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Asset Acceptance judgement

Date: Sat, 08/14/2010 - 06:51

Submitted by anonymous
on Sat, 08/14/2010 - 06:51

Posts: 202330 Credits: [Donate]

Total Replies: 4


I have never been served....just got a text that my bank is holding funds....found out after all said and done that it was this company trying to collect on a debt that goes back to 2003...SOL in NJ is 3 years! I dont know what to do or turn to next.....i have checked back to all bank statements to be sure there wasnt any activity to this firm original debtor and there wasnt.....What do i do next?????


It is possible that this lawsuit against you was also done after SOL expired, which would be your second point to handle.

Contact your bank and request that they provide the documentation to you regarding the levy. They are required by law to provide it, I do believe. When you get the information, it will tell you the name and location of the court where this lawsuit was filed.

If this lawsuit was not filed in the county where you live, then you have two legitimate grounds for getting this vacated. Under federal law, a debt collector can only sue you in one of two places over a debt--either where the debt originated or where you currently reside. If this was not done in either of these two places, then it is called "improper venue". Companies like Asset Acceptance are known for trying to have the summons served at an address that they know isnt your correct address any longer, or simply at a wrong address entirely. They are also known for suing people in different counties, so that the chance that you would find out about it is very small. Both of those are illegal actions on their part...so if that is what happened here, you have a good chance of getting this overturned. Debt collectors ESPECIALLY like to use tricks like this when a debt has passed the SOL.

Check with your court clerk's office in your county too, to see if it was actually in that court. Let us know what you find, I would be happy to help you put together an order to show cause-motion to vacate if this is indeed what they did.


lrhall41

Submitted by skydivr7673 on Sat, 08/14/2010 - 09:02

( Posts: 2036 | Credits: )