Skip to main content
index page

We are being sued by Asset Acceptance for a debt we have over paid!

Submitted by christypar1 on Sat, 07/19/2008 - 09:42
Posts: 3
Credits:
[Donate]

ok we bought a bow flex 7 years ago it was a total of 1'000$ and the monthly payments was $50 monthly but we over paid them in monthly payment in $200 a month so we could get it paid off faster this vowflex kept charging us late fee after late fee even thou we where paying $200 month now how is that late and now it been 7 years and they just sent us a letter saying they where sueing us for $ 3,077.12 vut the johnson law firm and that they where going to garnish is wages if he didn't pay court date is set for oct sometime they even served us papers that was bought to us by a police. I have papers showing we over paid some where. and I know that we don't owe them anything....


First off Welcome! What state do you live in?Check out whether Asset Acceptance LLC is licensed to collect in your state. When was the last payment made? What else came with the summons? An affadavit, questionaire, Discovery or Interrogatories? Start digging for that paperwork and let us know.


Submitted by NASCAR_Devil on Sat, 07/19/2008 - 09:55

NASCAR_Devil

( Posts: 4671 | Credits: )


If the above is correct then this debt for which Asset Acceptance LLC is harassing is time-barred by statute based on AL's SOL of 6 years. Can you still access your bank statements on-line? You will need to prove when the last payment was made but you have an affirmative defense to the suit. What came with the summons?


Submitted by NASCAR_Devil on Sat, 07/19/2008 - 10:21

NASCAR_Devil

( Posts: 4671 | Credits: )


I need to file SOL with court in Indiana. How do I go about that?


Submitted by on Sun, 08/24/2008 - 11:02

( Posts: 202330 | Credits: )


From 1978-1982, I took out student loans and began repaying them after graduation. Ten years later, I had almost completed all of the payments with the exception of about $1500. I was going through a divorce, then almost killed in an automobile accident. It took years for me to recover and no one was available to continue to pay my bills.
Today, the debt continues to show on my credit report and the company that continues to reage it is Asset Acceptance Corporation. What are my legal rights since this debt is over 25 years old?


Submitted by on Mon, 09/29/2008 - 18:27

( Posts: 202330 | Credits: )


Does anyone have any prior experience of Asset Acceptance Court Cases in Kansas ?


Submitted by on Wed, 11/12/2008 - 03:41

( Posts: 202330 | Credits: )


i am being upfront with all of you, why delete my post, if people can bash a company at least let the compay voice be herd!

I collect about 50k a month for my company (total each month the compay brings in 10-15 million, not bad)and get letters all the time on how nice and helpfull i am, no i cant speak for everyone who works there but i am sure at your local walmart there is a few bad apples that work there and are mean and rude, its collections, we have to be stern, not rude but stern.
if ur going to court again the company has a leg to stand on is is prolly gonna wage gran you, if u work out a pay plan with us u have no problems, as for filing bankrupt, instead of paying a bill, ill tell ya like this, i hate my landlord, but instead of moving(because i like my place) i pay him, kinda of the samething u file bankrupt because one person out of 10,000 that work for us treated you badly, again i am sorry that one person upset u but remember we are calling on a bad debt that is owed, and we are willing to work with you as long as u dont lie(we can see your credit updates and your file) and make arrangments that can be meet each month or offer a decent settlement, most cases i take 50% of the balance owed..


Submitted by on Mon, 11/24/2008 - 22:00

( Posts: 202330 | Credits: )


- Keeps calling asking for someone not here.
- Calls daily and mulitple times per day.
- Hides their CallerID under "Unknown Name, Unknown Number"
- Confessed they use an auto-dialer.
- At one point was getting hang up calls.

This is unadulterated harassment, illegal, and criminal. They have been trying to get information about me, which I refuse to give. I've been reading how these companies now try to collect information on people so they can trump up a bogus debt.

I finally had to put a Trap (not a Trace) on my phone because they even blocked the return call feature. I now have enough of their calls to turn into the police.

BTW- I understand that each illegal call they make you can sue them by law for $10,000 each. You just have to prove it. A Trap proves it.

I spoke with my phone company rep who put the Trap on my phone. She use to be a debt collection rep. She left because her conscious could no longer tolerate the criminal activity she was seeing and required to participate in.


Submitted by on Wed, 11/26/2008 - 14:30

( Posts: 202330 | Credits: )


The most thorough and final is an attorney that specializes in cleaning up credit reports. They can force this company to back off. If they continue their antics, your attorney can then sue them for monetary and punitive damages.

To get find some other good information to try protection on your own, try this website:

http : //budhibbs .com /debtcollectorpages /asset_acceptance_corp .htm


Submitted by on Wed, 11/26/2008 - 15:30

( Posts: 202330 | Credits: )


yeah i can spell, was typing fast, can u pay ur bills?

bottom line is asset is not a collection agency it is a fin. company, we buy bad debt and become the owners of the account, and go by what the creditor states to us to be true....
for real grow up pay ur bills and asset wont buy ur debt and call you...as for december, u can ge great deals this month as the collections are down due to everthing that is going on now a days....i see you still can't spell or type...paulmergel


Submitted by on Sat, 12/06/2008 - 19:56

( Posts: 202330 | Credits: )


we use auto dialers, not to cell phones though, we cannot block our numbr, it shows as AACC with the phone number. as for the phone rep that couldnt handle being a collection rep, asset dont break anymore laws then the next collection company, everyone feels a collection company is breaking the law by calling or asking them to do what the promised to do, which is pay back a loan or line of credit they took out.
Dont wory about Asset for every one person that sues the company we garn wages or sue about 10 people! face facts we are buying more and more accounts everyday because people dont have money to pay back there accounts and with that comes more revenue for our company!
Trust me when u want to get a home loan or want to get a large line of credit you will call, and we will take good care of ya. most people only go on what they hear rather then what they see, I myself would work for a company unless they were completely legit.....we couldnt be on the NASDAQ, if we were such a law breaking company, our stock holders wouldnt have it. once again try to make pay arrangements with another company on a settlement, they will laugh u off they phone, but with asset we can give a discount and break it into payments, because we dont collect for others we collect for ourselves!


Submitted by on Sat, 12/06/2008 - 20:05

( Posts: 202330 | Credits: )


Asset is a company that refuses to follow federal law. I have been waiting 3 years for the documents that your staff attorney said were available and going to be sent.
The only thing they sent were in house generated documents that are worthless. Also they say they are collecting for MBNA.


Submitted by on Sat, 12/06/2008 - 20:30

( Posts: 202330 | Credits: )


I have asset on my credit. I called them and asked them what it was and they told me they sold it to another company. I still have no explination as to what it is for. She also told me that I would have to prove the debt is not a good debt. I ask how I was supposed to do that when she will not tell me what it is for and she said to contact the people they sold it to. Well those people do not have it on my credit file asset does. Can anyone tell me what I need to do. I have sent certified letters with no response.
Thanks in advance
Melinda


Submitted by on Mon, 12/08/2008 - 08:00

( Posts: 202330 | Credits: )


I'm confused. I have a law office trying to collect this debt from 1993. All I know is that the creditor is asset. I don't know how to find out what is was for. The paper I just got from the law office has my maiden name and my recently ex-husbands name. If someone could tell me how to look up my account, that would be great. Thank you


Submitted by on Thu, 12/11/2008 - 10:34

( Posts: 202330 | Credits: )


My 26 yr old daughter has been getting calls ( my home #) for a woman who apparently lives in Pa. not NY who is in her id 50's and has one letter different in the last name. sHE has been called at her job too. They apparently crossed checked info and her job number was on a car lease credit check, she is not in arrears on a thiong and checks her credit report twice a year due to this. She has perfect credit and has told these people over and over she is not this woman that htere info is mixed up. They tell her we will red flag this but they havent stopped yet, and the calls come from all over. We get a call from Arizona automated that hangs up on me whenever they call. I actually looked the womans name up and found her in Pa. and she like I said is 30 yrs older and apparently moves often. Asset Acceptance may consider itself a financial company but they need to get there facts straight and stop harassing people. They are not right all the time, if someone owes a debt fine they need to deal with that. But if you are not even the person in question! My daughter feels like I have to prove they are harassing me and give them personal info to boot. This is ridciculous already, it to the point we she now gets credit card offers for this womans name in the mail.


Submitted by on Tue, 12/23/2008 - 08:09

( Posts: 202330 | Credits: )


My 26 yr old daughter has been getting calls ( my home #) for a woman who apparently lives in Pa. not NY who is in her id 50's and has one letter different in the last name. sHE has been called at her job too. They apparently crossed checked info and her job number was on a car lease credit check, she is not in arrears on a thiong and checks her credit report twice a year due to this. She has perfect credit and has told these people over and over she is not this woman that htere info is mixed up. They tell her we will red flag this but they havent stopped yet, and the calls come from all over. We get a call from Arizona automated that hangs up on me whenever they call. I actually looked the womans name up and found her in Pa. and she like I said is 30 yrs older and apparently moves often. Asset Acceptance may consider itself a financial company but they need to get there facts straight and stop harassing people. They are not right all the time, if someone owes a debt fine they need to deal with that. But if you are not even the person in question! My daughter feels like I have to prove they are harassing me and give them personal info to boot. This is ridciculous already, it to the point we she now gets credit card offers for this womans name in the mail.


Submitted by on Tue, 12/23/2008 - 08:09

( Posts: 202330 | Credits: )


How can you collect on a debt if its been passed around so many times that you cant even tell me who the original creditor is? You are asking me to pay on a debt that is over 8 years old and when I ask who you are collecting for you tell me to go through my files and look. Dont you have to show me something that states how you came up with what I owe and who it was for?


Submitted by on Tue, 12/23/2008 - 14:57

( Posts: 202330 | Credits: )


Hey curious, most likely if the debt is over 8 years old, it is timebarred. That means they can't sue you and you don't have to pay. If they do sue you, you can have the case thrown out in 2 seconds and then turn around and sue them for $1,000


Submitted by on Tue, 12/23/2008 - 15:48

( Posts: 202330 | Credits: )


Phone Number Report: 866 801 0004 This number call 3 to 4 times aday, everyday. From 7:00 am To 9:30 pm cst Asking for someone that does not and has never lived here. The number according to the net belongs to Allied Interstate/ Allied Collection Agency. I'm on the Do Not Call list, but that don't help. And I do not owe anyone any money and have never defaulted on a loan.


Submitted by on Wed, 12/24/2008 - 07:23

( Posts: 202330 | Credits: )


When I entered into an agreement with Asset in Aug of 04, I had finally gotten my SSI settlement which I had been waiting 3+ yrs for. I immediately contacted all of my creditors and got my debts paid.

But Asset was the only company that gave me a hard time. First they had to have a down payment of $250 in order to accept my monthly payments of $25.00. And I was promised that there would be no more interest the bill was somewhere between $3,000 and $4,000 depending on what date you spoke with them.

After cleaning up my credit and constantly checking my credit report I noticed they were reporting inacurate amounts, and that I wasn't paying anything on the account. I would file a dispute and Asset would say nope the totals right.

I called Asset and was told that this is policy in case you stop paying they can then add up the interest the account has accrued and go after you that way.

But I thought it was funny that in December 2004 they sent me a letter telling me I owed $4899.19. And thanked me for paying on time every month I had at that point paid them $750.

I never got another letter from them except the monthly reminder that they were going to send in my e check payment on the 6th of the month.

After 4+ yrs I was curious as to how they had applied my payments so I asked last month for a full accounting of all payments made to them since I have paid from 3 different bank accounts and don't have access to the ones that are closed.

My agent refused saying he doesn't have to give me that in writing he quickly told me what I had paid would not repeat it then informs me that I really owe them over $6,000.

And started talking really fast and loud and (was rude as well) about how its to my advantage to keep paying them or else.

I revoked permission to access my checking account when they refused to give me the accounting they still took the money out of my checking acct. I filed a dispute with the bank and called Asset to tell them they stole my money. I got a refund after waiting 2 weeks.

Then got a letter dated December 18,2008 telling me I missed a payment and please send it to me (the agent) to avoid revocation of our payment agreement. And now my acct balance it $6,248.56.

The interest that was suppose to stop didn't they lied and they hold that over your head whenever you call to complain about something.

I called and I left a message thanking him for finally giving me a letter with a balance so I now have proof of their illegal debt collection practices.

It is against the law to give false information to the credit reporting agencies and since they said I wasn't paying on the account and that the account balance was correct they lied twice everytime I filed a dispute.

So by law the debt is no longer owed, I checked online for debt collection practices and they mention the FTC which I did file a complaint with them against Asset. So that's why I thanked the idiot for sending me the last letter to put with my complaint with the FTC that should put a nail in their coffins.

And for the woman who says she works for Asset she is mis-stating some important facts, they bought the account from the previous creditor for pennies on the dollar because the original creditor deemed it uncollectable. And everytime the acct is sold its sold for less money. I wonder how much they paid for my acct I bet it was less than what they have received from me.

These are called scavenger accts. Look it up online you will get alot of interesting info. Any debt collectors who violate the FTC rules get fined, too bad they can't make them refund money they got from us by lying and cheating the system.


Submitted by on Wed, 12/24/2008 - 11:27

( Posts: 202330 | Credits: )


This company found out I am in the process of buying a house and they are now collecting an acct that is over 17yrs old. For how long does an unpaid debt stay in my credit history?


Submitted by on Tue, 12/30/2008 - 19:43

( Posts: 202330 | Credits: )


Sent a letter to me about a bill over 19 years old in Texas. Guy on the phone was a total jerk. I have no Idea where it originated, and they danced around from one creditor to another. If they knew Texas law, and I guess they don't, they can't garnish anything. Scam!


Submitted by on Tue, 01/06/2009 - 07:26

( Posts: 202330 | Credits: )


Everyone file a complaint with the Attorney Generals office. They will investigate all wrong doing and have them fined and maybe have them remove from your credit report. Do this asap. I think they are in Michigan, but file a complaint with the attorny generals office of the state they are in


Submitted by on Tue, 01/13/2009 - 13:19

( Posts: 202330 | Credits: )


I received my summons from Asset and Hanna today. Should I contact Asset or Hanna and try to work out a reasonable settlement? It's a Goodys account I had and it's for 1500.00. I'm sure Asset probably has no more then what? 200.00 to 250.00 tied up in it? Should I call them and see if I can get a 4 to 500 payoff? It would be worth it to me to keep from having to put so much time into it.


Submitted by on Wed, 01/14/2009 - 14:34

( Posts: 202330 | Credits: )


Genesis.... Just to let you know what happens from a collection company standpoint: If you apply for some sort of credit, it sends an update with the information that you put on the application to the collection agency. Yes, I am a debt collector with AACC and I just want to give you a little tidbit of help on this. Once you apply for that credit, we get the update and try to get in touch with you to see if you can pay it off. I hope that helps. Oh, it can't stay on your credit longer than 7 years past the DOLP. Like I said, I hope this helps.


Submitted by on Sat, 01/17/2009 - 17:16

( Posts: 202330 | Credits: )


debt collectors prob still live at home with there mommy and daddy and can't hold a real job. its a secretary job, wow making phone calls all day. have fun doing that while the people who make it better then you don't work late, nor weekends, holidays! get a real job!!!


Submitted by on Sun, 01/18/2009 - 09:51

( Posts: 202330 | Credits: )


Cookie....here's a FOAD:

I'm NOT GOING TO PAY this alleged debt. EVER. If all the grains of sands on every beach on every ocean said "NOT GOING TO PAY" in tiny red letters, it would still not be enough to express how much I'm NOT GOING TO PAY. Cease and desist your collection efforts, because I'm NOT GOING TO PAY.


Submitted by NASCAR_Devil on Sun, 01/18/2009 - 10:12

NASCAR_Devil

( Posts: 4671 | Credits: )


before I received a summons I called to make payment arrangements with Assets aceptance. they wanted my account information and I refuse to give it to them. Yesterday I received a summons to appear in cour how do I handle this so a judgement won"t be place against me?


Submitted by on Fri, 01/23/2009 - 07:12

( Posts: 202330 | Credits: )


Asset is not Financial company. They are a collection company. Major of the accounts do not have documentation to prove whose account it. Half the time it has Sr SSN in the Jr account. Majority of the accounts are past stat. Not all people file bankruptcy because they want to get out of paying a bill. Do you know anything about Bankruptcy? How many accounts are in garnishment when the person is in a open bankruptcy? Asset is known for that.


Submitted by on Sun, 02/01/2009 - 01:12

( Posts: 202330 | Credits: )


Asset Acceptance has several different locations. Their main off is in Warren Michigan but they have several other locations though out the US.


Submitted by on Sun, 02/01/2009 - 01:22

( Posts: 202330 | Credits: )


Sometimes things in life happen that are beyond your control. I guess the debt collectors who are posting things like "pay your bill" have never had a major medical emergency, extended illness or lost a job.

I hope your lives continue to be so blessed and you never have the stress of trying to figure out how to make enough money to live.


Submitted by jen on Fri, 02/06/2009 - 22:02

jen

( Posts: 22 | Credits: )


i think u stink get the right info.stop bothering the wrong people.remember what comes around goes around.your company should be sued.i hope no one pays your company because its a scammmmm..look at all the complaints.some one sold u a bill of goods because my credit is perfect.lol i will have the last laugh withyour employees wasting there time on a honest person....ill keep talking to them wasting there time so they cant bother someone else ha ha


Submitted by on Sat, 02/07/2009 - 05:41

( Posts: 202330 | Credits: )


If any of you are going to file Bankruptcy, you have asset accounts. You can get those thrown out of the bankruptcy because they either dont have docs to prove the debt. Majority of the Asset Accounts are past stat for the bk. All you have to do is Have your attorney to call and tell them its past stat and if they do not withdraw the claim you will file an objection with attorney fees. Then asset will withdraw the claim because they dont want to lose and have to pay attorney fees.


Submitted by on Sun, 02/08/2009 - 09:13

( Posts: 202330 | Credits: )


I just received a letter from Asset Acceptance LLC contending that I owed $1,600 relating to a Circuit City credit card. I not only never had a Circuit City credit card, I never purchased anything from Circuit City on credit of any kind. They offered to settle the account for $340. This is just plain fraud.


Submitted by on Mon, 02/09/2009 - 06:09

( Posts: 202330 | Credits: )


OK guest what you need to do is format this letter to your needs and send it to Asset Acceptance LLC. Send it certified mail return receipt requested. Do not sign the letter only type your name. Also check your credit reports to make sure they have not placed this alleged account on there.

Your Name
Your Address
CITY/Town, STATE ZIPCODE

Date: March 9, 2005



Collection Agency Name
Address
CITY/Town, STATE ZIPCODE

Re: Acct Ref. # XXXXX and XXXXX

To Whom It May Concern:

This letter is being sent to you in response to a alleged debt. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you
.
What I need you to provide as the debt validation is as follows:
1. What the money you say I owe is for;
2. Explain and show me how you calculated what you say I owe;
3. Provide me with copies of any papers that show I agreed to pay what you say I owe;
4. Provide a verification or copy of any judgment if applicable;
5. Identify the original creditor;
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent
9. Proof that the collection company owns the debt/or has been assigned the debt. (You are legally entitled to collect this particular debt from me.) This is basic contract law.
10. Complete payment history, starting with the original creditor. (I need to have proof of my payment history with original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/interest has been tacked on to this debt and how you/they determined these fees.) This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004..
11. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us.) This is also basic contract law.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent

I will not hesitate in bringing legal action against you for the following:
1. Violation of the Fair Credit Reporting Act
2. Violation of the Fair Debt Collection Practices Act
3. Defamation of Character

If your offices are able to provide the proper documentation as requested in the following declaration, I will require at least 30 days investigating this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

It would be advisable that you assure that your records are in order before I am forced to take legal action.



Best Regards,


Submitted by pokertramp on Mon, 02/09/2009 - 07:04

pokertramp

( Posts: 512 | Credits: )