Asset Acceptance LLC - how do they collect debt

Thanks for the awareness about Asset Acceptance, David. You are doing a great job in uncovering all the collection agencies doing illegal practices. It will be of great help to everyone and know about their dealings.

Personally speaking, I also didn't have a good experience with Asset Acceptance. They were looking for someone similar to my last name. Despite showing them proof about the wrong contact done here, they were forcing me to make the payment. They even went to the extent of insulting me. Sadly, I was not aware about recording the phone calls. I live in Texas where recording collection calls secretly is allowed legally. I would have used every piece of information against them to file charges for fdcpa violations. Those who are dealing with Asset Acceptance regarding disputed account, be careful. Chances are that you hold the legal grounds in the first place. Be aware of your legal rights while dealing with Asset and you will be in the safe side.

I recently received a copy of my credit report and I show an outstanding debt that Assett Acceptance is trying to collect. I don't know what it is for. Should I try to contact them to inquire about the debt?

Go ahead and talk with the collection company. The debt must be given to you in writing as per the fdcpa laws. If they have hit your credit report with wrong information, it needs to be corrected immediately. Talk to the CA and ask them to validate the debt.

I just discovered your site and still reading some of the post which are very helpful. I would really appreciate some tips to help me get through the next steps. I received a collection letter from Asset Acceptance. I sent them a validation letter. I've been getting calls at my house (unlisted), my cell phone (blocked w/ caller ID) and my work (not sure how they found out!). I think this is harassment. I've heard horrible things about them.

Thank You in Advance for the help.

You can stop the collection calls of the debt collectors by sending a cease and desist letter to their mailing address. The FTC website has complete information about the process on how the collectors should contact the customers. If you send a cease and desist letter, they are bound by laws to stop all communications with you in the future. You can ask them to do all the contacts in writing only, but no phone calls. Read this link

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805

Template of the cease and desist letter is put in the link below. Send the letter through certified mail/return receipt requested.

http://www.debtconsolidationcare.com/template-cdletter.html

Hi, I'm new here, but I just had to write about a recent tangle with this terrible company,

Two weeks ago, Out of the clear blue, I got a phone call at work from AA saying they were beginning garnishment of my wages for two debts from 1996. They said I had a Marshall Field credit card, and a bank loan from a bank in Toledo. I never had either and told them they had the wrong person. This person was very rude and nasty with me, and after finally making them realize they were wrong by noting that my last four SS# were different from the one they were looking for, the woman hung up on me.

Two weeks later, my boss recieved court orders to begin garnishing immediately for $4000. The SS# was not mine and neither was the address. I called them
immediately demanding to know what this was about.
They sent it anyway after they were told it was not me!!!!
I called the court, and caught them in a lie about when they filed the order. They said it was filed several weeks before they ever talked to me, and court said it was just acually last week. ( So you file garnishment orders without ever checking to see if you have the right person?????????? What's up with that?)
The court said to report their attorneys to the Bar ASSN. and file a complaint against them. They also said this outfit was famous for thier antics.


I have been humiliated at work and even though everyone knows I'm innocent, it still will be remembered by everyone. It is very embarrassing.

My boss is going to send a letter of proof to them, but who knows if this will clear it up. They are like vultures and don't care where they get their money from, they just grab the first person of a given name with a job, and target them.
They sent out a garnishment order and never investitgated. This is unethical practice by their lawyers, and I am considering filing a complaint against them throught the Ohio Supreme Court. I may even pursue defamation of character charges against them. I am very upset by this.
Would I have a case?

KAREN!!!!

I would fight this as far as you can! You have alot of proof and they were stupid enough to contact your employers who are now witnesses. GO FOR IT!! Let us know what happens. Im not a lawyer, but I would say the ball is in your court. Ill bet it will be worth your money!

The reason that this wasnt investigated is because its probably an account that was created by the agency. Its a scam attempt.

Hi--
My husband is also trying to deal with this company. We sent a certified return receipt validation letter to them on August 9th and as of today have yet to hear anything back. We haven't even gotten the return receipt back. We sent out letter to the Van Dyke Avenue in Warren, MI address, is this still the correct address? What should we do now? Should we send another letter with "payment enclosed" on the envelope, just in case they refused the first letter? I don't know what to do and our 30 days is up on September 1st. Help please. Thanks.

got an email from BudHibbs.com and they gave me address for Asset Accept. attorney. So we sent another validation letter to them we'll see what happens. Still would like to hear any advice anyone would have. Thanks.

In the state of Maine, there is an Office of Credit Regulation who assists consumers in the process of dealing with abusive CA's. Check it out at:

http://www.maine.gov/portal/index.html

In my battle with AAC, the state of Maine has sent a letter directly to AAC requesting validation on my behalf since AAC has refused my requests to this point.

If Asset does not provide the State (and me) with proper validation within 21 days, the state will take punitive action (i.e. license suspension or revokation, fines, etc.).

It would also serve to establish a VERY authoritative paper trail for my pending lawsuit.

This is a great and free service provided by the state of Maine...all of you should check if your state has such an office, and if not you should talk to your legislators about creating one.

There's nothing like having your state government go to bat for you on your behalf. It is like having a free attorney who also has the power to punish the collection agency!

For the record, AAC has a false installment account on my Experian and Equifax files, in addition to numerous other fdcpa and FCRA violations. They have refused to respond to my letters, and have "verified" the debt to all 3 credit bureaus several times.

If they don't respond to the State of Maine's letter, I expect to be filing a substantial lawsuit soon. I also expect the State will take action.

I will update when there's more news from here!

I have been harrased by these folks for some time now, phone calls at 6am local, calling work, calling work cell etc. The original debt was with Providian I didn't use it for some time after I got the dang thing, but I started when I lost my job and still had to pay bills. The problem was that I never payed anything on the card.

I checked my CR today and found that they have placed 3 seperate marks with each different agency. (Experian, Equifax, TransUnion) The funny thing is that all of them have different names of the company and different dates on when they were reported open. Experian has it as asset acceptance llc, Equifax has it as Asset Acceptance Corp, and TransUnion has it as Asset Acceptance.

Since the date of the original debt has passed the SOL (6/1/00) either by a few months or 3+ years is there a way that I can have them remove the marks on my CR?

I've been trying to get a new car, but my credit union won't have anything to do with me untill I pay these idiots off or have it removed from my report.

Any suggestions would be appreciated.

Update on my previous post:

Asset Acceptance actually ignored the letter that came directly from the State of Maine...unreal. Now, the State is VERY interested in what is going on, and is taking further action.

It turns out that Asset Acceptance does not have a license to operate in Maine, which is a CRIMINAL offense here. That's right...CRIMINAL.

That also means that they can't legally have this item on my credit report...but it was updated just this week.

They've gone out of their way to make my lawsuit very easy, which I appreciate. I'll be filing in State and Federal court next week for at least 25 violations of the federal fdcpa and FCRA and the Maine equivalent laws. That's $50,000.

The State of Maine is actively investigating and I'm hoping they file criminal and civil charges against this despicable company and go after them where it hurts: in their wallet. At the very least, I hope that AAC is permanently banned from operating in Maine.

In addition to the pending lawsuits, I have also filed complaints with the Federal Trade Commission and the Better Business Bureau, and have prepared letters to the Maine Governor, Maine legislators, both my US Senators, and my US representative explaining the situation and requesting that bills be introduced to increase the maximum civil penalty to $10,000 per violation to deter these abusive practices.

Another update:

AAC is on the run, now! They deleted the bogus account from Experian and Equifax today. Seems maybe they figured out that they are in a heap of legal trouble. But alas, it is too little, too late for me. They had plenty of opportunities to come clean and avoid a lawsuit, but they failed.

They deserve to be punished, and I will do everything within my legal power to see to it that they are.

More to come...

I received a bill from AA at the end of August for an apparent unpaid telephone bill in the State of Ohio. LDA is 1997. Both my name and address on the bill are incorrect. I called AA to tell them this was not my debt. When I asked to speak with the reps supervisor, the supervisor got on the phone and screamed at me when I mentioned both debt validation and SOL, demanding to know if I was going to pay the debt or not. I refused to give an answer until they could validate the debt and prove that it was within the SOL.

I sent a debt validation letter to AA, which is identical to the samples on this website. Within a week, I received a form letter response that was IDENTICAL to the first bill, except this one thanked me for my debt validation request and broke the total amount due out into principal and balance. That's it.

No reasonable person would give me money if I walked up to them on the street and told them they owed me money without some kind of proof, so why am I legally obligated to pay a company money they can't proove I owe and I have no record of owing them.

I have checked my credit report and they haven't posted anything. Yet. I have not paid them anything, and I refuse to do so until they adequately validate the debt.

Here is my question: I am about to send a follow up letter, and I want to know what constitutes adequate validation? Also, what if they respond with the same generic letter? What do I do if they post to my credit report before the debt is validated? I have worked extremely hard the last 7 years to achieve a wonderful credit rating. I'm concerned these jerks to whom I owe nothing have the power and ability to hurt my credit.

Should I get an attorney? What do I do next?

Miss Meg, This happens all the time and chances are they know its not your debt. It might not even be a real bill. I would file complaints asap!

A hit showed up on my CR from Asset Acceptance for an old Providian account. The Original creditor Providian is showing up also with an amount for $3700.00. The account was charged off around 2001. Asset Acceptance has this account now and has the balance as being $7000.00. I need some guidance in handling this problem. Please help me.

I too was getting calls from these people, at work. The man was very rude and hateful to the receptionist on several occasions, but she made a game out of his phone calls, would never say who he was with, so we gave him a code, next time he called he was told he was being put through to me and the legal department got the page about a code 9 being on the line and he got them instead. He wasn't such a smart a** then. Haven't heard from them since

In November of 2005 my husband and I were served with papers from Asset Acceptance to appear in court on an old debt that was not valid. I did not have the original paperwork on it as it had been over almost 7 years since it had happened. I talked to an attorney who told me that there was really nothing that could be done since I did not have the original paperwork to prove otherwise. So I did nothing and a judgement was entered for $1998 plus court costs. In January these crooks then applied a request to seize property and the sheriff's department came and took my car. I borrowed the money thinking I had no other recorse and paid off the debt to get my car back. In May I received a letter from the court that was also sent to thier attorney and it said that the money was released to Asset Acceptance. I thought everything was taken care of and that I had nothing else to worry about. Then on November 15th they went back to the court and requested a Garnishment of my income tax refund FOR THE EXACT SAME DEBT!!!! I went to the court and filed an objection as the day that I received it was the last day that the objection could be filed. The court gave me a supervisors name and phone number at Asset Acceptance and said to call them and find out what was going on because they had never filed a Satisfaction of Judgement. When I spoke to this man he told me that I was lying and that payment had never been received. I let him know that I had a true copy from the court that it had been paid and to give me thier fax number and I would fax it to them. He told me that they don't have a fax machine. HA HA!!!! I suggested that he call the court and try to settle this to which he replied that it was my responsibility and not his. When I went back to the court yesterday they told me that there was nothing they could do and I would have to be at the court at the time scheduled. I know that Asset Acceptance has my money and am now hiring an attorney to countersue them and see if I can get my money back plus damages from the origanal judgement if they will let it be vacated. Any suggestions on what else to do?

If any of you are located in the state of California and need assistance in dealing with Asset Acceptance or any other collections company, you may contact my office at 562.498.9735. I can not help non-california residents, but the Fair Credit Reporting Act has very strict laws regarding the actions of these collection companies. In general, and every case may be a little different: The date of last activity is when the consumer stopped paying the original creditor. Most collection companies won't bring suit over very small amounts, less than a few thousand dollars, it isn't worth the legal cost. But, what they do do, is they will continue to move the date of last activity to continue to damage your credit scores. This is a violation of the FCRA and under this Act, if it can be shown that the collector show "reckless disregard for the rights of the consumer" you can meet the definition of malice under the 9th Circuit's interpretation of the law. You can be intitled to actual damages, paying a higher mortgage rate, getting turned down for credit, etc. and you can get punitive damages if there actions are found to be wilfull.

Please contact my office is you would like to discuss these matters further.

I received a letter from then stating that they are collecting a debt from 25 years ago! I don't believe I even had the debt but if I did, can they actually file this and put it on my credit report? I'm in Florida.
I called them and they used typical high pressure tactics ( ie: talking over me, telling me I have to pay up etc ) and I told them I do not owe any such debt and hung up.
Isn't this against the law???

my husband got a letter completely out of the blue from asset that says he owes 32,572.97. we have absolutely no idea where we couldve spent 32,000 dollars! i drive a 1983 datsun we live in an apartment, and our kids are grown! there is no way we could owe this amount of money!

looking 4 phone number 2 call you about a debt on my credt report

:twisted:

hi, my name is Juan, and I am trying to get a phone number to pay off a det I have with AAC can you give me a phone number where I can't talk with someone?

Thanks

AACC has been trying to get money from me for at least 8 years. I throw away what they mail and don't answer when they call. I admit, I did have a membership at Bally's-in 1997, and didn't pay. My $300 debt is now $1000 I don't think they have ever put anything on my credit report, but they look at it periodically. In a recent letter they stated, "now would be a great time to pay because you are looking at buying a home or refinancing." We are looking at refinancing in a year, we have to. I'm fine ignoring them, I just dont want something on my credit report when I'm refinancing.
Please Advise,
Lucas

These are a real pain! I have set up payment plans and they cash the payments and now they have a request for garnishments on my wages & taxes. If they accept payments & cash them can they do this?

They cannot garnish your wages without a judgment, which means they would have to sue you and win.

Tax returns are even more difficult as there are more exemptions. Additionally some states have laws that prevent garnishment.

They already hit my checking account in Aug. I set up payments in Jan 2008 over the phone and they guy yesterday was rude & so much as called me a liar about the payment. They mailed the writ to my place of work on the 13th of Feb after they accepted the 1st 2 monthly payments. I agreed to send them $100.00 per month on the bill.

They had a writ of execution?
I'm guessing you were sued then?
Did they Serve you?

regular mail

If they sued you and obtained a judgment followed by a writ of execution and if your state law allows then yes then can garnish your wages (up to 25%) garnishing tax returns are another matter that I'm not entirely familiar with. If you can bare with me someone will be along to answer that.

Asset Acceptance Capital Corp. 6985 Miller Dr, Warren, MI48092 Tel: (586) 939-9600

Assets Acceptance LLC is located @ 28405 Van Dyke Avenue, Warren, MI., 48093 1(586)939-9600 Nathaniel F. Bradley - Chairman of the Board, President, Chief Executive Officer

Hi i just received a letter from a law firm GOLDMAN WARSAY & PARRELLA TRYING TO COLLECT A DEBT FOR $5.000.
they say they want to give me 40% off the bill but i do not have that kind of money ASSETT ACCEP wa on the letter as well will they work out a payment plan with me.. what are my rights before they take my salery single mother need help.

Asset will lie to you.

Info please:

1. Where do you live?
2. What is the debt for?
3. When was the last time you made a payment?
4. Have you sent the Law firm a Validation letter?
Asset generally does not or cannot validate.

Also if you accept a discount they can report the savings to the IRS and you will have a tax liablity on the $2000.

I've actually had okay luck with AAC. I was able to validate a debt with them, and they do in fact own it. I requested that everything be put in writing, and they have complied with that so far. I worked out a payment plan, on the condition that the account is listed as "paid in full" when it is satisfied. I am not giving them any account information over the phone, though they did ask for a checking acct #; I have paid everything online and have kept records of the payment confirmations. If the account is not listed correctly, I will take the necessary steps with the CRA's, though I didn't make that known to AAC.

This company (in Florida) has been trying to collect on a 10 yr old debt for about a year now. It is my husband's debt and they even began garnishing his wages for it. They never even contacted him, we just got this letter one day from the court. We called the company and they said he couldn't avoid it unless we had minor children in the house. The debt is 10 YEARS OLD!!! I was under the impression that after a certain point, they cannot just garnish your wages. They are now calling him regarding another debt they say he owes. Again, over 10 yrs old and it is actually his ex-wife's debt. We're not sure what to do with these people.

I recently was issued a summons from Asset Acceptance (I'm located in Florida). I called an attorney that morning and was told I should work out a deal with them. It was for an old account I had with Dell. (I didn't need to ask for debt validation because they had the papers included...and I knew it was mine anyways.) I called that day and worked out a payment plan with them.

My problem occurred with them after the fact. I was told by them that I didn't need to show up for the pretrial since it was worked out. They also told me that paperwork was sent to the court and I didn't have to worry about it. Twice I called the court and was told that they never received any paperwork and that I should show up anyways to cover myself. I called AA immediately afterwords both times and was told the paperwork was sent, and that it was probably just lost in all the paperwork the court gets. Oook.

I showed up for the pretrial with the paperwork I signed and had sent back to them. When it came down to being called, I went outside to talk to the attorney that was there for them. He didn't have any copies of my paperwork or have any knowledge that we had come to a settlement ourselves. He called up the person he was dealing with in the company...and get this...didn't have my paperwork on file. So two people tell me the paperwork was sent to the court, and now they tell me that they don't have it??? How does that happen? The gentleman then took copies of the paperwork I had on my and I was free to go.

I just feel like AA tried to set me up to shoot myself in the foot by not showing up. I could have had a court date set and not even have known...and then had to pay their attorney fees. Where should I go with this next? I feel like they tried to screw me over.

Well chosenonex, it sounds to me like you are right, it appears that they tried to set you up for a default judgment. You could continue trying to make this work or I could give you some tips that could help you turn the gun back on them and let them shoot themselves in the foot in turn. Possibly getting this case thrown out. It's up to you, what would you like to do?

Would like some tips on letting them shoot themselves in the foot of course. :twisted:

caveatemptorblog.com/2007/05/08/pocket-service-and-pre-judgment-garnishment

Your readers might find this an interesting site

So any tips on how to proceed next with dealing with them?

You have to wait for their next move. But I would check your locale court every month if possible to make sure they don't re-file and say they served you and get the default judgement. Also if you haven't send them a DV letter (cmrr)that will generally make them leave you alone.

Well, after falling a few payments behind to AA after having to fork out almost $2000 for car repairs for my mother...I get a letter in the mail saying that they went ahead and took it back to court and got the default judgement against me. Nice.

I have two more weeks to send them paperwork including a copy of my last paycheck and bank statements. Any advice on what to do next? It just kills me that it's because of circumstances beyond my control that I got backed up on payments and they kicked me while I was down. Not that I didn't expect it from them.

Are you saying they got a default judgement without your appearing in court?

Correct. I was never even given a warning that it was going back. It was like...surprise...here's the papers in the mail a week after it happened.

it should have something from the court as it should be a court document.i would contact the court to make sure.it sounds like improper service and should be grounds for dismissal with perjudice.

My whole thing is though...is it considered improper service if they considered it a default on our agreement. I was properly summoned the first time before we came to an agreement...but do they have to summon me the second time if they take it back to the court if I missed a few payments?

It sounds like they got a judgement the first time based on the agreement and they went back and requested the default be entered.

Sounds like you defaulted on your agreement....

No kidding...I already stated as much.

My question is if there's anything I can do to get out of it. It was due to circumstances outside of my control that I didn't have the money to keep up. I can catch up now that the car repairs are all said and done. Should I try and work this out with them? Should I file anything with the court stating that due to financial difficulties that I can't afford the judgement?

Maybe I'm just irritated that they tried to screw me with the default by telling me I didn't need to show up to court in the first place...