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

I got a call from this place today, and I let it go to voice mail because I thought it was a sales/telemarketer. And it was someone from this place with a call for my husband. It was a "canned" call, and didn't say WHAT or WHO they were calling for. We don't have anything in collections at all so I am clueless what this is for unless it could be something from our bankruptcy over 8 years ago..... After reading through some of this stuff, I wonder just HOW LONG AGO it could be. Even though you put things in a bankruptcy, some places still try to collect from you. I have not gotten ANYTHING in the mail. And I REFUSE to pay ANYTHING without documentation. So I guess I'm going to wait and see if I get anything. My husband AND father in law had the same name (my FIL passed away several years ago) and we got all kinds of calls from people looking for him and his number was unlisted. I've even gotten calls from people looking for other people with my name. You'd think a place like this and others like it would put more into searching for someone than just looking them up in a phone book....

So do they have to provide documentation? I am NOT paying a bill or ANYTHING that I don't know what it's for PERIOD.

If the debt is prior to the bankruptcy 8 years ago. Than they cannot collect on that debt. Because that debt should have been included in your bankruptcy. If they original bill sold the account after your bk than asset is not notified of your bk. Also I would ask for documentation with your or your husbands SSN. I will say they probably do not have any documentation on your account. It could also be you Father in law debt prior to his death. expecially if he has the same name as your husband. In that case all you have to do is call them inform them of date of death and they will send it to probate and they close out the account.

To add to what the above guest posted, most likely, depending on your state, if the alleged debt is from 8 years ago then the statute of limitations has probably passed and they really can't do much anyway. If they try to sue you, you can not only have their case dismissed but you can file a counter-claim against them for suing you when they legally can't AND if it was discharged in bankruptcy, you can get them on that too..

That would make some good money for you with the right attorney or you could do it by yourself, which can be tricky.


What state do you live in so we can check the SOL?

Never pay debt collectors, pay who you owe, unless the Statute of limitations has run out. Collectors can't remove the debt from your credit report, so do not under any circumstances deal with them.

CA's can remove their own tradelines but have no control over what the OC reports. Your first sentence makes no sense. Expiration of SOL does not extinguish the underlying obligation.

I recently received a phone call from them, when I called them back it was about a credit card from a bank I never heard of dating back 12 years ago. I never used credit cards back then, only debit cards. In fact I didn't start using credit cards until last year. My research shows that this bank went out of business almost 10 years ago and has many, MANY fraud claims against them.

I started to also research Asset and not liking what I see on these bottom feeding scam artists either.

I sent Asset the same exact letter in PT's post and I did not sign it (no not because she said not to) because I don't trust Asset and didn't want to give them an example of my signature to forge.

I wish them luck in validating this debt though as the bank is no longer in business to begin with.

One must wonder though, when/how the heck did they get this?

hey. easy way to handle them.
keep the guy on the tellie as long as you can.
in my case, just talk about all sorts fo things. then, get him to give his real name. let them know the fella is no longer there.

then, call corporate no. let them know you would like the call recorded for legal action, as you were being called a number of times from whatever office.

give them the number. they will take it off.

solved.

:-)

gramps.

dont get mad,
dont get even -

W I N !

just curious. some one posted that you don't sign the debt validation letter? Why is that?

I am writing from personal experience with asset acceptance, not gonna lie i know where my debt came from and i was upset with all the interest that had come up so i called an negotiated with them and as long as you offer to do check by phone or credit card you can get up to 50% off on your account if you stay firm on it...i settled an account i owed 16763 for 7521.00 and i was able to get a paid in full letter the next month...i know that they did call me and send me mail a lot, but its not like they did not have a reason to do so, now since then they reported my account paid it helped my credit tremendously!! so just be firm but not mean...they will work with you...oh and also they did let me make monthly payments on that settlement!!!

Sassy, you don't sign the DV letter because it is easy to forge your signature to other documents.

Guest, you can now expect the balance to be sold to another JDB.

Quote:

reading the entire post.i'm sure of it nascar.

Thanks guest for clearing that up. That makes alot of since.

Sassy...just change your font to a cursive script for your signature

Yeah Paul...I love the "I'm not gonna lie" except for the entire post....lol

Thanks Nascar....That helps.

First off, you can NOT COLLECT on a debt the is out of the SOL, do your homework, second they DO NOT have the right to speak to you in an un professional manner either, i think you need to go back to collections school, or get a real good lesson from the FTC on THE FAIR DEBT COLLECTION ACT!!!!!!!!!!!!!

about 6 yrs ago, i had a membership with some book clubs. you know how these guy are, they mail you books that you did not even order every month. i stopped paying them, the they send me to collection and never paid them. i move to another place and once more they send me to collection but, this time they are reporting negative marks to my credit files.
how could they had gotten my ss# when joining these book clubs only requires your name and no other information?
its that legal?
I just sent them letters to validate debt, let see how it ends up.

To Guest who is writing from personal experience with Asset Acceptance, I have all kinds of issues with your post.

#1 you stated that you had issues with the amount of interest and fees tacked on. Are you aware that they are required to prove that the amounts are in accordance with the contract and/or law. BTW any federal or state law will supercede any contract. They prove this by showing a complete payment history beginning with the original creditor, the signed contract (including all the details of interest charges etc...), what all the interest and fee amounts are. The fee amounts must be permissable by law. This 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..

So you just basically caved to them. They have a tendency to tack on a lot more than they can collect so even if you talked them down you probably still ended up paying more. (You really should check out www.ftc.gov and see what even that says specifically about Asset)

#2 You should never give them your account information over the phone and they can't legally tell you this is the only way to pay. That is illegal of them, but they are known for it. You should also never pay with a credit card.

#3 Having it show on your account as paid in full doesn't help your credit score it actually HURTS it for a while by having new activity on a collection account.

Are you for real? Do you know what you are talking about? Or are you a debt collector trying to trick people here--that is what I suspect.

Here's the content of a letter i got from Asset Acceptanve LLc...
Re :__________ (blank)
Bank of America
Client acct# :16 digits (boa a/c's have 12)
Asset Aceptance Acct # :1900****
Balance Due : $407.34

Dear ***********
It is our pleasure to welcome you as a new customer of AAllc.Your account with the above mention ed creditor has been purchased by AAllc.In order to ensure proper credit for any payment it is necessary that all payments be made to :
Asset acceptance LLc
po box 2036
Warren Mi etc ...

Sincerely
Paul Nolan
800-398 -8814
___________________________________________________

People i dont have a BOA account with that #,(if it is a bank account)
I dont owe any Bank $407.34...


Lets all call Paul Nolan and let him know that he and his company are nothing but a bunch a TIEF..

Send a Dispute/Debt Validation Request (you can find them posted here) to Asset Acceptance via certified mail with return receipt. They must then provide PROPER validation (and no something on THEIR letterhead with just the original creditor and amount owed does not meet proper validation). Once they sign for it they MUST cease and desist ALL collection activity until they properly validate it. If they continue collection activity after that keep a record of all collection activity and file complaints with the FTC and the BBB. It was my complaint with the BBB that made them delete my account (like yours not a valid debt) with them and stop trying to collect money I did not owe.

P.S. a mastercard (and Asset usually collects on charged off, old and out of SOL credit card bills) has 16 numbers.

I have proof that the debt that Asset Acceptance is now calling me about was settled last year wiat another collection agency. I made a settlement offer with the other agency and paid 60% of the debt. I have sent Asset Acceptance that documentation and with a copy of the posted check. They continue to ignore that info.

Guest, when you say that they continue to ignore it do you mean that they keep trying to collect? Have you sent a validation/dispute letter? Have you sent a cease and desist letter? Did you (if so) send by certified mail return receipt?

You can file an harassment and FDCPA violation complaint with the ftc. You can also file with the bbb. In fact I recommend doing so with the BBB, it was that for me that got Asset to respond with a letter stating they were closing the file and ceasing collection activity (and that is all I needed).

You are really rude. this is why people file Bankruptcy! They obviously cant pay them because something has changed... not everyone is out there just twiddling their thumbs saying oh I think I would like to destroy my credit this year. I don't think I will pay bills. I guess you are able to pay your bills because they pay you to have no morals and be ruthless. you make people feel like they are scum! When really it's the other way around!

If you haven't sent a DV letter, there is a great one on the previous page off this thread.

You can also sue them yourself. Go to "www.naca.net" and find a consumer advocate attorney who specializes in FDCPA violations. The FDCPA rewards the victim $1000, plus reasonable attorney fees and court costs. Document all their violations. Look up the FDCPA and gather up every statute that they violated and make each a separate charge.

Hey, debt collector. I CAN pay my bills. In fact, I don't owe any bad debt, back debt, or whatever. But YOU people keep calling my cell phone looking for someone I don't even know. I've had this cell for over 4 years now. It's obvious that this person changed her number. I try very nicely to tell you people to stop calling me. So what the heck is your problem! This is harrassment. So debt collector, got any advice for me?

I continue to help my GF with the scumbag junk debt buyers ... including Asset Acceptance aka AACC aka AA LLC.

First ... I just got this info today 20 APR 2009. Apparently, within past few months AA has vacated a large commercial office building located at 2840 S Falkenburg Rd, Riverview FL 33578 (Tampa area). This info comes directly from a real estate brokerage company (CB Richard Ellis) ( cbre dot com ) that's handling that address in Riverview (Hillsborough County FL). This is a site AACC has been listing in its SEC filings where they list it simply as "Hillsborough County FL" but with no street address. I believe Falkenburg was AA call center & AA obscured it's physical address for fear of in-person confrontations ... or maybe any mail rec'd there might Not get routed to suit AA ... if so, too freakin' bad. AACC's SEC filings show their other locations' physical addresses. According to the broker today 20 APR 09, 2840 S Falkenburg RD is vacant & available and was most recently occupied by Asset Acceptance.

I did not get a specific date when AA vacated ... broker told me today AA downsized and vacated a few months ago.

Why does AA's move from Falkenburg matter? ... well, if you sent a payment or letter to Falkenburg ... you might want to check dates.

My GF rec'd 1'st dunning from AA in Feb 2008 ... within 30 days her reply w/ don't call and validate w/ proofs and remove any CRA refs until GF in receipt of said validations w/ proofs AND GF disputes any & all alleged debt ... GF's reply was delivered to AA at 2840 S Falkenburg RD via USPS CMRRR ... we have the signed green card. Seems clear that delivery to Falkenburg in March 2008 was well-before 'AA vacated a few months ago'. Bottom line: AA got GF's letter in timely manner but fails to comply with her demands for proper debt validation with proof while AA continues to attempt collection.

GF rec'd a 2'nd dunning from AA about 4 wks after her reply rec'd by AA ... that 2'nd AA dunning had No acknowledgement of receiving GF's timely demand. We did not reply. Then a month or so later we get a 1'st dunning for same account but it's from Northland NGI on behalf of AA. We sent NGI same timely demand via CMRRR also informing NGI that AA had received same demand via CMRR but we'd gotten no validation from AA. Never got anything from NGI. Then AA put Academy (ACSI) collection on it in Feb 2009 ... GF's demand reply delv'd within 30 days same way as had already w/ both AA & NGI ... got nothing from ACSI.

Then, more than a year since AA rec'd GF's timely demand to validate w/ proofs ... here in April 2009 ... GF rec'd another letter from AA (w/ warren MI return) stating AA had reviewed and they will report to CRA as "disputed". AA also included in that letter a pizz-poor excuse for a debt validation ... it's on AA letterhead title "debt validation" and simply shows an alleged original creditor name (a mail order house/credit card issuer) & acct #, AA's acct #, GF's name, last 4 digits of GF's SSN and a large balance. No accounting, no contracts, no calcs ... no proofs ... all of which were demanded in each of the 3 letters delv'd within 30 days of initial dunnings. AA's letter bears no name of AA employee nor signature ... but still demands payment while attempting to collect.

Fortunately, our small county in South Carolina has a link to its Courts where I can see if anything has been filed w/ clerk of court ... I've been looking at it almost daily for about 3 years. GF been lifelong resident of this same SC County ... same physical&mailing address for 10 yrs. Also, there's a 3 yr SoL time-bar to such suits in SC. I also keep a detailed spreadsheet of all letters, calls, mailings, replies; everything! Also have tapes of all calls. Other than to ask why they're calling, we do NOT talk to them on phone period! GF NEVER, EVER talks to em!

I've applied same approach to about a dozen of GF's alleged debts purportedly totalling more than $30K where payment demanded by junk debt buyers.

Frankly, I believe any "real" threat of suit arising from any issues she may have are likely time-barred by SC's 3 yr SoL. We plan to shop soon for an attorney for possible suit(s) against AACC & others of their ilk. We live in my home & drive my cars ... fortunately all of which are paid for ... none related to that above dirty-dozen list either. Fortunately, I don't owe nor does anyone claim I do.

?Q? what has carnal knowledge of its parent, drinks blood, eats sheet & barks at the moon?
A--dogs, werewolves and those agents & employees & shareholders of Asset Acceptance Capital Corporation.

Asset acceptance is trying to garnish me for a Bally Fitness.I tried to make arrangements but they want something like 500.00 a month.They say it will be easier to garnish me for 500.00 amonth.

they can't get that in a garnishment unless you clear about 2,000.00 a month after taxes,and every other deduction.the usual amount is 25% of your pay after all deductions.this place is a bottomfeeder.hold your ground.besides to garnish they would need a court order.that means they would haveto sue you and win.i doubt that happened.

Yeah it sucks they put a judgement out agains't me to garnish my wages. they take out 25% out of my paycheck. what sucks about that is that i tried talking to them about making somekind of payment arrangement that i could afford and they told me that it was too late there was nothing they could do about it only thing they could do is i would have to pay them the 5,000 upfront by 5pm or they would process the paper work. I told them i am a single mother with no child support i work part time i have a child with a disability and i live paycheck to paycheck. now a year latter police showed up at my job with paper work and now there garnished my wages and now i have to file paper work for excemption or something. but how can a judgement be made against me when i never been served with paperwork prior to this date for a court time to give the judge myside of the story, they can just go and do that. the judgement was set on 06/08 and now 10 months later almost a year later there garnishing my wages. It's not like they didn't now were i lived i've been at the same residence for almost 10 years now.

you got to the courthouse and file a motion to vacate because of improper service.take any and all papers to the court clerk and they can assist from there.

I received a call today from these people. The VRU provided the name of a woman and asked if it was the correct number. I selected the option that was provided to indicate they had an incorrect number. A woman immediately picked up and asked me the same question. I told her they had the wrong number, and she demanded I provide my number. I refused stating that I don't provide any information to anyone over the phone, especially to wrong numbers. Her response? "Well, you gonna get anotha call, have a goodday" and she hung up. I don't know who these people are or who they think I am but I intend to pursue legal options if they start harassing me. I have a credit rating of 815 and NO DEBTS!

I received a summons from Asset, in April, the court date is in june. I had payment arrangements with them, but then I went on maternity leave, and had no income. I was incontact with a rep there, and I had made several attempts to contact him. He said that once I started working again in July, we could make arrangements again. Well I talked to him twice in July, and he had told me to call back the following week, so I did, and I got his voice mail every time. I asked if there was someone else that could help me, and they would put me through to his vm. He never called me back. I had every intention of paying my debt. Now, I'm served with a summons, and I don't know what to do. I don't have the money for a lawyer. Can anyone help me!!! I need some advice!!!

You will have to answer to the court and appear to defend yourself, otherwise they will get a default judgment against you. Here is details about the process, and what to do and expect: "http://www.nedap.org/hotline/court.html"

You do not need to have money for a lawyer in America, if you cannot afford it one will be provided for you. Inquire to the court about Legal Aid.

I had a Credit Card that I had paid down to about 1300.00 and hadn't been able to make a payment since 2000. I moved from Florida to Ohio in late 2005.
I never received anything in the mail and was shocked when I opened one of my checks and had almost a $200.00 Garnishment taken out.
After backtracking through my company and corporate, come to find out, it was Assett Acceptance, who had filed a suit against me, had a court date, that I was never informed about and won a judgement against me for $7400.00!!!!!
My employer said, "We were "supposed" to send you something about this, with a worksheet for your expenses." I wrote a letter to the judge and got a new hearing, only to be told by him that there was nothing he could do just because I couldn't afford to pay it. I informed him I would lose my house and my car and all he could say was that he was sorry, there was nothing he could do. He wouldn't change the percentage from 25 %, saying, by law, they could do take that amount. I'm thinking of calling them to see if they would alleviate this as I have now paid 1309. and some change.
HELP!!!!!!!!!!

I live in Ohio.
On May 26th, AA filed suit against me in my local court, through and attorney, for an old credit card (still within SOL, I believe :( ).
I've been preparing a response to the court as my required 'appearance."

Then I receive a letter from AA dated JUNE 4TH offering to settle my account with a reduced amount. They are suing for about $1200 on a $500 card. The offer they made me was considerably less than the amount for which they are suing.

My questions are these:
1. Can they legally contact me directly like that after they've turned the case over to an attorney?

2. Would I be ahead to contact the company and try to bargain it even lower, get it in writing, and submit that to the court since they will obviously accept less than the petitioned for amount?

3. Should I try to settle with them through the collection agency myself, and in my answer to the court, ask that the case be dismissed as arrangements have been made with the creditor?

4. WHAT SHOULD I DO?

Thanks

1) Sure. Be glad they did!
2) This close to a case, it is best not to stir the pot too much, see the link below (it is for New York but it has a lot of info) about how to negotiate a settlement within the lawsuit process.
3) I would negotiate exactly as offered. The time to negotiate with the CA would have been *before* they sued you.
4) That is your decision, no one but your attorney can advise you on that.

For assistance during your settlement agreement process, see:
"http://www.nedap.org/hotline/settle.html"
"A settlement agreement is an agreement between you and the plaintiff that resolves the court case without a trial or a judgment. In most cases, the settlement agreement will include a payment plan."

THE OWNER OF THIS HORRID COMPANY!!!!!

Daniel

personal info removed - Jason

this jerk is my neighbor ... he works for Asset and always talks crap about the personal info of the people he calls .

Personal information removed for collector

I am a Collections Supervisor at Asset and have to admit that there a few bad apples within the company(as with any company.) I do have to stand up for the comapny when it comes to claims of harassment.

Harassment is a word easily thrown out when people can't or won't pay their bills, and just don't want to be constantly reminded of their bad situation.

Consumers should take responsibility for their bad debt and call to make affordable payment arrangements. We are more than willing to work with our consumers.

like your bottomfeeder company ever worked with anyone.get lost.

The BBB shows over 1000 complaints against this firm, plus they are on Bud Hibbs Worst Agencies in America list.

Not to mention, 439 people sued you in Federal Court, mostly for FDCPA violations!

It sure sounds to me like you guys are wonderful and fair and work with everyone!! Yaaaaayyy!

Of course, if your purpose is to hand out $1000 to people, well then - you are very helpful!

The sad thing is, if you OBEYED THE LAW there wouldn't be much most people could do about it, other than filing for bankruptcy. If you ACTUALLY worked with people - really - then you would collect a lot more and pay $1000 through Federal Court a lot less often....

Good luck with that....

Hi eveyone...
I just need to ask someones advise.
I have received a letter from AA, It involves charges for a ticket I receive din Arizona in 1994. I now live in California.
1.) I thought this was paid in full to my knowledge, and after 8-10 years I do not keep receipts and old bills.
2.) I was tricked into "verifying" my Social so not AA has it, so now I am affraid this small amount is going to be iob my credit; which is good right now!!
3.) They say that with a court fee there is not a statute of limitations.
When i asked for a statement for verification to be mailed to me the girl I was talking to said they would not give it to me unless I gave her a number to call me back at... I said that I did not want to receive calls daily etc... and then said well then i can't help you.
I really can't believe a legitimate company conducts business this way. THANKS IN ADVANCE!!!

Hi eveyone...
I just need to ask someones advise.
I have received a letter from AA, It involves charges for a ticket I receive din Arizona in 1994. I now live in California.
1.) I thought this was paid in full to my knowledge, and after 8-10 years I do not keep receipts and old bills.
2.) I was tricked into "verifying" my Social so not AA has it, so now I am affraid this small amount is going to be iob my credit; which is good right now!!
3.) They say that with a court fee there is not a statute of limitations.
When i asked for a statement for verification to be mailed to me the girl I was talking to said they would not give it to me unless I gave her a number to call me back at... I said that I did not want to receive calls daily etc... and then said well then i can't help you.
I really can't believe a legitimate company conducts business this way. THANKS IN ADVANCE!!!

Ok, I just received a letter in the mail from Asset Acceptance LLC about a Abercrombie & Fitch account I used to have in 2005, unfortuanetly I had a tragic loss in my life at that time and was unable to pay my bill. Once I recooperated I got back on track and paid off all my debts. I called Abercrombie & Fitch and Capitol One and made a payment by phone of the amount owed to the accounts. Now I am receiving mail from Asset Acceptance LLC about the Abercrombie account stating I still owe money. I have proof that money was paid. After trying talking with Asset Acceptance they were very rude and informed that I still owe money and even thought I have proof I paid off the account theres nothing that I can do. Is this true? I dont even know where to start?

fire off a DV and C&D letters.send copies of your proof.this is a bottomfeeder deluxe.also see if abercrombie and fitch or capitol one can let them know you paid it off.just know this is a bad CA that uses illegal tactics to extort money from people.

They have the proof that I paid the "settlement" amount to abercrombie, that should have taken care of it, is that correct? I am really confused because I paid the settlement amount to Capitol One, they reported that to the credit bureau and is no longer effecting my credit it shows that its closed/paid off. I did the same thing with Abercrombie. Could it be possible that they mislead me, took my payment and did not report to the credit bureau? What is a DV/C&D, CA? Thank you

They have the proof that I paid the "settlement" amount to abercrombie, that should have taken care of it, is that correct? I am really confused because I paid the settlement amount to Capitol One, they reported that to the credit bureau and is no longer effecting my credit it shows that its closed/paid off. I did the same thing with Abercrombie. Could it be possible that they mislead me, took my payment and did not report to the credit bureau? What is a DV/C&D, CA? Thank you