• Report: #297586

Complaint Review: Asset Acceptance LLC, Asset Acceptance Capital Corporation, (AACC) Forster And Garbus.

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  • Submitted: Sun, January 06, 2008
  • Updated: Thu, January 17, 2008

  • Reported By:New York New York
Asset Acceptance LLC, Asset Acceptance Capital Corporation, (AACC) Forster And Garbus.
28405 Van Dyke Avenue Warren, Michigan U.S.A.

Asset Acceptance LLC, AssetAsset Acceptance LLC, Asset Acceptance Capital Corporation, Forster And Garbus.Asset Acceptance LLC, Asset Acceptance Capital Corporation, (AACC) Forster And Garbus. They are trying to collect a debt from me that I don't owe throught a law firm that used the WRONG SS Number on the collection letter they sent me. They have not validated the debt and are suing my in court.. Warren Michigan

*Consumer Comment: This is not an IRS matter

*Consumer Comment: This is not an IRS matter

*Consumer Comment: This is not an IRS matter

*Author of original report: Forster & Garbus, Debt Collection Attorneys, Losers . . . . . .

*Consumer Comment: WHAT YOU ARE DEALING WITH

*Consumer Comment: WHAT YOU ARE DEALING WITH

*Consumer Comment: WHAT YOU ARE DEALING WITH

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I have been recently served with a summons from Asset Acceptance in New York. They don't even have an office anywhere in New York let alone a license to collect debts in New York and they are using a Bogus Law Firm in Upstate New York that goes by the name Forster and Garbus. Forster and Garbus appears to be licensed but they are not the plaintiff. Asset Acceptance is the Plaintiff trying to collect a debt without being licensed in NY in a NY CourstHouse.

The first letter I got from Forster and Garbus has an invalid Social Security Number. In fact I think they used my credit report number as my Social Security Number because they obviously pulled my credit report without permissable purpose as I am not indebted to Forster and Garbus, etc.

Also the SOL is way out of the statute of limitations. They sent me 2 old bill statement from 2002 and that is all they have, but a LAWYER with the FTC informed me that the SOL starts when you made your last payment. (just added this for the debt collectors who make up fantasy laws on here.)

Also I am worried if they get a judgement against me. I am a student at the moment and the sole caretaker form my mother who is on SSI. I know they can't touch that, but I don't want them to even try.

I answered the summons and have a courtdate. Any advice would be greatly appreciated on how to fight these goons.

Linda
New York, New York
U.S.A.

This report was posted on Ripoff Report on 01/06/2008 05:18 PM and is a permanent record located here: http://www.ripoffreport.com/r/Asset-Acceptance-LLC-Asset-Acceptance-Capital-Corporation-AACC-Forster-And-Garbus/Warren-Michigan-48092/Asset-Acceptance-LLC-AssetAsset-Acceptance-LLC-Asset-Acceptance-Capital-Corporation-For-297586. 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:
0Author 7Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

This is not an IRS matter

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

You should report them to the State Bar and to the FTC. You have to be sure and raise the issue to the judge that this debt (if it is in fact yours) is beyond the SOL and seek to file a motion for dismissal. The judge will not do this for you.
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#2 Consumer Comment

This is not an IRS matter

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

You should report them to the State Bar and to the FTC. You have to be sure and raise the issue to the judge that this debt (if it is in fact yours) is beyond the SOL and seek to file a motion for dismissal. The judge will not do this for you.
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#3 Consumer Comment

This is not an IRS matter

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

You should report them to the State Bar and to the FTC. You have to be sure and raise the issue to the judge that this debt (if it is in fact yours) is beyond the SOL and seek to file a motion for dismissal. The judge will not do this for you.
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#4 Author of original report

Forster & Garbus, Debt Collection Attorneys, Losers . . . . . .

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

I went to court and claimed mistaken identity and they reset the court date. I could not believe what a moron the woman was. Anyhow I have a police report that I did in fact lost my ID, but Foster and Garbus wants my social security number. The last known payment was 2001. It is over 6 years since the breach of contract and they can't LEGALLY sue, collect a judgement or take any action. Of couse, Foster and Garbus can commit grand larceny. More importantly I want this and I am going to demand that it be dismissed with prejudice. I have them running scared. None of the letters they sent me are signed by a lawyer. Asset Acceptance has NO office in New York and hence no license to collect a debt.

They have NOT validated this alleged debt. Not only that but what they are doing is illegal. They are unjustly enriching themselves by trying to collect a debt that has been already charged off by the original creditors and reported as an asset. I fully intend to report them to the IRS.
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#5 Consumer Comment

WHAT YOU ARE DEALING WITH

AUTHOR: Billcoll01 - (U.S.A.)

IS A COLLECTION ATTORNEY. THEY ATTEMPT TO COLLECT A DEBT, THEN IF ITS WITHIN STATS &THE PERSON FAILS TO RESPOND, THEY FILE SUIT TO RESOLVE THE DEBT. THE BEST BET THAT YOU HAD WAS TO RESPOND AS SOON AS YOU RECEIVED THE 1ST NOTICE, EVEN IF THAT RESPONSE WAS ONE OF THE PATENTED "DENY & DEMAND" RESPONSES THAT STEVE, ROBERT & FARON ARE FAMOUS FOR ENCOURAGING. BY THE WAY, THE PLANTIFF IS ALWAYS THE OWNER OF THE DEBT, NOT THE AGENCY OR ATTORNEY REPRESENTING THEM. THE STATS FOR NY ARE AS FOLLOWS;

New York Statutes of Limitation

N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:

211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.

212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.

213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.

213-a. Actions to be commenced within four years; residential rent overcharge.

213-b. Action by a victim of a criminal offense.

214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.

UCC, Section 2--725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).

S 203. Method of computing periods of limitation generally. (a) Accrual of cause of action and interposition of claim. The time within which an action must be commenced, except as otherwise expressly prescribed, shall be computed from the time the cause of action accrued to the time the claim is interposed.
LOOKS LIKE YOU MAY NEED TO HIRE AN ATTORNEY & HOPE THEY MADE A MISTAKE THAT AN ATTORNEY CAN FIND & CAPITALIZE ON. OTHERWISE ITS CHECK MATE FOR THE BOTTOM FEEDERS AS SOME ON HERE CALL THEM
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#6 Consumer Comment

WHAT YOU ARE DEALING WITH

AUTHOR: Billcoll01 - (U.S.A.)

IS A COLLECTION ATTORNEY. THEY ATTEMPT TO COLLECT A DEBT, THEN IF ITS WITHIN STATS &THE PERSON FAILS TO RESPOND, THEY FILE SUIT TO RESOLVE THE DEBT. THE BEST BET THAT YOU HAD WAS TO RESPOND AS SOON AS YOU RECEIVED THE 1ST NOTICE, EVEN IF THAT RESPONSE WAS ONE OF THE PATENTED "DENY & DEMAND" RESPONSES THAT STEVE, ROBERT & FARON ARE FAMOUS FOR ENCOURAGING. BY THE WAY, THE PLANTIFF IS ALWAYS THE OWNER OF THE DEBT, NOT THE AGENCY OR ATTORNEY REPRESENTING THEM. THE STATS FOR NY ARE AS FOLLOWS;

New York Statutes of Limitation

N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:

211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.

212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.

213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.

213-a. Actions to be commenced within four years; residential rent overcharge.

213-b. Action by a victim of a criminal offense.

214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.

UCC, Section 2--725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).

S 203. Method of computing periods of limitation generally. (a) Accrual of cause of action and interposition of claim. The time within which an action must be commenced, except as otherwise expressly prescribed, shall be computed from the time the cause of action accrued to the time the claim is interposed.
LOOKS LIKE YOU MAY NEED TO HIRE AN ATTORNEY & HOPE THEY MADE A MISTAKE THAT AN ATTORNEY CAN FIND & CAPITALIZE ON. OTHERWISE ITS CHECK MATE FOR THE BOTTOM FEEDERS AS SOME ON HERE CALL THEM
Respond to this report!
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#7 Consumer Comment

WHAT YOU ARE DEALING WITH

AUTHOR: Billcoll01 - (U.S.A.)

IS A COLLECTION ATTORNEY. THEY ATTEMPT TO COLLECT A DEBT, THEN IF ITS WITHIN STATS &THE PERSON FAILS TO RESPOND, THEY FILE SUIT TO RESOLVE THE DEBT. THE BEST BET THAT YOU HAD WAS TO RESPOND AS SOON AS YOU RECEIVED THE 1ST NOTICE, EVEN IF THAT RESPONSE WAS ONE OF THE PATENTED "DENY & DEMAND" RESPONSES THAT STEVE, ROBERT & FARON ARE FAMOUS FOR ENCOURAGING. BY THE WAY, THE PLANTIFF IS ALWAYS THE OWNER OF THE DEBT, NOT THE AGENCY OR ATTORNEY REPRESENTING THEM. THE STATS FOR NY ARE AS FOLLOWS;

New York Statutes of Limitation

N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 - Limitations of Time:

211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.

212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.

213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.

213-a. Actions to be commenced within four years; residential rent overcharge.

213-b. Action by a victim of a criminal offense.

214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.

UCC, Section 2--725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).

S 203. Method of computing periods of limitation generally. (a) Accrual of cause of action and interposition of claim. The time within which an action must be commenced, except as otherwise expressly prescribed, shall be computed from the time the cause of action accrued to the time the claim is interposed.
LOOKS LIKE YOU MAY NEED TO HIRE AN ATTORNEY & HOPE THEY MADE A MISTAKE THAT AN ATTORNEY CAN FIND & CAPITALIZE ON. OTHERWISE ITS CHECK MATE FOR THE BOTTOM FEEDERS AS SOME ON HERE CALL THEM
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