• Report: #214182

Complaint Review: Asset Acceptance - Household Bank

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  • Submitted: Wed, October 04, 2006
  • Updated: Mon, January 24, 2011

  • Reported By: Cris — Other USA
Asset Acceptance - Household Bank
Brandon, Florida U.S.A.

Asset Acceptance - Household Bank ripoff Sued me past SOL, misrepresented and re-aged debt, oppressive , misleading practices. Brandon Florida

*Author of original report: Asset Acceptance scam FCRA violators

*Author of original report: Justice---update

*Consumer Suggestion: HELP FOR YOUR PROBLEM

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In December 2005, Asset Acceptance sued me for a secured credit card account that I closed in June 2001.My credit report reflects the accout was closed on that date. Asset Acceptance claimed I owed Household Bank more than $800 for a secured credit card that had a $250 limit.

The only verification of the original card agreement it produced was a Household brochure dated 2002. Asset Acceptance continued to harass me through the court system even after I filed a motion for relief from judgement and said in writing I do not owe this debt and mailed a copy to Asset Acceptance. Asset Acceptance put a different account number on this closed account and posted it on my credit report as if it was a separate account with Household.

Asset Acceptance got a default judgment against me for "failure to appear" at pre trial, even though I WAS there on that date. I've not been told by either the mediator or anyone else how or when to present my evidence to the judge, and I never saw the judge who entered this default judgment.I can't afford a lawyer and because of this I don't believe I received due process.

I have filed a complaint with the FTC.
Any advice would be appreciated.

Cris
Tampa, Florida
U.S.A.

This report was posted on Ripoff Report on 10/04/2006 12:52 PM and is a permanent record located here: http://www.ripoffreport.com/r/Asset-Acceptance-Household-Bank/Brandon-Florida-33509/Asset-Acceptance-Household-Bank-ripoff-Sued-me-past-SOL-misrepresented-and-re-aged-debt-214182. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

Asset Acceptance scam FCRA violators

AUTHOR: Cris - (USA)

When a lawyer got involved, Asset Acceptance realized their "error" and voluntarily dismissed the judgement against me with prejudice. Unfortunately, It took a very long time for the Credit Bureaus to update my credit reports and remove the false judgement (and other mistakes) and during that time potential employers saw that false judgement on my credit report and declined to hire me. I have every credit report from every year and because of crooks like this, I'll never throw them away.


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#2 Author of original report

Justice---update

AUTHOR: Cris - (U.S.A.)

A Tampa lawyer named Mark Tishchauser called Asset Acceptance and asked them how they got a default judgment against me when I WAS there on the date the court papers said I "failed to appear."

Asset Acceptance admitted they made a mistake and filed to vacate the judgment. The same judge who signed off on the default judgment signed the order to vacate the judgement. This company went after me because they correctly assumed I did not understand the laws regarding fair debt collection. They used my ignorance against me, but they didn't know that I'm very persistent.

I encourage you who have done nothing wrong and are being harassed to call lawyers and keep calling until one of them talks to you. Learn as much as you can about fair debt collection laws from the FTC. Never give up.

This is a great website--keep up the good fight!
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#3 Consumer Suggestion

HELP FOR YOUR PROBLEM

AUTHOR: Joann - (U.S.A.)

You need to file a Fla. Bar Complaint with the Florida Bar against the attorneys in Brandon, FL. You can do this by going online to the Florida Bar site and they have the form there. I would provide a copy of the credit report and any other documentation that you have showing that this account was closed. The SOL in Fla. for a credit card account is 4 years and falls under Florida Statute subsection 95.11(3)(k).

There is substantial Florida case law regarding SOL on store accounts - which is what your account falls under. Also see Colorado National Bank v. Story, 261 Mont. 375, 862 P.2d 1120 (Mont. 1993) which states that a Cardholder Account and Security Agreement alone and, if introduced into evidence, would not be sufficient to establish liability.

In your case, you state that you can show a credit report showing a closed/paid account. This law firm has a nasty habit of filing false and misleading document and consistently attempts to reage debts. They depend on you NOT FIGHTING them and the Judges don't seem to be paying attention to these cases. I would also suggest going to legal aid to find an attorney to file a motion to set aside the judgment. FILE A BAR COMPLAINT! complaint against the law firm.
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