Asset Acceptance LLC/Lawsuit
Date: Sun, 10/12/2008 - 15:36
I was suid by Capital One in 2007. I settled in lieu of judgment but I was sitting in the courtroom and what one man did was send a letter to the Attorney (Certified) which says that he is submitting a check for $500 (the amount they were suing him was like $4000) and if they cash or deposit that check then the account was settled in full.
Well the lawyers office apparently deposited or cashed that check and guess what? The judge ruled in favor of the defendant and Capital One lost!
I am doing the same thing with Asset Acceptance. I am mailing them a check for $100, certified mail, with the same settlement. If they deposit or cash it, I consider it settled. It's worth a shot! I'll keep you all informed...
It won't work. Under section 3-311 of the Uniform Commercial Co
It won't work. Under section 3-311 of the Uniform Commercial Code, for that to work, there has to be a genuine dispute about the debt for the compromise to work. Not surprisingly, some judges don't know the law and/or are very defendant friendly, especially when it comes to credit card accounts.
Restrictive Endorsements are great in theory but are very rarely
Restrictive Endorsements are great in theory but are very rarely binding and therefore generaly would not stand up in court. What state do you live in? You stated that this is for a Bally's account you never used but did you make payments on the account? When was the last time a paymen was made? Is AACC reporting on your credit repors? www.annualcreditreport.com
I live in Florida. I think that they debited my account twice in
I live in Florida. I think that they debited my account twice in 1999, but that was it. The last payment they received was in late 1999 or early 2000. I don't understand, I live in Broward County and the judge accepted it for the Capital One lawsuit that I sat in on. If a judge in my county accepted it as a new contract in that particular case, then why wouldn't it work in this case? This company has not filed suit on me...yet...but I've done a lot of reading on them and really don't feel that I owe them $4000. Any other help or advise to deal with these people would be appreciated greatly!
P.S. This is not showing up on any credit report...I think the debt is too old. But if I make a payment won't it show up? If I don't make payment then can't they file suit and then get a judgment which would probably be a lot more than $4000? If the last time I made payment was in 1999, hasn't the statute of limitations expired for the state of Florida? If that is the case then why am I still receiving letters from this company?
Regardless of if they file suit or not, this debt is time-barred
Regardless of if they file suit or not, this debt is time-barred by statute. They can file suit but you have an affirmative defense to the suit, SOL. Reporting period would have exired in 2006 or 2007 so this should no longer appear on your reports and SOL expired in 2004 or 2005 depending on the date of last payment. This would have fallen under the 5 year SOL for written accounts BTW. If they do sue, make sure you respond and use SOL asyour defense. Do you hae the documentation to support your defense if it comes to that?
I do not because it was from such a long time ago. What I decide
I do not because it was from such a long time ago. What I decided to do is to not make a payment at all and request validation of the debt in writing, certified mail return receipt. That way they can tell me what they have on their files. This is not appearing on any credit report but I have received letters from them for quite some time. I'm just worried that they will file suit. What documentation would I need to support SOL defense? I'm hoping that their validation (if they send) will have something stating the last payment received which is definitely more than 5 years ago.
I would DV. Whether they provide validation or not, this is wel
I would DV. Whether they provide validation or not, this is well beyond SOL and reporting period. I would follow up with a strongly worded cease comm FOAD letter. Write it in crayon if you want. They can contact you once more after recieving it to inform you that a) they are ceasing collection efforts or b) any specific action they intend on taking. Really the only thing they can do is sell it on down the line. If so, rinse and repeat.