• Report: #272375

Complaint Review: Asset Acceptance, Warren Mich And Cleveland Ohio

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  • Submitted: Tue, September 04, 2007
  • Updated: Thu, November 15, 2007

  • Reported By:findlay Ohio
Asset Acceptance, Warren Mich And Cleveland Ohio
P O Box 318037 Cleveland, Ohio U.S.A.

Asset Acceptance, Warren Mich And Cleveland Ohio Fair Debt Collection Practices Act, read about it, don't get ripped off Cleveland Ohio

*Consumer Comment: Written Agreement

*Consumer Comment: TRUE SOL on credit cards and revolving charge accounts in Ohio

*Consumer Comment: Be careful of how you interpret

*Author of original report: 6 Years is correct, Not 15

*Consumer Suggestion: 15 years is correct

*Consumer Suggestion: SOL

*Author of original report: sol

*Author of original report: sol

*Author of original report: sol

*Author of original report: sol

*Consumer Suggestion: SOL in Ohio

*Consumer Suggestion: Have you called the court?

*Consumer Suggestion: DO NOT MISS YOUR COURT DATE AND DO NOT NEGOTIATE WITH THEIR LAWYERS

*Consumer Suggestion: DO NOT MISS YOUR COURT DATE AND DO NOT NEGOTIATE WITH THEIR LAWYERS

*Consumer Comment: Sounds like a summons.

*Author of original report: Update

*Consumer Suggestion: Are you sure there isn't a jdugment against you?

*Consumer Suggestion: Nothing in FDCPA about 6 years

*Author of original report: Update on my complaint against Asset Acceptance

*Consumer Suggestion: They can still collect.

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I recently received a letter from Asset Acceptance in Warren, Michigan. Within a few days I received a certified letter from the local court stating that Asset Acceptance was trying to get $1300 plus from me for a credit card account dating from 1994.
After doing research on the Fair Debt Collection Practices Act I realized that they cannnot collect on a debt that is over 6 years old in Ohio.
I am forwarding this information to the court and to Asset Acceptance. Had I not known about the Fair Debt Collection Practices Act I would of thought I still owed the money.
Do research before you pay to see if you are still liable for a old debt.
Asset Acceptance should be shut down today and not allowed to rip anymore people off.

Upsetinohio
findlay, Ohio
U.S.A.

This report was posted on Ripoff Report on 09/04/2007 06:34 PM and is a permanent record located here: http://www.ripoffreport.com/r/Asset-Acceptance-Warren-Mich-And-Cleveland-Ohio/Cleveland-Ohio-44131/Asset-Acceptance-Warren-Mich-And-Cleveland-Ohio-Fair-Debt-Collection-Practices-Act-read-272375. 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 20Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Written Agreement

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

If this is indeed a written agreement, then the burden of proof should be on them to prove that it is a written agreement with your signature on the application. I am no lawyer but I believe the SOL in Ohio for written agreements is 15 years, but how can they prove that this agreement was ever written? I seriously doubt that they have any paper work to legitimize this alleged debt against you, let alone the actual contract, to prove that it was a written contract, opposed to an oral one. One of their company invoices with the alleged debt they believe you owe is not validation, and are you and the courts just supposed to take their word for it that the agreement was written? This is not the way the law works. If discovery did not reveal a written agreement then I would petition the court to dismiss based on expiration of SOL of 6 yrs for verbal, if indeed it the 6 yr sol has expired.
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#2 Consumer Comment

TRUE SOL on credit cards and revolving charge accounts in Ohio

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

While it is sad that Ohio doesn't give a true definition of which category the statute of limitations for credit cards, and, revolving charge cards falls under, none of the above statements are correct.

I personally checked with the office of Attorney General for the State of Ohio, and, the SOL for open ended accounts, is 4 years. The Truth in Lending Act 1602 (i) clearly spells this out. They are NOT regarded as written contracts, and, in fact, are excluded under that category in the Ohio Revised Codes. The SOL for written contracts in Ohio is 15 years, however, credit cards, and, revolving department store cards, do NOT fall into that category at all. Neither do they fall in under the 6 year SOL.

I wish Ohio would be more definite in its definition, but, if you can read their codes, credit cards are in the category of open ended accounts.

Hope this helps!!
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#3 Consumer Comment

Be careful of how you interpret

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

You stated that after 6 years, "a person cannot be sued for that debt for a credit card." A person CAN be sued for the debt for a credit card, and if you do not raise the statute of limitations defense in court, they can win. Please don't just assume they cannot sue you. They can still sue you and win unless you bring it up as part of your defense.

Just like if a person was not read his miranda rights. The judge will not dismiss the case unless the defense attorney has brought it up as part of the defense. The judge will not just say out of the blue, "this person has not been read the miranda rights so case is dismissed." For the judge to find in your favor on any point of law that is in your favor, you must bring it to the judge's attention.
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#4 Author of original report

6 Years is correct, Not 15

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

6 Years is the Statue of Limitation for Ohio for Credit Cards.

When the Statue of Limitations is up the person cannot be sued for that debt for a credit card

look at this link and you can see for yourself.

http://www.bankrate.com/brm/news/cc/20040116b2.asp#oh

And at the top they state that a Credit Card is a Written or Oral Account not a Contract.

I think whomever is stating 15 years must be working for Accept Acceptance.

Look at all the Rip Off Reports for Asset Acceptance and you will see where people have had the cases dropped because of Asset Acceptance trying to make people think they can be sued for a debt that is over the Statue Of Limitations.

Read the Fair Credit Collection Act and you will see.

People have sued Asset Acceptance and won !!!
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#5 Consumer Suggestion

15 years is correct

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

I've never heard of the Fair Practices Collection Act. The Fair Credit Reporting Act states that most closed debts that are older than 7 years can't appear on your credit reports. But the FDCPA and the FCRA are federal laws, and they have no bearing on a given state's statutes of limitations for contract actions.

In Ohio, the statute of limitations applicable to a written agreement is 15 years, as Don stated above. ALL credit card debts resolve to a written agreement. No credit card issuer is, or ever has been, dumb enough to issue credit without a written agreement. The agreement (or contract, if you want to call it that) consists of the terms you were offered when you applied for the card, as well as the application itself. Thus, as a practical matter, the statute of limitations applicable to credit card debts, when the law of Ohio applies, is fifteen years.

Now, the statute of limitations applicable to VERBAL contracts in Ohio is six years. But you're not dealing with a verbal contract, so that's irrelevant.

Whether or not you should get a lawyer probably largely depends on the amount of the debt they are claiming. But you should also consider the potential for a judgment blight to appear on your credit report, and the economic damage this could cause down the road.

If your credit is in good shape right now, I would recommend at least consulting with an attorney. Just because I think the SOL is agaisnt you doesn't mean you don't have other viable defenses.

Best of luck!
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#6 Consumer Suggestion

SOL

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

Upset in Ohio, you may be right about the SOL. Depends on how the court interprets what the debt is from. Some credit cards are considered to be written contracts. Might be best to seek an attorney.

For a 2nd point, regardless of whether the SOL has passed, you still owe the debt. Currently there is only 2 states (Wisconsin and Mississippi) which have legislated that once the SOL has passed, the debt is over. Everywhere else, you still owe the money. However the collector's options to collect the debt are more limited.
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#7 Author of original report

sol

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

The statue of limitations in Ohio for this type of account is 6 years, not 15 as whomever stated in the above posting. 15 years is for a different type of matter, check the Fair Practices Collection Act and it shows on there what the 15 year limitation is for.
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#8 Author of original report

sol

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

The statue of limitations in Ohio for this type of account is 6 years, not 15 as whomever stated in the above posting. 15 years is for a different type of matter, check the Fair Practices Collection Act and it shows on there what the 15 year limitation is for.
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#9 Author of original report

sol

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

The statue of limitations in Ohio for this type of account is 6 years, not 15 as whomever stated in the above posting. 15 years is for a different type of matter, check the Fair Practices Collection Act and it shows on there what the 15 year limitation is for.
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#10 Author of original report

sol

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

The statue of limitations in Ohio for this type of account is 6 years, not 15 as whomever stated in the above posting. 15 years is for a different type of matter, check the Fair Practices Collection Act and it shows on there what the 15 year limitation is for.
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#11 Consumer Suggestion

SOL in Ohio

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

Suprised no one has jumped on this one yet. The SOL in Ohio is 15 years. If the card was charged off back in 1994, it is still within the SOL. Google SOL and you will see this.
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#12 Consumer Suggestion

Have you called the court?

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

Have you called the county court listed on your certified letter from them to make sure the case has been filed? I wouldn't put it past Asset to send you a certified letter looking like it came from your county court. Was it a Summons and a Complaint? Was it a Notice of Hearing? Usually the court system does not send a letter and you said it was a letter.

Does it have a case number on it? Call the court and make sure there is a case pending against you. Then get the court date and the filing date to make sure you answer the complaint in the correct amount of time. The complaint states how long you have to file your answer. Make sure you answer and make sure you show for court. Also, check the statute of limitations in your state to see if the debt is legally collectible.

If the statute of limitations is expired, you must include this defense in your answer or the judge will not consider it and rule against you.

I am not an attorney, I have just read the posts on this board and learned the above. You may want to talk to an attorney or read posts on this website and others to find out what to do. I have never had to deal with a court case so I am not sure, but I had the above ideas and wanted to share them.
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#13 Consumer Suggestion

DO NOT MISS YOUR COURT DATE AND DO NOT NEGOTIATE WITH THEIR LAWYERS

AUTHOR: C R - (U.S.A.)

If you did receive a summons to appear in court than you MUST APPEAR or risk a default judgment. Go to court and DO NOT NEGOTIATE ANYTHING with their attorneys. If they ask you any question just say you are not prepared to answer at this time.

Keep all records of phone calls, letters received, and letters you have sent to them. Dates, times, and content should all be saved. Even the envelopes that any material may have come in.

Before your court appearance, send them a certified letter (return receipt) stating that the statute of limitations has run out for collecting this type of debt thru the court system. There are plenty of places on the web to find form letters of this type. Use careful wording as to not admit to the debt being yours.

Once in front of the judge, if the case is not dismissed immediately, demand proof of receipt for what Asset ACTUALLY paid to obtain this debt. Often times its about 7 cents per dollar. In most cases, the collection agency can only collect what they actually paid for the debt. In this case, it sounds like they got this account for about $10.

Also, if you can prove any wrong doing on their part, you can file suit against them in civil court for up to $1,000 per violation of the Fair Credit Act. That's right, turn the tables on them and get paid yourself.

Furthermore, while you are taking the time to fight this take a couple of minutes to file a report against them with the better business bureau, your state attorney general's office, and the home state attorney's general office of their company, which is michigan.
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#14 Consumer Suggestion

DO NOT MISS YOUR COURT DATE AND DO NOT NEGOTIATE WITH THEIR LAWYERS

AUTHOR: C R - (U.S.A.)

If you did receive a summons to appear in court than you MUST APPEAR or risk a default judgment. Go to court and DO NOT NEGOTIATE ANYTHING with their attorneys. If they ask you any question just say you are not prepared to answer at this time.

Keep all records of phone calls, letters received, and letters you have sent to them. Dates, times, and content should all be saved. Even the envelopes that any material may have come in.

Before your court appearance, send them a certified letter (return receipt) stating that the statute of limitations has run out for collecting this type of debt thru the court system. There are plenty of places on the web to find form letters of this type. Use careful wording as to not admit to the debt being yours.

Once in front of the judge, if the case is not dismissed immediately, demand proof of receipt for what Asset ACTUALLY paid to obtain this debt. Often times its about 7 cents per dollar. In most cases, the collection agency can only collect what they actually paid for the debt. In this case, it sounds like they got this account for about $10.

Also, if you can prove any wrong doing on their part, you can file suit against them in civil court for up to $1,000 per violation of the Fair Credit Act. That's right, turn the tables on them and get paid yourself.

Furthermore, while you are taking the time to fight this take a couple of minutes to file a report against them with the better business bureau, your state attorney general's office, and the home state attorney's general office of their company, which is michigan.
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#15 Consumer Comment

Sounds like a summons.

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

Seems to me you were probably served with a summons for court.

Do NOT ignore it. Many of these jerks file a civil suit even though the SOL is expired with the hope that you won't respond - they get a default judgement against you. The court will not evoke SOL expiration as your defense - YOU must do that in your rebuttal or during the hearing.

Side note: Credit reports are just that - REPORTS. A credit report has no bearing on whether a debt is valid or not, or collectible or not. Just because something is NOT LISTED on your credit report does not mean it's not valid or collectible.

Whether a debt is valid or collectible is what COURTS decide, NOT credit bureaus and the reports they sell to subscribers.

Good Luck.
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#16 Author of original report

Update

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

To the above question from someone,

I don't have any judgement or anything on this. I already checked my credit reports last night online and it does not show anything and it is current as of yesterday.

the paper from the court is only to get my answer or how I will pay the amount in question.

I have two things going for me, I have no record of of me even having that account they are questioning, and nothing shows on my credit report either, plus the so called account they are asking about says it was from 1994. That is way over the statues of limitations for that kind of debt here in Ohio.

Plus if you look thru the complaints on Asset Acceptance you will see I am not the first one they have tried to scam by producing a fake debt or mistake on someone.

Plainly put, Asset Acceptance should be put out of business and shut down for good before they have a class action suit against them by all the people they have the tried to get money from for debts that never existed. I see on ripoffreports of other companies that have had class action lawsuits against them for ripping off a large number of consumers.
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#17 Consumer Suggestion

Are you sure there isn't a jdugment against you?

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

If you received a letter from the court, then it is more likely than not that Asset Acceptance has a judgment against you. This means that you are dealing with a "judgment debt," which will have a MUCH longer statute of limitations than any other debt.

Check your credit reports to see if there is a judgment against you. If there is, you will be dealing with a whole different SOL.

Best of luck!
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#18 Consumer Suggestion

Nothing in FDCPA about 6 years

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

I don't see anything in the FDCPA that says they cannot collect after 6 years. Each state controls the statute of limitations regarding debt. Sometimes, shady debt collectors will file a civil suit even though the SOL is expired - they hope you won't respond to the summons and they will get a default judgement against you.

Things to do:

FIRST - Read the Fair Debt Collection Practices Act at ftc.gov/os/statutes/fdcpa/fdcpact.htm.

SECOND - send a certified letter, return receipt requested, to the DEBT COLLECTOR to dispute the debt and request written validation of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such validation or judgment, or name and address of the original creditor. Also, include a statement stating that you do not wish to be contacted again until you receive all the written debt validation information you have requested. In your case you want to clearly state that this is NOT YOUR DEBT and you should specifically ask for the following documentation:

What the money you say I owe is for;
Explain and show me how you calculated what you say I owe;
Provide me with copies of any papers that show I agreed to pay what you say I owe;
Provide a verification or copy of any judgment if applicable;
Identify the original creditor;
Prove the Statute of Limitations has not expired on this account;
Show me that you are licensed to collect in my state;
Provide me with your license numbers and Registered Agent.

THIRD - Once you received the written validation information requested, contact the CREDITOR (who owns the debt) via certified mail to resolve the matter.

It is important that communication between you and this debt collector be in WRITING! So, I wouldn't not talk to them, EXCEPT to obtain an address for sending a certified, return receipt requested letter to dispute and demand validation of this alleged debt.
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#19 Author of original report

Update on my complaint against Asset Acceptance

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

After doing some research I find out that the credit card account that Asset Acceptance is trying to get money out of me for never existed. Asset Acceptance made up the fake account to try and extort me out of money. I have no record of ever having a account with the company they say I did almost 15 years ago. Proper action will be taken by me thru the court system to clear this matter up.

What else I do not understand is how Asset Acceptance is still in business after reading the hundreds of complaints filed by consumers against them??

I am guessing there is probably thousands of consumers that got taken by Asset Acceptance over the years.


Many people do not know their rights under the Fair Debt Collection Practices Act and I think courts and lawyers should all be aware of that act and help consumers out that are defrauded by companies like Asset Acceptance.

Asset Acceptance should not be in business. Hopefully enough consumers file complaints on them thru this website and other agencies to close Asset Acceptance down for good.
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#20 Consumer Suggestion

They can still collect.

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

They can still legally collect on the account. They can also still try to sue you, and the judge can award them a judgment unless you bring it up in your answer to the lawsuit. Judges are not required to know every law at the top of their head, however if you bring it up as part of your defense, the judge has to look at the law and then rule.

If you just figure Asset cannot sue you after the statute of limitations is over, and don't go to court, no one will bring the statute of limitations rule up to the judge and the judge may rule in favor of Asset. It will then be a pain in the neck to get the judgment vacated.

I am not an attorney, but have learned the above from different posts on this website and others. Be careful what you say and how you say it.
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