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received summons to appear

Date: Fri, 02/02/2007 - 10:27

Submitted by breezy
on Fri, 02/02/2007 - 10:27

Posts: 13 Credits: [Donate]

Total Replies: 14


ok so yesterday i got served with papers to appear in court on feb 16th 2007 for a collection agency by the name of asset acceptance llc... they are saying i owe the original creditor providian $2200 plus $1900 in interest.. what can i do? has the SOL statue of limitations expired for florida.. it says the charge off date was 2-8-02.. also my credit report has been saying consumer deceased in the providian boxes---can they legally do that? they have been reporting me as deceased for atleast 3-4yrs...
and when i have applied for credit for a car loan i learned of this several years ago, they thought i was stealing my own identity or something.. i was embarrassed!!! anyway i called this asset acceptance yesterday and asked for and account record to be faxed to learn of my last payment and they refused to send me a fax and said they would provide all of this in court.. what should i do, and also this account appears on my credit report several different times from 3 different collection agencies--it that legal? and should i seek a lawyer for this matter?

PLEASE HELP ME WITH SOME YOUR KNOWLEDGE--THANKS IN ADVANCE!


Well glad to see your alive and well.I believe the sol for forida is 4 years for cc debt.If it was charged off in 2/2002, your last payments probably would have been in late 2001 sometime.Meaning the statutes would have ran out sometime late 2005.
Do you recall making ANY payments since that time? If you have that would restart the clock for the sol from that payment.

As for the account being on your report several times the answer is actually yes and no.. they can be on there from multiple agencies AS LONG as the current one is the only one listed as open and with a balance.All others should be listed as closed/sold with a $0 balance.

I would definitely start doing some house cleaning on your cr to get this stuff about you being deceased off of it.

If you feel that you need to seek attorney help in this matter you could try legal aid in your area.They do have income guidelines though so you woud have to check to see if you qualify first.


lrhall41

Submitted by taksmom476 on Fri, 02/02/2007 - 11:01

( Posts: 80 | Credits: )


no i do not believe any payments have been made since atleast the charge off date.. so that sol is over then huh.. so when i go to court is that all i need to present in my defense? and as far as being reported deceased, only providian has been doing that somehow-- i had equifax due an investigation a few years ago and it took nearly a year for the problem
to be fixed, but as i pulled a current report a few days ago--transunion is now reporting me deceased with no fico beacon score---

is that something i would want ot bring up in court in 2wks... and say i don tthis company has any idea of what they are doing, because for one, im not dead, and secon they cant spell my name right, even on the summons but i believe it was correct on the original card..


lrhall41

Submitted by breezy on Fri, 02/02/2007 - 11:16

( Posts: 13 | Credits: )


lets say when they called and tried to work out a payment plan and they gave me the options of how i could pay with either monthly installments or a lump sum over 90 days but i never agreed to it, would that start the SOL over again even though i didnt send them a payment or bank info


lrhall41

Submitted by breezy on Fri, 02/02/2007 - 13:31

( Posts: 13 | Credits: )


well today i recieved a call back from a law firm i found on national association of consumer advocates! they want to meet with me tommorrow, but is about 60 miles away but they are certain asset acceptance are pulling crap out of their ****! and are willing to sure them for the wrongful remarks on my credit report.. i guess i will see how things will go tomorrow.... keep ya posted on these pond scum agencies trying to collect on just about anything these seems plausible in their simple minds...

[color=Red]****Adult term removed - Jason[/color]


lrhall41

Submitted by breezy on Mon, 02/05/2007 - 15:44

( Posts: 13 | Credits: )


yes he never said anything as far as me paying, and that he wouldnt waste his time if the courts aren't going to be reimbursing his time, so i guess he plans on winning a case and splitting the money between us somehow, but again i will see what the deal is when i meet with him later this afternoon...


lrhall41

Submitted by breezy on Tue, 02/06/2007 - 05:32

( Posts: 13 | Credits: )


well as it turns out, this attorneys song and dance was alot more effective over the phone! i mean this guys office was garbage, but in a nice building.. i mean papers everywhere, coffee stained throughout the carpet... well listened to his arguement for 2hours.. then he says he can help me, no money up front, but i would need to pay his costs, and deposit 1k in a side fund for him to use and if the case didnt end quickly then i would need to deposite more... and the most he said i could sue them for would be 1k for the negative remarks on my report, basically i think this guy is the type to kick you when your already down... i can hire a local consumer law attorney for 750 flat.... i think im going to go that route or may even collect bankruptcy, because AA now has another one of my accounts doubling the balance of my intial account and with AA's tacked on interest im lookin at over ten grand, and with a baby on the way im kinda worried about them garninshing my paycheck if i lose, even if i win my first case, i have to deal with the second. which they said papers would be filed soon if i dont comply.. shitty!


lrhall41

Submitted by breezy on Wed, 02/07/2007 - 05:37

( Posts: 13 | Credits: )