Assest Acceptance Corp.
Warren Michigan
U.S.A.
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Assest Acceptance Corp. Ripoff Asset Acceptance suing me for WHAT! never heard from them prior to certified summons Warren Michigan
2Author
4Consumer
0Employee/Owner
I get a knock at the door 10/19/06. The mailman has a certified letter for me, but it's not a last name that I had used for over 8 years due to divorce. I sign for the letter. I am being sued for over $4,800 by these slime bags. The court in not even my jurisdiction.
I order immediately all 3 copies of my credit report. Nothing at all negative is on any of them. But there are 3 inquiries from Asset.
I hire myself a lawyer as I am not paying them a dime... Never heard from these people prior to this certified summons and dont even know what it is for since nothing shows on my credit reports.
Attorney files my answer (in the wrong court city), requesting discovery of all documents as well as date of last activity, also the amount they paid for the dead account.
Day after my answer is filed Judge orders them to transfer case to my jurisdiction in 14 days. Asset dismisses case WITH prejudice.
I figured everything was going to be finished. Yesterday I get a phone call from my attorney stating that an attorney for Asset wants to know if I want to make a settlement?!?! Are these people insane?
My attorney said why would I want to do that when we dont even know what I am being sued for? Their attorney told mine to be prepared to be sued in the proper jurisdiction. Will this mess ever go away?
After reading all the problems others have with this company, I am concerned my attorney isnt qualified to handle these scum bags. He may not be knowledgable in their scams. What should I do?~?
D
Uniontown, Ohio
U.S.A.
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REBUTTALS & REPLIES:
2Author
4Consumer
0Employee/Owner
Updates & Rebuttals
#1 Consumer Suggestion
AUTHOR: Don - Belleville (U.S.A.)
SUBMITTED: Saturday, November 18, 2006
POSTED: Saturday, November 18, 2006
The reason that a bad debt may not be showing on your credit report, but you are being sued for it, is that based on your information, you are in Ohio. The statue of limitations is 15 years in Ohio. It may have dropped off long ago, but they can sue you for it for up to 15 years from the date of last activity. I would start by requesting validation becuase first you don't know what it is about and second, it is obviously very old.
I will leave any more legal startings to Steve from Bradenton.
#2 Consumer Comment
AUTHOR: Joe - Chagrin Falls (U.S.A.)
SUBMITTED: Wednesday, November 29, 2006
POSTED: Wednesday, November 29, 2006
well as of my story i have filed a motion to dismiss i have a trail in early dec,,is ther anything i need to say to the magestrate to get this dismissed,, there robot legal guy told me he's prepared to go all the way, i laughed if this is not dismissed i have a trail date in march so any help would be useful,,,steve????
#3 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Thursday, November 30, 2006
POSTED: Thursday, November 30, 2006
"D",
If the letter came in any other name than your current legal name, it was legally not your mail. You should have told the mailman that the mail was not yours, and it is being refused.
However, now that you did sign for it, DO NOT accept anything else in that name! Since there is currently no lawsuit filed, IMMEDIATELY send a DEBT VALIDATION request where you clearly deny the debt and demand to see the original contract you signed to create the debt with THEM, and a complete account history and itemization of charges. Also demand proof that they are legally entitled to collect the debt, as well as a license in OHIO as a debt collector.
Now, once they recieve this, all collections activity must cease including the filing of another lawsuit until such validation has been provided.
Also in the letter state that phone calls are unacceptable and all communications must be in writing.
SOL is determined by the state that the alleged debt was originated in, not your current state of residence. AND, the original creditor is totally out of the picture except for SOL purposes. They have to prove that you owe THEM the money.
STAY OFF THE PHONE!!
#4 Update By Author
AUTHOR: D - Uniontown (U.S.A.)
SUBMITTED: Saturday, December 02, 2006
POSTED: Saturday, December 02, 2006
I appreciate the fast response, BUT if I had not signed for the letter, wouldnt they have just posted in the local newspaper. Then won a default judgement against me? Is there any place out there where I can find one of these letters that I need to send these people? As far as phone calls go, I have never heard from them on the phone. So, that is a good thing. Thanks for the help. The debt had to have happened in Ohio as I have always lived here. I am considering moving after the research I have done on the SOL in this state though. 15 years for written contracts which also covers credit card debt is what my research has found. Crazy since there is probably less of a SOL for rape, or murder here.
#5 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Saturday, December 02, 2006
POSTED: Saturday, December 02, 2006
They are coming after someone else, legally. As that name is no longer yours, right? If your name has legally changed, it is up to them to know that and come after you under the proper name.
The DEBT VALIDATION request is real simple, and there is no standard form that I have ever seen.
Just reference whatever info is on the collections letter, nothing more. And do not sign it, just print.
Clearly deny the debt, and demand to see whatever you signed to create the indebtedness to THEM, and demand a full account history and itemization of charges. Also demand proof that they are legally entitled to collect the debt, and proof that they are licensed to collect in your state and theirs.
Send this by certified mail, return reciept requested. Put the certified# on the letter itself, and keep a copy for your records. This is very important.
Do this right away, because if they file another lawsuit, you will have to file motions instead.
Send the letter here:
Asset Acceptance Corp.
28405 Van Dyke Avenue
Warren, Michigan 48092
Phone: (586) 446-7818
Fax: (586) 846-7837
Web Address: www.assetacceptance.com
(Branch offices in Baltimore, San Antonio, Cleveland, & Brandon, FL.)
2840 S. Falkenburg Road, Riverview, FL 33569 (Physical Office in Brandon, FL)
