restaurant
  • Report: #676200

Complaint Review: Asset Acceptance LLC

Thank You

Read how Ripoff Report saves consumers millions.

  • Submitted: Tue, December 28, 2010
  • Updated: Thu, December 30, 2010

  • Reported By: Rodge — Michigan United States of America
Asset Acceptance LLC
Po Box 2036 Warren, Michigan United States of America

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

*Consumer Suggestion: Rodge, Keep it simple! DENY EVERYTHING!!

*Consumer Suggestion: What you can do now

*Consumer Comment: A few things

*Consumer Comment: DO NOT file bankruptcy just jet, do this

*Consumer Suggestion: Summons and Complaint

What's this?
What's this?
What's this?
Is this
Ripoff Report
About you?
Ripoff Report
A business' first
line of defense
on the Internet.
If your business is
willing to make a
commitment to
customer satisfaction
Click here now..

Does your business have a bad reputation?
Fix it the right way.
Corporate Advocacy Program™

SEO Reputation Management at its best!

Like many others on this site, I was served (today) with a dubious "Summons and Complaint" stating that I was being sued and that I had 21 Days to file a written answer with the court--yet, it was issued six days ago (12-22-2010) and expires 3-23-2011. I say dubious because the seal does not list a specific court, nor does it list a judge or time to appear before one, although the correct district court is listed above with the proper address. Also, it seems to be a photocopy.

The debt was originally $4587.67 with citi cards (aka citibank) but they want to charge me $7241.97. Believe it or not, this was mainly from living expenses: food and gas (was over $4 per gal and I was driving to Texas and back to find a job), a few months of rent when I was having trouble, and a refurbished $700 CPU. Basically I was sent to Iraq in 2004 with the US Army, finished college, then was unemployed off and on during the next four years despite earning a BA. [continued below]....

..... I now work part time, hardly making anything and living with relatives. I just happened to answer my parents' door thinking it was my uncle. Not my uncle.

The guy told me I had to call one of the two lawyers (David Denhouten and Andrew Perry; both legit, both working for ASST) and make a deal.

I'm thinking about filing for bankruptcy because I also have a Chase card with a similarly inflated amount (made it much worse by using those damn bank checks during a desperate time when I knew I shouldn't). Just a matter of time before an agency serves me for that one as well. But I will also send a validation letter as suggested on this site. People should pay off their debts, but credit card companies have virtually stolen a good portion of the accrued amount from their customers using shady practices such as raising interest on good accounts, suddenly lowering your credit line so they can charge overdraft fees, and adding hidden fees. The fact that they hire goons to harass people who were once "valuable customers" says it all. These companies make it impossible On top of student loans and a crappy work history, I will never in a million years be able to pay all of it off.

Additionally:

I had a lot of terrible trouble in the past from student loans when the Michigan Guaranty Agency put my unconsolidated and several-times-swapped smaller loans in delinquency: once during Army basic training and again when I was on tour in Iraq. They didn't listen either time, swore at me, and garnished my mother's bank account (I was listed on the account as a second in case of emergency). In fact, I should file a report on them as well.

You can sign a petition against them at:

 

www.petitiononline.com/stopasst/petition-sign.html



 



 

 

 

 


This report was posted on Ripoff Report on 12/28/2010 09:50 PM and is a permanent record located here: http://www.ripoffreport.com/r/Asset-Acceptance-LLC/Warren-Michigan-48090/Asset-Acceptance-LLC-Asset-Acceptance-Capital-Corporation-Asset-Acceptance-Strikes-Again-676200. 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.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

Click Here to read other Ripoff Reports on Asset Acceptance LLC

Search for additional reports

If you would like to see more Rip-off Reports on this company/individual, search here:

Search Tips
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?
REBUTTALS & REPLIES:
0Author 5Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Rodge, Keep it simple! DENY EVERYTHING!!

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

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.

Respond to this report!
What's this?

#2 Consumer Suggestion

What you can do now

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

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.

Respond to this report!
What's this?

#3 Consumer Comment

A few things

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

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 dateuntil 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 rememberyour "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". Thejudge may just say okay "Judgment for Citi for $4500pluscourt and attorney fees". This is why for this amount you should contact alawyer 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.

Respond to this report!
What's this?

#4 Consumer Comment

DO NOT file bankruptcy just jet, do this

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

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 numberonly. 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 aBar Association complaint against all attorneys involved.

Remember, STAY OFF THE PHONE!!!!!

Respond to this report!
What's this?

#5 Consumer Suggestion

Summons and Complaint

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

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.

Respond to this report!
What's this?
Report & Rebuttal
Respond to this report!
What's this?
Also a victim?
What's this?
Repair Your Reputation!
What's this?

Advertisers above have met our
strict standards for business conduct.



Ripoff Report Legal Directory