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Any ideas?

Date: Tue, 02/22/2011 - 18:58

Submitted by anonymous
on Tue, 02/22/2011 - 18:58

Posts: 202330 Credits: [Donate]

Total Replies: 7


Hello....I just got a letter today from a lawyer..asking if I wanted a free consultation because a company (Asset Acceptance) just filed a lawsuit againt me....I checked on the county website, and it's true....I never heard of ASS ACC, and never got any mail from them...the letter I got from the lawyer was addressed to where I lived 4 years, the mail man just happens to know where I moved to and stuck it in my box.....I know that I have a few charge offs from 2-4 years ago...when our household income fell by 75%...a few of the smaller ones I settled with..when I had some money, the last 2 charge offs that I know of each have a balance of $18k (each)...our house is in forclosure...why do they think we will pay them...when we are not able to make our house payment......any ideas???? WE really don;t want do do bankruptcy...I could maybe come up with 15% from family's help......


You should contact your original lender and check out if he has really filed a lawsuit against you. Sometimes, the lawfirm can be a collection agency who can collect the debts charged off by the lender. You should send them a debt validation letter and check out if they can validate the debt. If they are unable to validate the debt, then you won't be liable to pay them. In that case, you can contact your original creditor and try to settle the debt with him.


lrhall41

Submitted by Anna Sweeting on Wed, 02/23/2011 - 02:03

( Posts: 1827 | Credits: )


Hi!
Welcome to the forums!
Well, I think you should get help of a lawyer. He/she can help you answer the summons correctly. Attend the free counseling session. This may help you to settle the debt. The court papers might have been sent to your previous address. This is why you haven't got the papers.


lrhall41

Submitted by Good Nelly on Wed, 02/23/2011 - 02:07

( Posts: 2846 | Credits: )


Is the suit filed in your county? If not, you need to file a motion to dismiss for improper venue. Debt validation right now would be useless as they have already sued you. IF you got the case dismissed then you could send a DV, like if they did file in the wrong court you could get the DV to them before they have a chance to file properly.

You can get all the validating documentation in discovery and if they can't provide it, you can then motion to dismiss for lack of evidence.


lrhall41

Submitted by goldenbast on Wed, 02/23/2011 - 02:35

( Posts: 2884 | Credits: )


Hello...a lawsuit really was filed against me, by asset acceptance,I saw it on the county website...I did a credit check...it says asset acceptance bought a 15K debt (about 1 year ago).....and now wants 23K....they are adding about $400 a month for fees.....seems like the trouble started, because my car is breaking down, so I applied for a car loan (with my new job info) (I got turned down for the loan) and the phone started ringing off the hook, from old creditors. after about 8 months of a few phone calls.....and then they filed the lawsuit....it is still 1 year within SOL........should I try to contact them, I didn't get any letter from them...my credit reports have where I lived 4 years ago...we still own the house..it is a rental house..they pay the rent...so we pay that mortgage.......we got behind in our house...and we can NOW make our house payment,I send in payments..and the bank mails them back to us...seems like we are rats stuck on a treadmill.....


lrhall41

Submitted by anonymous on Wed, 02/23/2011 - 13:26

( Posts: 202330 | Credits: )


we have 6-7 other unsettled debts (ran out of money) 4 we did settle......from 3 years ago....my spouse thinks we should move to her family's house in Canada until SOL has passed....we could work for her uncle...now we live in FL...not sure SOL is 4 or 5 yrs on CR Cards....I saw both on internet....


lrhall41

Submitted by anonymous on Wed, 02/23/2011 - 13:37

( Posts: 202330 | Credits: )


If you do that you will need to check and see if your SOL stops upon leaving the state (country). For the current suit, you can demand the agreement/contract in discovery as well as the final statement. The contract to show that you owe the debt and that the extra amount they are charging is legal (interest and/or collection fees). The statement is to show the exact amount you owed upon closure of the account. You should also ask for something to prove they are the correct company to even be collecting.


lrhall41

Submitted by goldenbast on Wed, 02/23/2011 - 19:21

( Posts: 2884 | Credits: )