trusting soul that I am, I did, I took her at her word, and after I recovered from my surgery, I did send a dispute letter to her attention, and heard not a word more.
Fast forward to Mar 2007, while recovering from (another) surgery, we decided to refinance our home, and you could have knocked me over w/a feather when our mortgage-lady called to say that I had a judgment on my credit report. Yep! You guessed it! They went to court *2 weeks after the summons in May of 2006, and rec'd a default judgment against me. The amount now owed (plus interest and court fees) was over $1200.00.
So I called them, after trying a half hour to get thru got a guy by the name of Brad, who looked up my record, and actually stumbled up and admitted to me that he had record of my prior conversation re: the dispute, etc. When I asked why they went to court anyway, he had no answer, and when I asked why I was never contacted after the judgment, he had none either. He did tho, get animated, when trying to get me to pay the now over $1300.00 owed. I hedged, played clueless, telling him I had to discuss this with my husband, was not sure the debt was mine, etc, did not have all the funds, etc and I'd get back to him. He tried calling me (all after that unexpected commission) 2 - 3 days in a row - never leaving a message (caller ID), while I started getting suspicious and looking into the company itself and validity of the debt.
I've obtained a copy of what was submitted to the court. It lists no phone#, no date of last payment, just purchase date in 2005 and that it was apparently a charge-off in 8/2001. I contacted SW Bell (now AT&T) and they confirmed that I had service thru 5/2001, but that my acct balance was 0, and I'm not listed as a collection acct. There's nothing adverse under my SS## as far as they're concerned.
I planned to pursue this further, but I became ill again for a few weeks, and now, have discovered, that they sent a garnishment request to the court on 4/27 and a request to my employer (whom I'll probably hear from next week) on 5/10. I'm just beside myself!!! These creeps! I'm also kicking myself, because if I hadn't "stirred the pot" by calling them and reminding them, (or mayhaps it's because they know I'm kooking into it), my "judgement" might still be just sitting there gathering interest, and I'd have more time to fight.
Do I even have time anymore to have this reversed?
And - in the event I have to pay this - what are my chances of getting this off my credit report?
{{{{{Help}}}}}}}
I'd appreciate *any advice!!!!!!!
Thank you!!!

Asset acceptance contacted me with an offer to settle on an old debt that is 10 years old. Judgement was never taken orignally and all this is not showing on credit records. I did not take bankrupcy but after all this time now, with my credit score rebuilding i am hearing from them. How will this affect me if i don't pay or should i pay this? Thank you.

Mr. Glover, I assume you are a attorney in MN, correct?

Sam is one of our consumer attorney members. :D

Mr. Glover, are you familiar with Receivables Management Solutions out of St. Paul?

I have not dealt with them before, no. Minneapolis-St. Paul is pretty much the center of the debt collection world, though, so there are probably quite a few debt collectors I have not dealt with.

Well, thanks anyway Mr. Glover. Keep up the good work representing those in need.

What is your question?

I'm currently dealing with RMS, very nasty experience thus far. They are collecting on a debt on behalf of NCO/medclear. I did a little digging and found out that even though NCO's corporate headquarters is in PA. There is also a NCO branch about 8 miles away from RMS. I was going to ask if you knew if they were affiliated. (I'm going to be filing suit against NCO for about 36 FCRA violations. Also the CA that is managing the account (RMS) refused to validate saying that if I didn't get the letters that NCO sent me then I wouldn't get the validation either, and that if I can remember the debts (which they just lumped into one sum while they allege that there are 3 or 4 separate medical bills from between 2001-2004) I should go back to the doctor and get my brain checked. If it turns out that they are owned by NCO then I will just include that in the lawsuit against NCO. I have a NACA attorney on retain right now, just getting some information together before we go in guns blazing as it where.

please anyone someone please hlep me i am trying to complete a job screening and i need the contact information for rushmore recoveries! this company has placed something against my credit and i do not know what it is thus i am running out of time. please someone can you send me there number if possible today!

God Bless you all, PINK for life.

In Pinellas County in Florida you must show up or lose by default. When you are there you are given the right to dispute it and set a trial date or sit with a mediator and the plaintiff and try to reach an agreement. That gets difficult because if you do not take their offer you won't know if there will be another forthcoming before the trial date. In your case you may be able to get an attorney through the court of legal aid. I would imagine it is the same in neighboring Hillsboro County as it is in Pinellas. You are also living in a state where collecting a judgment is extremely difficult due to it being a non garnishment state. The courts do not collect money they only issue the judgement. Do not let the plaintiffs lawyer trick you into signing a garnishment agreement! If you are head of household they can only garnish if you agree to it. Even though you are not working now that does not mean they won't come after your check once you are. Avoiding the judgement altogether would be best as a judgement will remain on your credit for up to 10 years.

Asset Acceptance is trying this with a friend of mine from New Jersey. Trying to find all I can about this company. They're obviously quite corrupt.