• Report: #771777

Complaint Review: Asset Acceptance LLC

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  • Submitted: Thu, September 01, 2011
  • Updated: Mon, September 19, 2011

  • Reported By: Missy — San Antonio Texas United States of America
Asset Acceptance LLC
PO Box 2036 Warren, Michigan United States of America

Asset Acceptance LLC Filed Lawsuit against me, served me by substitute of service, said left on doorstep, and won default judgement against me due to my "NO knowledge of lawsuit," I am now trying to vacate default judgeme Warren Michigan

*Consumer Suggestion: Also file a Bar Association complaint against any attorney involved.

*Consumer Comment: OK

*Consumer Comment: Aprrehend before reinstating

*Consumer Comment: Missy

*Consumer Comment: Yourcollectionrights?

*Consumer Comment: FDCPA violation?

*Consumer Comment: Consult an attorney ASAP..

*Consumer Comment: Suggestions

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 I seriously need help or advice. I recieved a default judgement in mail in favor for Asset Acceptance for 17000.00 and intrest law fees and interest from County Clerks office. I didn't even know about lawsuit, never served, and SOL has expired form original lender. I don't even know this "so called lender," who is not a lender but JDB and now they have sued me and won default judgement set against me............and I never knew about lawsuit to begin with. I'm trying to file motion to vacate this judgement and motion for new trial, so I can appear and fight this judgement. I have limited financial resources for a lawyer, and desperately need some assistance. I have original contract and dates of loan and promissory note to original lender of loan they are claiming to have bought from original lender Beneficial Household Finance HSB, and no where does it state in promissory note or written contract that should they sell to a debt collector, that I am responsible to pay. It explicitly states in contract that " contract is final agreement between you and me and may not be changed by prior, current or future agreements between you and me." This loan was between me and Beneficial Household Financial and states "any changes to promissory note has to be in writting and agreeded upon between you and me and in writting." No changes were agreeded upon between both parties, lender Beneficial HSB and I. Next thing I know Asset Acceptance sued me, saying they bought this debt and they were the lender.  "Need help!" Anyone experienced with this situation? I have 11 days to file motion to vacate default judgement.  Please help if you have any knowledge of what I can do with limited funds for legal help. Thanks

This report was posted on Ripoff Report on 09/01/2011 06:45 AM and is a permanent record located here: http://www.ripoffreport.com/r/Asset-Acceptance-LLC/Warren-Michigan-48090/Asset-Acceptance-LLC-Filed-Lawsuit-against-me-served-me-by-substitute-of-service-said-l-771777. 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 8Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Also file a Bar Association complaint against any attorney involved.

AUTHOR: Southern Chemical and Equipment LLC - (USA)

Be sure to file written complaints against any attorney involved in any part of this case, as they have certainly violated the canons of ethics to maintain a law license.



Send these complaints via certified mail, return reciept requested. Put the certified # in the body of the letter itself, and keep a copy for your records.



Also keep in mind that the State of TX has very stringent rules on wage garnishment so in most cases they would never get paid anyway.



I'm sure some FDCPA rules were violated as well, but these are separate issues from the case at hand.



I would engage a reputable attorney right away to get the judgement vacated, then once that is done, sue all parties involved for your damages.



You might also want to take all of your information, once you have gathered it all to the DA for possible criminal prosecution as well, because the filing of a fraudlulent document with the court is a felony in most jurisdictions.



Also, seek out any consumer protection type news program that does investigations against consumer fraud.



Hit these idiots from as many directions as possible all at the same time.

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#2 Consumer Comment

OK

AUTHOR: Robert - (USA)

AND, could you please point out wherein did you feel the need to 'clean up' the website?If you do believe they hold any kind of pseudonyms please tell it out HERE. 

1.  There is not such federal law called the Fair Debt Act.  In my over 28 years of assisting folks with credit issues, the only times I've seen that referral is in the last 2 years and it's on the internet.  Especially with debt collectors as NCO.  I would prefer your website had a statement such as "the FDCPA is sometime incorrectly called the Fair Debt Act.  The only reason I can see for you or other websites to call it the Fair Debt Act is for SEO (search engine optimization.)

2.  Your website and the middle video on the attorney website state that the debt collector CANNOT contact you further after they receive a "cease and desist" notice.  This is simply not true.  The FDCPA gives specific examples of EXCEPTIONS to this-acceptable subsequent contact such as to inform the debtor that they are returning the assignment to the creditor or they are going to consider further legal action. 

In any case, the responses we give needs to help the consumer, and not aberrate from the actual source itself.
 
My responses here on credit issues DO help the consumer.  The best way to help consumers is to educate them-especially about SPECIFIC statutes.  This means given correct information and correcting misinformation.  Education is the best defense any consumer can have against debt collectors who violate federal and state statutes.
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#3 Consumer Comment

Aprrehend before reinstating

AUTHOR: yourcollectionrights - (United States of America)

Hi again,
May be I should have made myself coherent. The FDCPA is about 'illegal' collection practices and not court procedures.Holds true.The author clearly stated that the promissory note is between HSB and her, and any changes made should be by a prior agreement between them. After the debt was passed on to the collection agency, she should have been given a chance to at least pay off the debt the first time. If the agency is suing her, they SHOULD have intimated her. A loop hole, through which the consumer is taken for a ride.  The basic reason why FDCPA came out.

According to 811. Legal actions by debt collectors:
(a) Any debt collector who brings any legal action on a debt against any consumer shall
(1) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or
(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity
(A) in which such consumer signed the contract sued upon; or
(B) in which such consumer resides at the commencement of the action.
(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors.

AND, could you please point out wherein did you feel the need to 'clean up' the website?If you do believe they hold any kind of pseudonyms please tell it out HERE.  In any case, the responses we give needs to help the consumer, and not aberrate from the actual source itself.
For the author: There's another strong hold here-the statute of limitations.Its 4 years for PA, and your state attorney general, could exactly tell you what claims you could hold(unless, you've admitted you owe the debt-that would reset the time period).If they are collecting on delinquent/time-barred debt, there have been several lawsuits where the cases are in the favor of the consumer.  Do not be intimidated  even if the sum is huge, there have been a lot of cases on Asset Acceptance(read scams), it might eventually backfire on them.
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#4 Consumer Comment

Missy

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

I have a fantastic Debt Collection lawyer here in Dallas - Dean Malone.  Go to his website and submit your complaint to him.  I have used him and he is a SHARK in the courtroom!  Contact him asap and fight back!
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#5 Consumer Comment

Yourcollectionrights?

AUTHOR: Robert - (USA)

I think you should clean up your website.  I believe you have some misinformation on your website.  Same goes for the website of the attorney site your website links to.

For folks who claim to know "your collection rights" I'd expect your information on your website to be 100% correct-it is NOT.
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#6 Consumer Comment

FDCPA violation?

AUTHOR: Robert - (USA)

Hi, they've sued you without letting you know. Thats an FDCPA violation.

You are mistaken.  Kindly tells us what section of the FDCPA states this!  The FDCPA is about collection practices-not court proceedures.

Every U.S. jurisdiction has a "rules of civil proceedure" whereas such things as proper service are outlined.  Each jursidiction establishes its own rules as to what constitutes "lawful service" of a lawsuit and "proper service" varies from jurisdiction to jurisdiction. 

The author should consult with a competent attorney ASAP.  The author should obtain copies of all "service" documents and consult with an attorney and the clerk of the court to determine the validity of the service.  If it can be established that the service was improper, the court can stay or vacate the judgement.

The amount of $17000 means that the case was presented in a superior or upper court (not small claims) so the author would be best served by retaining an attorney.  Upper courts are sticklers for proceedure so I don't recommend going at it Pro Se-if anything is incorrect on the author's filings the court will toss the author's plea. (small claims courts usually grant folks a lot of leeway on the "correctness" of the filings, upper courts DO NOT.)
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#7 Consumer Comment

Consult an attorney ASAP..

AUTHOR: yourcollectionrights - (United States of America)

Hi, they've sued you without letting you know. Thats an FDCPA violation. There are quite a few attorneys who give a free case review and consultation and only charge if you win the case, that too from the collection agency. (((ROR redacted)))

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
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#8 Consumer Comment

Suggestions

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

For $17,000 you need to see a lawyer.  Be sure to find one who has experience in this area.  They may give you a free consultation or charge you a small amount for an hour or two, but if you can get out of it that is a lot better than $17,000.

You will probably want to narrow down your motion to just getting the judgment vacated first, then if they decide to re-file suit work on your defense.  There are some legwork you can do before you see a lawyer to get more complete advise.  The biggest has to do with the Proof of Service.

If you don't already have it get the Proof of Service from the Clerk of the Court where the suit was filed.  In a lot of jurisdictions a Summons must be delivered to a person, so leaving it on the doorstep could be considered improper service.  If this was "Substitute" Service, they may need to show what they tried before.  If you can prove that they didn't try anything else that may help you as well.

What address was it dropped off at?  If it was an address you had years ago and they know you are not at it, that could also be considered invalid.  This is often known as "Sewer Service".

Is there a description of the house in the Proof of Service?  If the description doesn't match your house again that can prove that they didn't actually deliver it.

Do you live in a gated community or building that requires a visitor pass, code, or key?  If so you may be able to prove it was never delivered.

Now just a note on the actual suit.  Depending on the type of loan the Statute of Limitations may be different so be sure you are looking at the right one for your State.  Also, they probably do have the right to sell the loan to another company and you still owe as per your original terms, this would include Collection Agencies.  What you were quoting most likely had to do with the actual terms(Interest, Term of Loan, Payment Amount) not in any "change of ownership" of the loan.

Good Luck
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