• Report: #442971

Complaint Review: Asset Acceptance

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  • Submitted: Sun, April 12, 2009
  • Updated: Thu, July 23, 2009

  • Reported By:El Cajon California
Asset Acceptance
8405 Van Dyke Ave. Warren, Michigan U.S.A.
  • Phone: 800-545-9931
  • Web:
  • Category: Lawyers

Asset Acceptance What do I do now??? Warren Michigan

*Consumer Comment: I hate to ask

*Consumer Comment: Sewer service.

*Consumer Comment: Once again

*Consumer Comment: What you said!!!

*Author of original report: Got a letter from both CA and MI Attorneys General

*Author of original report: Got a Copy of Proof Of Service

*Author of original report: Got more info on the "Proof of Service" filing motion to vacate

*Consumer Comment: Accept Acceptance - the lowest of the low

*Consumer Comment: Accept Acceptance - the lowest of the low

*Consumer Comment: Accept Acceptance - the lowest of the low

*Consumer Comment: Accept Acceptance - the lowest of the low

*Author of original report: I went to the courthouse

*Author of original report: Okay...I filed complaints

*Consumer Comment: Suggestion..

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Almost a year ago, I received a copy of a default judgment being filed against me on behalf of Asset Acceptance by a lawyer based out of San Francisco (Peck & Ray).

I never received anything from Asset Acceptance themselves, nor any notice to apppear in court.

I contacted the lawyer by certified mail asking for validation of the debt. She responded saying that I did not have the right to ask this because I was already given ample time to have the debt validated, and to contact her to make payment arrangements. She stated that she had sent notification.

I asked her in another letter to provide documentation that I was ever notified by her or Asset Acceptance. I never heard from her again. Then, I get in the mail that an Abstract Judgement was reached, and that a lien was placed against me. It was forwarded from my old address. I had mailed the lawyer from my new address, so she should've had it.

What do I do now?

Mslpowers
El Cajon, California
U.S.A.

This report was posted on Ripoff Report on 04/12/2009 04:30 AM and is a permanent record located here: http://www.ripoffreport.com/r/Asset-Acceptance/Warren-Michigan-48093/Asset-Acceptance-What-do-I-do-now-Warren-Michigan-442971. 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 14Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

I hate to ask

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

but for all your fighting, Is this a debt you owe? You never say what the debt is for.
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#2 Consumer Comment

Sewer service.

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

Here is something interesting to read about sewer service.

http://consumerist.com/5320859/new-york-ag-says-creditors-used-fraud-to-collect-debt-must-return-money

I wish more AG's would be like this.
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#3 Consumer Comment

Once again

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

go to www.budhibbs.com
He has a link to lawyers who specialize in litigating bottom feeder collection agencies
Good luck
Stacey
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#4 Consumer Comment

What you said!!!

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

I had the exact same thing happen to me. I am a single mom. pay check to pay check.

I had a false proof of service. They waited until after the six month period to attack my wages. So I was defensless.

I wish there was a law firm who was willing to do a class action against them. But I can find no advice other than to file for bankrupcy......for a debt I don't owe.

And to top it off, I got another letter from them saying I had a car reposessed and I owe them for that. I told the person on the phone that I have never had a car reposessed.

So then she said I would have the burden of proof that it was not my debt??? That did not even work the first time...

So since my government won't help me to keep my job and my apartment....I will have to go on welfare. It is sad state of affairs for sure.
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#5 Author of original report

Got a letter from both CA and MI Attorneys General

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

And for the most part, both of them state they can't do anything. I've turned every which way, and each way, I keep running into a brick wall. I don't have the money for a private attorney, nor can I get any help from anybody. Is there ANYBODY out there who stands up for the little guy?!?!?!?
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#6 Author of original report

Got a Copy of Proof Of Service

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

It's been over 6 months since I received the default judgment, so the Motion to Vacate may be denied. I spoke with 2 attorneys, and they're saying that for them to represent me, they need at least a grand, and even then the motion may be denied.

It only cost $20 to file a motion by yourself....anybody have any advice???

By the way, the process server stated he tried to serve me 3 times, then performed substitute service. The days he supposedly tried to service me...two of them were on the weekend and I was home because I was unemployed. On one day, it was the night before I started my new job.

I don't know how to prove this supposed roommate was never a roommate...
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#7 Author of original report

Got more info on the "Proof of Service" filing motion to vacate

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

According to the city clerk, the process server stated that they executed "substitute service" by serving my roommate on January 16th at 10:50 in the morning. They stated that my roommate was a woman by the name of Patricia.

Problem is...for the past five years, my roommate has been a man. Now I have to dig up a copy of our rental agreement (we've since moved), but I don't even know if that will work, since a roommate doesn't necessarily have to be on the agreement to live there....
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#8 Consumer Comment

Accept Acceptance - the lowest of the low

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

Here is a website that has attorneys who deal with these kind of scum
www.naca.net
Also go to www.budhibbs.com for more information about how to beat these deadbeats in court
Been there done that - I won and they have yet to pay me - go figure
Let us know what happens
Good luck and keep fighting
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#9 Consumer Comment

Accept Acceptance - the lowest of the low

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

Here is a website that has attorneys who deal with these kind of scum
www.naca.net
Also go to www.budhibbs.com for more information about how to beat these deadbeats in court
Been there done that - I won and they have yet to pay me - go figure
Let us know what happens
Good luck and keep fighting
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#10 Consumer Comment

Accept Acceptance - the lowest of the low

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

Here is a website that has attorneys who deal with these kind of scum
www.naca.net
Also go to www.budhibbs.com for more information about how to beat these deadbeats in court
Been there done that - I won and they have yet to pay me - go figure
Let us know what happens
Good luck and keep fighting
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#11 Consumer Comment

Accept Acceptance - the lowest of the low

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

Here is a website that has attorneys who deal with these kind of scum
www.naca.net
Also go to www.budhibbs.com for more information about how to beat these deadbeats in court
Been there done that - I won and they have yet to pay me - go figure
Let us know what happens
Good luck and keep fighting
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#12 Author of original report

I went to the courthouse

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

I waited in line to try and get a copy of the case file, especially the proof of service. The clerk went to look for it, and came back and said that the file wasn't there...that it may have been on somebody's desk or something. However, she said she could pull up the Proof of Service.

However, it looked like she was reading something quite important...because she got this look on her face, looked at me, then looked at the screen. She said that I was served on Jan 16th 2008. She said that this was all she could find.

I asked her if it stated where, and when I was supposedly served. She said that she couldn't without the file. But I could call next week to see if the file is available, then I could come down and get a copy of the proof of service.

I know exactly where I was....I was at work. I even confirmed with my roommate that he wasn't home to take the summons. He was at work too. Unfortunately, I'm gonna have to take another partial day off to get this squared away.
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#13 Author of original report

Okay...I filed complaints

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

With the FTC, The Attorneys General in CA and MI, my state senator (which probably won't do any good, but I was on a roll), and the BBB. I don't understand why this company has an A+ rating with the BBB as many complaints that I read about!!!

I'm going down to the court on Friday (it was the only time I could get the day off), and look at the case.

I was trying to find out how they could serve me. I found out they couldn't serve me by mail unless I was out of state, and even then they would need my signature. No one slipped any envelope under the door, nor did anybody serve anything in my hand.

I'll update this on Friday when I get back from court.
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#14 Consumer Comment

Suggestion..

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

Once they have a judgment against you they do not have to provide Debt Validation per the Fair Debt Collection Practices Act(FDCPA). This is because the judgment is already considering that the debt was validated.

If you were never notified of the suit you were probably a victim of what is known as "Sewer Service". This is where they "serve" you at an address you have not lived at for years, even though they know that is not your current address. This is so you are unaware of a suit making it impossible for you to show up and defend yourself. At which time they get the default judgment.

So the first thing to do is go to the Clerk of the Court where the suit was filed. You need the entire suit, most important you are looking for the "Proof of Service". This is the declaration of how you were served. If there was improper service you can file a motion with the court to have the suit vacated. At which time the judgment and lien will be placed aside. They then may sue you again, but this time you can have a proper defense.

If this is the case you may be able to have some "fun" with them. If you find out that the proof of service was forged in any way, or that they in fact did serve you at an address they knew was not yours. Not only do you have a good chance of getting the suit dismissed but you may be able to turn around and sue the collection agency and attornies involved. In a worst case(for them) you may even be able to get the attorney disbarred for impropper actions.
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