Asset Acceptance LLC Asset Acceptance Capital Corporation Asset Acceptance Strikes Again: "You've been served!" Warren , Michigan

I used to be a process server and maybe I can clear up part of this.

When a lawsuit is filed, the Court will usually issue an original summons that has an embossed seal.  It also will issue copies which normally have only a stamp.  The process server is supposed to take both the original and a copy when he serves the defendant.  The defendant receives the copy but may request to see the original if he has a doubt about whether it is for real.  (Most process servers won't tell you that as they want to get away before the defendant goes postal.)  So you are correct in that you have a photocopy.  You are supposed to have only a copy. The original is returned to the court and filed along with the process server's affidavit attesting that he served the papers.

Summonses usually contain the phrase that you are to "appear and defend" or some similar archaic mumbo jumbo.  To you, it sounds like you are supposed to show up for trial even though it does not tell you where or when.  To lawyers, however, the phrase "appear and defend" means to file a written answer with the court and send a copy to the plaintiff's attorney.  If you fail to file a written answer within the required time period, you can lose by default.

I would strongly urge you to seek legal advice before taking any further actions.  Do not assume that this is a fake summons because it sounds real to me.

The first thing you have to understand is to STAY OFF THE PHONE!!

Never communicate with any collector over the phone as phone calls do not protect your rights under the law, and cannot be used in court.

Communicate ONLY in writing, and ONLY via CERTIFIED MAIL, RETURN RECIEPT REQUESTED. Be sure to put the cerified# in the body of the letter and keep a copy of the completed letter for your records as this proves exactly what you sent. NEVER sign ANYTHING you send to a collector, or your signature could end up on a contract.

By the means above, IMMEDIATELY reply to the lawyers and the court. Keep it simple. Deny everything. Do not admit to anything in your response. Keep it short. "I hereby deny all claims against me" then reference the case number/ docket number only. DO NOT sign the copy you send the lawyer, just print your initials.

Now, you want to immediately check your state laws on collections and garnishments, as well as statute of limitations on civil debt. Some states have SOL's as low as 3 years which means the "debt" may not be "legally collectable" anyway, and that would be your defense.

Some states do not allow wage garnishments. The rules are different in every state. Learn yours. They are all readily available online. budhibbs.com is a good place to start your education.

From my past experience I can tell you that your best defense is based on the amount of the suit. Challenge the amount, and it gets tossed almost every time. Here's why/how.

It isn ILLEGAL for any collector to add collections fees to a debt collection amount. They can only collect what was owed under the terms of your contract with the original creditor. And, after "charge off" all late fees and penalties must stop, and interest must be reduced down to an amount specified under federal law, which I believe is 6%. Accounts deemed uncollectable must be "charged off" no later than 180 days after the first major delinquency.

FYI...NOBODY can sue you, garnich your wages or even put you in collections if you are deployed on military orders. AND, all debts MUST be reduced to 6% and all late fees and penalties removed under the provisions of the SERVICEMEMBERS CIVIL RELIEF ACT. But you have to assert your rights under this law, in writing.

BUT any attorney that knew you were deployed, also knows this law which puts them in a violation of ethics situation. File a Bar Association complaint against all attorneys involved.

Remember, STAY OFF THE PHONE!!!!!

First of all the credit card companies did not force you to use the card or any "checks" that they sent.  No matter how you try and justify it, in the end it was YOUR choice.  Keeping this in mind and not trying to blame others will only help you in the future.

Now, as for the summons.  I would not put it past collection agencies and their lawyers to send you a "fake" summons.  However, don't think it is fake just because of the lack of a court date.  With the overloaded courts, some won't even assign a court date until you respond with an answer.  If you have any doubts of the validity of the summons you can contact the Clerk of the Court at the court listed.  They will be able to veify if the summons is real or fake.

If the suit is real it is too late to send a Debt Validation letter.  A company has 30 days to respond to it, and you have 21 days to file your answer.  Also, a DV letter only keeps them from taking further action..they have already filed suit so not much more they can do.

As for the amount.  Even if the account is "charged-off" they can continue to add interest.  But most other fees are illegal.  So depending on the amount of time of this debt it may be possible to be at $7200, especially if they have added in court and attorney fees to the suit...which are allowed.

You must file that answer within the amount of time required.  If not they may file for a default judgement, which basically says you owe the $7200.  But remember your "answer" is just like you being in court, so anything you say in that may be used if it gets to a hearing.  So if you did something like say "Yes I do owe $4500".  The judge may just say okay "Judgment for Citi for $4500 plus court and attorney fees".  This is why for this amount you should contact a lawyer and perhaps even get them to write your "answer".  It may cost you a couple hundred dollars but if that can save you a few thousand it would be worth it.  They should look at a few things.  Verify that the debt is still in the Statute of Limitations,  that the amount they are seeking is correct, that they actually have the right to collect on the debt.

Once a lawsuit is filed you may communicate only with the lawyer representing the plaintiff.  This is not all bad.

You can call the lawyer and offer a settlement.  Don't be afraid to start at 10 percent of what they want.  The lawyer is well aware that he cannot squeeze blood from a stone.  If he is satisfied that the settlement offer is realistic and that you can pay it, they will most likely accept it.

The good news is that if you reach a settlement, the lawsuit will be dismissed and cannot be filed again.  This beats the hell out of getting slammed with a huge judgment, court costs, lawyers' fees, and post-judgment interest.

Think long and hard before declaring bankruptcy.  In the greater scheme of things, the amounts you mentioned are fairly trivial.  The bankruptcy will remain on your credit report for ten years.  If you declared bankruptcy now, what would you do if you had a half-million dollar hospital bill next year?  (That can happen very easily.) You would not be able to file bankruptcy again for another seven years, so you would be stuck.

Rodge,

I know all of this "advice" may be confusing to you, so do like I said.

DENY EVERYTHING.

The wording of your response should be generic, and vague.

I, xxx xxxx, hereby deny the claim against me , case## xxxx xxxxx, dated xx xx xxxx..

Something like that. You are not trying your case at this point. You are simply avoiding the default judgement you would get by not responding.

Everything else is irrelevant at this point.