Asset Accept. LLC-Question about summons

Wow...feb 28 and you only just got it now??? I would check with your local court ASAP to see what the status of this court case is! They may have served you late to make you default! If it has already been seen and there is a judgement, contact the court and let them know you were never served properly.

Ok, it is past SOL, so that will be your defense. Unfortunately you can't DV normally once a lawsuit is in the works, but you could demand validating documents in the discovery part, plus you can motion to dismiss based on the fact is it out of SOL.

Once the case was dismissed THEN you could DV the company, especially if this account is on your credit reports.

Thank you for your response goldenbast.

Can anyone please clarify the status Asset Acceptance collecting in California. I read they had lost their license.

Also, the summons papers were left on the ground next to my front door mat. No envelope, just loose and opened for anyone to see. This just doesn't seem right.

In any case, I will try to speak with the court about being improperly served. Is there anything else I should do?

Hello Jupiter

Quote: -"I have just received a summons from Asset Acceptance for a debt that has not been paid since May 2003 (unfortunate family circumstance)....I live in California so isn't this debt past the statute of limitations?"

Statute of Limitation in California for debt is 4 years. So, it has already past its SOL period.

Quote: -"Is my next step a validation letter?"

You can send a VOD or Validation of Debt letter to the collection agency and challenge it under fdcpa to prove that the item of debt is yours. It will lock them up and if they can????????t prove the same then the collection agency will be barred from collecting the debt.

But always remember that you should send the Validation Letter through CRRR method so that you can have a proof that the collection agency has received the VOD letter.

Quote: - "I know there was an enormous thread on this site on Asset Acceptance but now I can't find it."

You can find details on asset acceptance llc in the link:- http://www.debtconsolidationcare.com/asset-acceptance/index.html

Regards,
Phoenix

Thank you for responding Phoenix.

I have actually e-mailed a couple of attorneys requesting free advice on how I should proceed.

Reviewing the summons documents, it also looks like the default date is incorrect. It is now listed as November 2004 (not true!).

This is such a headache. Is there anyone who has had a similar experience? I would appreciated any tips.

You must respond in writing to the court right away. In your response, you must raise the statute of limitations defense and improper service. They cannot just leave the summons on your door step.

the statute of limitations in california on an account is 4 years from the date of last payment.

I would first do a motion to quash the improper service, then do a demurrer on the statute of limitations. You can find these forms in your local county law library.

Asset's license in California was surrendered and they are not legal in CA. Point that out to them, along witht he SOL being expired and they will go away.

Thank you Guest and Cellular for responding. I am currently seeking advice from Pre-paid legal and have also e-mailed a couple of consumer attorneys. I know I need to act quickly, but I am receiving advice of all sorts that it is becoming confusing.
Pre-paid legal seems to think that leaving my personal information out in public view is not real issue and also says that to do a motion is not the way to go (???).
Cellular, I looked up Asset Acceptance under the Secretary of State of Califonia website and they are still active. (???)
Also, it looks like Asset Accept. has the incorrect date as to when the debt was defaulted.
Oh, so confused.

Oops, looks like I have already mentioned the issue of the default date.
Apologies to all.

Hello Jupiter,

As I have said in my earlier post that you should send a validation letter to the Asset Acceptance collection agency with a CRRR so that you have a proof of receipt.

After this you may make a written complaint to the Federal Trade Commission and send a copy of the same to the collection agency. I think this will warn the collection agency and they will think twice before harassing you again.

Regards,
Phoenix

Hi Jupiter,

Do you have a document in support of your claim that the SoL has already passed? Because this is going to be your defense at the court.

Also you may need the document showing the actual date of DOLA to dispute the entry at their record.

But, first, you need to find out the status of the case from the clerk at the court.

I received a warrant of debt by asset acceptance and i called them and paid 300 dollars, because they said it would settle the debt and drop the court case, but my name is still on the docket for MArch. My question i have read that SOL for va is 3 years for credit cards and i paid via phone. i read that in va only a written contract can restart the sol..so would i still be able to use the sol defense..if so i can not find where it states that open accounts is three years would it be worded differently? and where would i find the code that says that they the clock does not restart for partial payment