Really scared - due in court on Friday, Asset Acceptance sent me a warrant

I just wanted you to know that there will be someone of knowledge to come by and answer - but, in the meanwhile, don't be afraid.

I don't understand about a warrant? Are you sure this is legitimate and not a ploy by Asset to frighten you?

If it is for real, you should have received a "summons/complaint" from a process server or the sheriff's department. Then you would have something like 20-30 days (it would say that on the papers) to answer. Then after you answer, you will receive a notice from the court not Asset of a court date. Make sure you answer in the time or they will get a default judgment on you. But, still - nobody is going to arrest you.

BTW, Asset Acceptance is a junk debt buyer which means they have bought your debt for pennies on the dollar. They are not collecting on behalf of Capital One, they just want you to think that.

Post back and give some more detailed information about this thing you're calling a warrant. And post back the last date you paid anything on the account. SOL in Virginia is 3 years.

Remember - don't be frightened! You've come to the right place. There are some great, knowledgeable people here that will guide you through this.

Thanks for the reply. The warrant in debt appears to have the name of a third party service stamped on the front of it. Then, there is a hearing date and time at 9:00 AM on 05/14/10 listed.

I don't know if that helps any. I sure hope someone can tell me how to proceed with this mess - I'm very frightened. I wanted to get my attorney involved, but he is already working on another case for me and I don't want to rack up more legal fees.

The warrant in debt is what my state would call a summons and according to Virginia, it does have a different time element.

But, hang on and wait for someone here that can help you! I just didn't want you to think no one was seeing your post.

BTW, when was the last date you paid anything on the account?

According to my credit report, the last time I made a payment was 09/2007. It says the account has been closed and charged off. However, I notice that Asset Acceptance apparently opened the acount in 09/2009. I'm a bit confused by this actually.

Please, I really need some advice - my family has moved out of state, I'm all alone and have nobody to turn to. I'd like to know what happens in a situation like this in court, what to expect, etc. I'm very scared and don't know what to do. :cry:

i PM'D skydiver on this as it looks like ass-hat acceptance is trying to rush a judgement through.they are counting on you not being prepared.i would go to court,and demand validation during discovery,or if you could check with the court to see if this is legit or not.it just doesn't seem right.as angeldove posted.you should have 20-30 days to respond.either check with the court to make sure this is legit,or go with the notion to demand validation as you can point out that you just received the notice this week.better yet if you can prove you just received this you can request a continuance given the fact that you had no time to respond at all.

Thanks for the reply - I appreciate it. Yes, I checked with my local court and sure enough I'm listed to show up at 9 a.m. tomorrow. I have no idea what is supposed to happen at court and I'm terrified. I was working so hard (2-1/2 jobs) to pay off past debts and clean up my credit, and now this. I feel like giving up on everything. It's hopeless. :sad:

Quote:

I read somewhere and will try and find it again that the first appearance, the judge just asks if you owe the debt or not. Since you didn't have much chance to see any papers or do any research, you could say that you haven't seen any proof from the Plaintiff that the debt is yours.

Someone correct me if I'm heading in the wrong direction - but, this sounds like another case of a debt being sold to another company with whom she did not have a contract to pay.

Hopefully, skydivr will be by and help you. But, in the meanwhile I'm going to find some links for you to read in hopes that it might help! Be back shortly!

Don't worry about this first date to have all your stuff together. This apparently is what they call pre-trial. If you don't make an appearance though, they would get a default judgment against you, so be sure and be there! Don't admit to owing this debt to anybody!

At the pre-trial, the judge will probably ask if you deny owing the debt. Tell them you do deny owing the debt as you don't know these people and have never had any kind of business relationship with them. That should get things rolling for the judge to tell the Plaintiff that they need to deliver their Bill of Particulars and will give them a certain time (days) to get their evidence together to prove their case. At the same time, he will tell you that you will have that certain date to also deliver your Grounds of Defense which will be your line of defense against them. Then everyone will be given another day to return to court.

Can you tell us in more detail, exactly what papers did you receive? Maybe just type all the words in here, but leave your personal information with blanks so as to keep your identity private.

Is there any kind of affidavit or proof in the papers they gave you?

I'm trying to get everything out in the open so hopefully if skydivr gets here . . . everything he needs to know will be waiting!

Also, read this link. It lays everything out where it is more understandable! ;) http://robertweed.com/blog/before-bankruptcy/what-you-need-to-know-when-you-get-a-warrant-in-debt/

Sorry for showing up late to this party...

1--definitely show up. Do NOT skip court. They will get a judgment against you if you do.

2--Asset is famous for going to court and not having anything to prove their case. You will have to question EVERYTHING they produce. Dont worry, it isnt as scary as it sounds!

3--Deny the debt. As already said, you have no idea who Asset is. So, you need to reply that you have no business with this company and that you deny the debt.

4--Discovery--you will want to ask for original documentation of the debt. You want the original contract that bears your signature, you want complete payment history, and you want full chain of custody for the documents.

Typically, when you have the first court date, the judge has both parties sit together and try to iron out some kind of settlement before the case is actually heard in court. Whatever you do, do NOT admit to anything. Its important to pay your debts, but it is equally important to make sure youre paying them to the proper people!