LLoyd & McDaniel, Asset Acceptance Buying old debt claim from other debt collectors after the other agencies dropped claims. Louisville Kentucky

I am genuinely sorry this has happened to you, but you have a lot of defenses to get rid of them

1. The alleged debt is beyond the statue of limitations, they cannot legally collect on it
2. Send a cease and desist letter as well as a debt validation/verification letter by certified mail
3. If you are served, go to court. They have no leg to stand on. Make copies of everything when and if you go to court.
4. You can sue for counter damages for $1000
5. Do not admit and liability or have them talk you into verifying and making payment on the alleged debt.
6. Before your trial date, write a certified letter informing the clerk of the court and judge your position on the case. Include all documentation.
The worst thing for you is to do nothing. They will be hoping you don't fight and they get a deault judgment against you and satisfy it.

I received an Order to Appear in Court because Lloyd & McDaniel want to have my wages garnished because they have, apparently, gotten a judgement against me on an old (6+ years) contended debt.

I never received any other correspondence from them concerning this debt.  Now they want to have my wages garnished?  What can I do?  My court date is within the next month.

You will find a lot of helpful information on the following website and encourage you to check it out. www.debtorboards.com

Since I had not heard anything after filing my response to the courts in early June, I wrongly thought that Lloyds and McDaniels would not be pursuing this any more. On Oct 23rd, I received a FIRST SET OF INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION OF DOCUMENTS from Lloyds and McDaniels. The following is a list of the interrogatories.

1. Please state you full name, address, place of birth, date of birth, and social security number.

2. What is the name and address of the bank where you have your checking account.

3. Please list the date and amount of all payments made by check, money order, banks official check or any other means that you claim were made on the Account.

They go on with 13 more interrogatory questions, generally they ask that I prove that I paid this account in full, or that I received a settlement letter, or that I received a offer in settlement. Also, that the amount that I owe on the Account sued upon is correct and if not, what is the correct amount. Also, to state fully, completely and at length the factual basis of each defense, which I now assert or intend to assert in this action. Also, to identify and describe each exhibit that I will use in the trial of the captioned matter.

They then make requests for me to admit facts:

Fact 1. Please admit that you applied to the original creditor, Beneficial Financial, for the account in question.

Fact 2. Please admit that you are indebted to the Plaintiff in the amount of $ 3,437.53 plus any accrued interest

Fact 3. Please admit that you made payments on your account.

Fact 4. Please admit that you owe the balance on the account to the Plaintiff.

Fact 5. Please admit that the correct balance is outlined in the Complaint.

Fact 6. Written demand for payment of the charges subject of the action was made upon Defendant by Plaintiff 30 days or more prior to the filing in this action.

Albeit I have denied that I owe this debt from the very beginning, it sure seems like they just want me to tell the courts that I owe this debt from 1991. When I was first contacted by Lloyds and McDaniels they informed me that they were collection the debt for Asset Acceptance. , I sent them a letter disputing this debt. I demanded that the debt be validated. I also sent them a letter from Asset Acceptance ( the collection agency they represent) where Asset wrote that they have close the file and had not nor will not put it on my credit report. When I disputed the debt with Asset Acceptance, Asset closed the claim, I can not understand why Asset would then hire Lloyds to pursue the claim after they sent me a letter that their office had closed the account.

Neither Asset nor Lloyds have given any debt validation as I demanded as per my rights. I suppose that the request that I admit to fact 6, that they had demanded payment 30 days before they filed action, is being done because they actually filed a law suit against me only 25 days after the demand of payment, not the 30 days as the law requires. Yes, I do have the documentation to prove that.

I have 30 days to respond to Lloyds and McDaniels. I will be answering NO to each of the requests to admit as fact. I will not be giving my Bank address or account number to them or SS number. They already have my SS number. Every couple of weeks, I call the Court house to see if the status of the law suit has changed, mine is still just sitting there. I suppose that Lloyds is trying to get me to admit to certain things in a attempt to get a summary judgement. Me, I want to go to court and discuss it with a Judge. I have already sent everything to Lloyds before but I guess I will do it again. The court house told me that if I do not reply to the interrogatories, I could be found in contempt of court.

Any suggestions of advice or direction would be appreciated by all.

First off, I have fought several of these "collection" agencies successfully using many of the methods already mentioned. One method not mentioned to you that worked for me was filing a complaint with the better business bureau (BBB) and the Federal Trade Commission (FTC). They will investigate and get back to you. File a complaint to the BBB in your home state as well as the home state of the collection agency.

Also be sure to include some language in your dispute letter about selling this debt off to other collection agencies is in violation of your rights under the fair credit reporting act and each violation is a $1,000 penalty. As many have said before, these scumbags buy these accounts by the truckload for as little as 3 cents on the dollar (that's right, if you had a $10,000 debt they can purchase it for as little as $300) and then add "fees" and interest to balloon the new debt to 3 times the original debt. I call this regifting the debt! SLIMEBALLS!! I have even seen them reassign new account numbers to confuse people!

Show up for all court dates and DO NOT NEGOTIATE OR EVEN LOOK AT THEIR ATTORNEY! They will try and deceive you into a "deal", and the minute you take the bait, WHAM you are on the hook for the entire debt. File a motion to force them to prove the debt. (ie where is the paper I signed proving this is my debt.) THEY NEVER HAVE THE PROOF. They make their money preying (and praying) that the consumer is clueless about their rights. FIGHT THEM ALL THE WAY TOOTH AND NAIL. DO NOT GIVE IN. The day it's finally over will be one of the best days of your life!

What you are going through right now is what a lot of people are going through. Unfortunately, when collection agencies buy bad debt from the original creditor or another collection agency, the buying agency does not take the time to validate the debt prior to buying the debt. The reason being is because these agencies normally purchase debts on a large scale, meaning thousands of accounts at a time, it would take too long to validate the validity of each account they buy.
There is never a sure way to get the cycle to stop completely; however, there are ways to minimize the communications each time an agency purchases the account.

There is something called a Cease Communications. Basically what this means is if you demand in writing to any collection agency that you wish to cease all communications from the agency, that agency must comply with your wishes. ALL third party collection agencies must abide by the FDCPA (Fair Debt Collections Practices Act) which is governed by the FTC (Federal Trade Commission).

There are other things the FDCPA has put in place that is designed to protect the consumer from unfair practices in an attempt to collect a debt. Please feel free to contact us to further discuss your case at contactus@mibinvestigations.net

What you are going through right now is what a lot of people are going through. Unfortunately, when collection agencies buy bad debt from the original creditor or another collection agency, the buying agency does not take the time to validate the debt prior to buying the debt. The reason being is because these agencies normally purchase debts on a large scale, meaning thousands of accounts at a time, it would take too long to validate the validity of each account they buy.
There is never a sure way to get the cycle to stop completely; however, there are ways to minimize the communications each time an agency purchases the account.

There is something called a Cease Communications. Basically what this means is if you demand in writing to any collection agency that you wish to cease all communications from the agency, that agency must comply with your wishes. ALL third party collection agencies must abide by the FDCPA (Fair Debt Collections Practices Act) which is governed by the FTC (Federal Trade Commission).

There are other things the FDCPA has put in place that is designed to protect the consumer from unfair practices in an attempt to collect a debt. Please feel free to contact us to further discuss your case at contactus@mibinvestigations.net

What you are going through right now is what a lot of people are going through. Unfortunately, when collection agencies buy bad debt from the original creditor or another collection agency, the buying agency does not take the time to validate the debt prior to buying the debt. The reason being is because these agencies normally purchase debts on a large scale, meaning thousands of accounts at a time, it would take too long to validate the validity of each account they buy.
There is never a sure way to get the cycle to stop completely; however, there are ways to minimize the communications each time an agency purchases the account.

There is something called a Cease Communications. Basically what this means is if you demand in writing to any collection agency that you wish to cease all communications from the agency, that agency must comply with your wishes. ALL third party collection agencies must abide by the FDCPA (Fair Debt Collections Practices Act) which is governed by the FTC (Federal Trade Commission).

There are other things the FDCPA has put in place that is designed to protect the consumer from unfair practices in an attempt to collect a debt. Please feel free to contact us to further discuss your case at contactus@mibinvestigations.net

What you are going through right now is what a lot of people are going through. Unfortunately, when collection agencies buy bad debt from the original creditor or another collection agency, the buying agency does not take the time to validate the debt prior to buying the debt. The reason being is because these agencies normally purchase debts on a large scale, meaning thousands of accounts at a time, it would take too long to validate the validity of each account they buy.
There is never a sure way to get the cycle to stop completely; however, there are ways to minimize the communications each time an agency purchases the account.

There is something called a Cease Communications. Basically what this means is if you demand in writing to any collection agency that you wish to cease all communications from the agency, that agency must comply with your wishes. ALL third party collection agencies must abide by the FDCPA (Fair Debt Collections Practices Act) which is governed by the FTC (Federal Trade Commission).

There are other things the FDCPA has put in place that is designed to protect the consumer from unfair practices in an attempt to collect a debt. Please feel free to contact us to further discuss your case at contactus@mibinvestigations.net

Please verify under penalty of perjury that you under stand that a credit card agreement is a non- negotiable instrument within Article 3 104(a) of the UCC as a negotiable instrument must:
A. Contain an unconditional promise or order to pay a fixed amount of money.
B. To be payable on demand or at a definite time; and
C. Be payable to bearer or to order, at least at the time it is first issued or comes into the possession of the holder.

So, this law firm has a branch in Indiana and they are after me, too. Several months ago, I called them to try to get some information on this case...I had a couple of old accounts with Asset Acceptance and I actually paid them all off and I THOUGHT I had paid off all accounts to them, only to recieve a letter about another account for which I would be sued. I called and tried to dispute it over the phone and asked them to send me corroberating info. The woman on the phone was extremely rude, claiming that I was calling her a liar and I should consider owning up to my responsibilities. She hung up on me before I could even give her my address. When they called back a few days later, I told them not to contact me about it anymore.

6 months later, I recieved a summons stating that they will be suing me and I have 20 days to respond. I'm almost glad that it will be going through the courts, now, because as long as I show up and do my part, I should be OK.

ANYWAY, I was wondering if you would let me copy your format for the letter that you used to respond to yours...I am concerned about my corresponance in this matter because in Indiana if you acknowledge that you owe the debt, it gives them ground to pursue it. I'm hoping maybe your letter gets at how to say that the debt is past the statute of limitations without acknowledging that the debt belongs to you. If you woul dbe willing to share your info with me, please e-mail Leahro1980@gmail.com.

Thanks!!

I prepared, what I thought was a good response to their claim. When I called the Court House to find out what I needed to do to file a response, the clerks told me that they would not tell me anything because it would be giving legal advice and they could not do that. The clerks recommended that I go see a lawyer.

I had no choice but to go to a lawyer to find out what I needed to do. I went to a local law office and set up an appointment the following day. I was told that the lawyer charges $300.00 per hour. I told the receptionist that I only want 15 minutes of advice and that I would want the lawyer to talk very fast. I would record the conversation. Surprise, surprise, the first meeting is a free consultation.

It seems that the entire hope of Lloyds and McDaniels, was that I would not respond. That way, they would win their case by default. It was the only way they would be able to win the case. Apparently, this is what Lloyds does, it buys old debts and tries to scare the person into paying or takes that person to court and hopes the person does not respond so they will win by default. If they win by default, then they can attach a lien to your personal property and garnish you pay from work. To them, it does not make a difference if you tell them that I is not your debt. It does not make a difference if the debt is beyond the statute of limitations on forced collection. Even on their web site, it proudly displays that their entire company profile is to collect debts. I was shown how to format my response and where and what certain legal terms were to be used.

I filed a response to the courts in the first part of June. I did it well within the 20 days that is allowed by the Courts. I also sent a certified/ return receipt copy of the response to Lloyds and McDaniels. I started calling the Court House every week to find out the status of their claim and my response. All they would tell me is that Lloyds and Mcdaniels had not responded to my response.

I have asked them repeatedly, if there is a time limit for Lloyds to either go forward with a trial or to drop the case. The clerks implied that there was not a time limit and to seek legal counsel for the answers. So, for that last month and a half, I have continued to call the Courts House and they continue to tell me that Lloyds has not responded. Are there any suggestions on what should be done next. How do I either make Lloyds and McDaniels go forward with a trial or to permanently withdraw the claim?

Solid advice all around. Allow me to throw in my four cents now that this has gone to court.

First, I hope you answered the complaint, or showed up for your hearing, or whatever you were required to do. If things are still in process, just make sure to point out to the judge that the debt is well beyond the statute of limitations and tell the judge that, in your opinion, there is no way that they can prove that the debt was yours in the first place. You can do this in open court or in a motion to dismiss.

Provided you play all of your cards right, you shouldn't have any problem winning on this claim. Then, once you prevail, I would suggest doing the following (technically, you could actually do this before trial, which may actually be a better idea):

1) Send the firm a letter stating that they brought a frivolous action against you, due to the expiration of the statute of limitations, and that this is a violation of the rules of court (in federal courts and in most states, its referred to as a "Rule 11 violation, in Michigan it's a Rule 9 violation, I'm not sure what it is in your state).

Demand that they dismiss all pending actions with prejudice and that they compensate you for the costs and time you have spent in attending to this matter. State that, if they do not, you will file a motion for sanctions pursuant to the appropriate court rule. Give them 20 days to respond.

2) If they don't comply with your request, file the motion. Google for some sample motions on line to see what they should look like.

Of course, your best option is to hire an attorney.

Here are the pertinent parts of FRCP 11. Every state has a similar or identical rule:

FRCP 11(B): By presenting to the court a pleading, written motion, or other paper whether by signing, filing, submitting, or later advocating it an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

11(B)(2): [That] the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

11(B)(3): [that]the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

11(C): Sanctions.
(1) In General.
If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

(4) Nature of a Sanction.
The sanction may include nonmonetary directives; an order to pay a penalty into court; or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of part or all of the reasonable attorney's fees and other expenses directly resulting from the violation.

Best of luck! The law is on your side, don't let them get away with this!

However, as an aside: if the debt being collected is pursuant to a judgment, a longer statute of limitations will apply, so be sure they aren't trying to collect on a "judgment debt."

Best of luck and, again, your best option is to hire an attorney. There are laws implicated in this action that provide for an award of attorney fees if you win in court.

Best regards, and I hope you stick it to these guys (if, in fact, they deserve as such).

Edward, Keep us posted. In my case just heard from my attorney that they sent him a letter that they are wanting to dismiss the case without prejudice, but my attorney has counter to have it dismiss with prejudice. It took nearly 9 months for them to come around to the dismissal. Stick with your guns and they will fold. See I told you they would still sue on time barred debts. It's a numbers game they are playing, out of every 100 lawsuits filed they will win majority of them by default for the defendant fails to answer the summons or show up in court.

Edward, the statute of limitation for the debt has long expired from the original date of 1991. As long as you do not send a payment they cannot get a cent from you.

Go to court and simply state the statue of limitations has run it's course. Also, the creditor has to prove the debt belongs to you and that means he would need a mile long paper trail going all the way back to the original debt.

They cannot win a lawsuit, they are hoping you will settle out of court. (Providing you do not send any money to them)

You might also be able to file a counter suit for harassment...only win a thousand dollars though.

here is a web address to a list of states limitations: Both texas and kentucky have long passed.
http://www.fair-debt-collection.com/SOL-by-State.html#18

Good luck,

in the same boat

I think that this law firm is getting somewhat crazy. The original letter from them was dated April 21, 2008. I actually received it two or three days later than the date posted on the letter. I sent them a very detailed letter disputing the debt. I also showed where they were the fourth collection agency in the past 6 months that was claiming that I owed them for this debt. I had done a google search and did a paste and copy from a site making the detailed requests of disputes and requests for validation. I also added the SOL limits as to the state I live in. I also disputed that this was my debt. This letter was sent certified, return receipt. The return receipt shows that it was signed for on May 16th, 2008. That is about 3 weeks after receiving their letter. It was well within the 30 days that they gave me to respond.

Today, May 22, 2008, I received a letter from the County Sheriffs Department. The letter is dated May, 19th, 2008. The letter notified me that the Sheriffs Office has an important legal document for me. In order that you might be saved the embarrassment of having a member of this department contact you personally at your home or on your job, we will hold this paper in this office for 5 business days.

I immediately went to the Sheriffs office. They game me a civil summons that has been filed by Lloyds and McDaniels / Asset Acceptance LLC. The civil summons shows that Lloyds and McDaniels filed on May 15th, 2008. It also shows that they bought this debt from another collection agency on April 12th, 2008.

The first that I knew of this claim of debt was Nov, 3rd 2007. I received a letter from the collection agency Asset Acceptance LLC. claiming that I owed them a debt from 1991. I sent them a letter disputing their claim and asking for validation. Shortly after that they sent a letter stating that the account was closed by their office. Within a month after that I received a claim from Merchants Credit Guide Co. claiming that I owed them a debt from 1991 and demanding the same payment that Asset Acceptance had. Shortly after disputing their claim, I again received a letter stating that their office had closed the file on this claim. Within a month after that, I received a claim from NCO Financial Systems INC., claiming that I owed them this debt from 1991. I received a letter dated March 22, 2008, stating that their office had closed the account.

This is becoming a never ending nightmare. All these credit agencies are doing is selling a claimed debt to one another after it is disputed. Does anyone know of how I get them to stop selling this claim after I dispute it?

I intend to write and file a letter of defense to the Hardin County District Court in response to the civil summons that was filed by Lloyds and McDaniels. I hope that it will help my defense when I show the documents that prove that I responded well within the 30 days that Lloyds and McDaniels demanded.

Also attached to the civil summons, is a affidavit from Asset Acceptance LLC. It is signed by Judy Melasi and is dated April 21st, 2008. I find it confusing that Lloyds and McDaniels on behalf of Asset Acceptance LLC has filed this civil summons against me when I have letter from Asset Acceptance LLC that is dated January 12th, 2008 , advising me that this account was closed and no longer being handled by their office. Also, their records show that this account is not currently be reported to the credit bureaus. I have about one week to file a defense on this civil summons. Any good suggestions, web sites, or other ideas that I can include as a defense would be greatly appreciated.

Gotta watch them they are sneaky and will file a lawsuit on time barred debts in hopes that you don't show up so they can get a default judgment. I am dealing with this same law firm and the junk debt buyer. Keep all records that you have and be sure to answer if you are served and show up for all court appearances. Also go down to your local courthouse and check the docket to see if they have already filed in your county and call the court in your former place of residency. For they may try to serve your old address.

Edward,

Disregard the uneducated advice from this "Miss Guardian. There is NO SUCH THING as a "cease and desist" as far as collections are concerned. The exact verbage of the law is CEASE COMMUNICATIONS.

And, there is NO REASON to go to your local library, or any library. Everything you need is readily available on the internet.

Just search for "FDCPA" or "Fair debt collections practices act" in any search engine. You can also go to budhibbs.com to read it, and also get a sample copy of a CEASE COMMUNICATIONS request letter. [NOT cease and desist].

There is no legal format for this letter. As long as you identify yourself and your contact information, identify the offender, and date the letter, specify they are to cease communications with you immediately, and dispute the debt, you are covered. DO NOT sign anything you send to any collector, just print. And be sure to send it by certified mail, return reciept requested. Be sure to put the certified# on the letter itself and keep a copy for your records.





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Submitted: 4/26/2008 10:50:23 AM
Modified: 4/26/2008 10:59:40 AM Miss Guardian
Sharks Paradise, Florida
U.S.A.

There is Help-4-U
Dear Any Injured Parties: I have an ideal Solution for You! You must go to your local library and look up the format to properly fill out a 'Cease And Desist' Letter to them sent by Certified Mailing Return Receipt Requested. By Law they are only allowed to contact you one time and after that it is labeled harrassment by them! Go for it! Angel-Like



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Dear Any Injured Parties: I have an ideal Solution for You! You must go to your local library and look up the format to properly fill out a "Cease And Desist" Letter to them sent by Certified Mailing Return Receipt Requested. By Law they are only allowed to contact you one time and after that it is labeled harrassment by them! Go for it! Angel-Like