asset acceptance llc making me crazy!!! PLEASE HELP ME!!!
Date: Wed, 03/28/2007 - 19:24
In the mail I received a Warrant in Debt (Civil Claim for money). It gives me a court date and time, no case number with a local district court. They list the claim amount with the 'contract' box checked for approx. $1400. They claim this is a credit card debt. The attached paperwork includes a military service verification which has concluded that I am not in service, true. There is also an 'affidavit of account' (exhibit a) from the notary handling the acct with a seal from the state of MD???? saying that AA owns the claim against me with account number and creditor with amount and interest(blah blah blah). Oh and the last page, a bill with a request for payment.
The interesting thing here is that the date they are charging the interest from is 7/'02 According to the last page, this was the date of last payment. They are reporting the date of delinquency as approx. 4 months later than date of last payment. If this was charged off in '02, wouldn't this still be on my cr?
The cc company's account that they are trying to collect on is not listed on my cr. They have put a date first reported as 9/'06. Type of account on CR is listed as 'open'.
I don't believe this is my acct, but I could be wrong. I will be researching 'payment' during said time frame with my bank tomorrow. What are my rights here? I have been all over this site and read a lot about not ignoring the court date. Should I send DV letter, certified with return receipt? That way I have documentation to take with me? Should I get a lawyer? What about SOL's? I am not employed. We are a single family income and I have two children. I want my defense to be effective but don't have a lot of money to fight this. What should I do????? What are my chances of winning be? What should my defense be?
If I should send a letter, what should I write?? What specifics should I ask for? Since they have the 'contract' box checked, yet are reporting it as an open acct on my cr, should I ask for a copy of the contract I signed? Proof of payment? More than just their records of owning the debt as validation????
I have not made any verbal/written contact with this company. I read about their tactics on this website and have not wanted to personally speak to them. Please help me. I'm desperate for some answers here!!!
oh and one more thing, on the affidavit, it says they are organized and existing under the laws ofDE and doing business at an address in VA. Also, was there re-ageing done here?
I dont know much about this but if you were sent court documents
I dont know much about this but if you were sent court documents make sure you go to court otherwise they win by default and can garnish your wages. That is all I can tell you on this matter as I know little about it but someone will come along and help you out...Just be patient...I posted something hours ago and no one has gotten back to me either...Good luck to you and I hope that you find the answers you need here...I know if Cajun was on he would be able to do some research for you but I suspect Cajun is asleep...
thank you for your reply !
i hope you get an answer to your post. best of luck :o) i'll try to be more patient, just feel like i'm being turned inside out, you know?
thanks again!
Hey I know exactly how you feel..I got into this whole payday lo
Hey I know exactly how you feel..I got into this whole payday loan mess and was a wreck before coming on here and seeking advice! I wasn't sleeping or eating and couldn't concentrate on work. I never knew where rent money was going to come from...I did this for months before I got advice and now I have regained control of my life and feel much better ;) SO trust me someone will help you out...Its just late at night and you may not get an answer til tomorrow but I know someone will help you out...I just know it
If you don't believe this is your debt, then you need to follow
If you don't believe this is your debt, then you need to follow the identity theft procedures. I have no experience here, someone else should come along soon enough that can help you with this.
As far as the alleged debt, I'd try to contact your original creditor and obtain as many details of the debt as possible. I suspect reaging may have happened, and you'll need facts to win if that is the case.
If you can't afford a lawyer, perhaps you might qualify for legal aid. You may also look for a paralegal to assist you in your defense (they can't rep you in the courtroom, but they do just about everything else).
If this ends up being your debt, open accounts in VA have a 3 year SOL, so I'd answer with that as your defense. Written contracts have a 5 year SOL, in the event they tried to claim a CC falls under that limitation.
The SOL for open accounts in VA is three years. If it was charg
The SOL for open accounts in VA is three years. If it was charged off on 2002 it would be beyond the SOL. These sort of collectors and debt buyers often illegally re-age such debts so that they will appear to be still within the SOL.
Many of these debt buyers frequently send out "affidavits". Most don't hold water, are signed by some in-house notary, and simply state that they have a debt with your name on it, no proof of anything. Generally these "affidavits" are worthless, because 9 times out of 10, the persons signing them indeed have no knowledge about your "debt" (as they claim in the affidavit). You were right about the court date, don't miss it or they might get a judgement by default. If I were you I would consult with an attorney. Most likely, you can file suit on Asset for the re-aging, and other violations of the law.
If you are going to look for an attorney, you might start with n
If you are going to look for an attorney, you might start with naca.net.
Thank you so much!!!
I can't sleep. I appreciate ALL of your comments.
I'd definitely like to see proof of this 'alleged' pmt in '02. I'm sure I'd remember that, if not the debt!
Thanks for the website for an atty. Should I send a dv letter? Or just consult an atty straight off?
Thanks so much! I'm glad you all were here! And so late! Thank you!
Being that you already have a court date, I would consult an att
Being that you already have a court date, I would consult an attorney straight off.
California Law Student
Since there is no case number, have you checked with the court c
Since there is no case number, have you checked with the court clerk or someone at the courthouse to see if this is valid? I don't knwo a whole lot about law, but if they are taking you to court, and these papers are valid, why did they also send a request for payment page too? Maybe someone can answer that, but I didn't know that this was sent along with the court papers. Also, were you served with papers? Karen
Ok,here is start of a plan for you. 1. Check with court to ensu
Ok,here is start of a plan for you.
1. Check with court to ensure this is a real court case.If it is you will need to file an answer with the court and make all appearances to avoid a default judgement.
2. You state that the account is not yours. If you are 100% certain it is not yours,we can do the id theft procedure.
3. For Id theft,go to www.ftc.gov Click on id theft link to go to that page. Download the if theft affidavit form. Fill it out and have it notarized.Bring to your local police station to fill out a police report.Send copies to their attorney,collection agency,court,and any credit bureaus that are reporting this account.
4. If they do not give up and push for court after this,you will use id theft and statute of limitations as your defense to lawsuit.You would also bring up counterclaims for violating the fdcpa by bringing a timebarred suit to court. Get yourself a good attorney and try to settle down.
