Asset Acceptance trying to collect a debt
Date: Fri, 05/19/2006 - 03:24
I received a letter from asset acceptance llc telling me I owe for two credit cards I had from National City Bank when I was in college that each had a limit of 1000. Now they tell me I owe 2900 on one and 2400 on the other.
These cards were from 1991 and charged off in 93 however I paid them via a collection agency in 98 or 99 because I wanted to make my debt good. Since it was so long ago, I have lost any records of who and where I paid it. I am afraid, I just purchased a home a year ago and am by myself and can't afford for them to garnish my wages or sue me. I called and spoke with someone named Margaret to see if they are going to report this again to the credit bureau and she adv me "my job is not to report to the bureau, its to collect a debt". How long can someone legally come after you for a debt? Also can she put it back on my report and how do I prove I paid another collection agency because I did this so long ago? If they garnish my wages I am afraid I will lose my home. Please help.
The Statute of Limitations is 7-10 years from the last thing YOU
The Statute of Limitations is 7-10 years from the last thing YOU have done about this debt, depending on which state you live in. I would send a debt validation letter certified mail. See example below. This letter does a couple of things for you: 1. It stops any further collection under penalty of law until they can validate the debt and you can verify everything they sent you. 2. It is also a "cease and desist" as well as a "revocation of voluntary wage assingment" letter. This means they MUST, under penalty of law, stop contacting you by phone at home or at work and must send you correspondence through US mail. It also means that any wage assingment you signed is no longer valid, however depending on state law they may still be able to garnish your wages. Check your state law on this. Here is that letter:Quote:
ABC Collections 123 NotOnYourLife Ave Chicago, IL Date: Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for ???verification??? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: ??? What the money you say I owe is for; ??? Explain and show me how you calculated what you say I owe; ??? Provide me with copies of any papers that show I agreed to pay what you say I owe; ??? Provide a verification or copy of any judgment if applicable; ??? Identify the original creditor; ??? Prove the Statute of Limitations has not expired on this account ??? Show me that you are licensed to collect in my state ??? Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: ??? Violation of the Fair Credit Reporting Act ??? Violation of the Fair Debt Collection Practices Act ??? Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I am revoking, in writing, any and all voluntary wage assignments you may have or had. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose. Best Regards, Your Signature Your Name |
citibank debt
Hi, i just recently got a letter from asset acceptance saying i owed around $263 to citibank from 2001. My wife and i were there for only the summer and closed the account in person at the bank at the end of the summer. Asset acceptance said it was a bounced check to some locks company which i never ever have paid. how do i dipute this?
I am pretty sure the only checks i ever wrote from that account were for rent. as we were just sharing a place with friends.
Send the same validation letter. Example above. Under the FCRA
Send the same validation letter. Example above. Under the FCRA and the fdcpa they have to comply. :wink:
check this for SOL. Link made inactive as per forum rules - M
check this for SOL.
Link made inactive as per forum rules - Mike
Always remember the burden of proof is on the CA that you owe th
Always remember the burden of proof is on the CA that you owe the debt. They buy debt for pennies on the dollar and don't care how old it is. They could send the same debt to 10 different people and because its so old some people will just pay it. They have now got pure profit and on to the next one. Make them prove it.
