• Report: #209990

Complaint Review: AAC - Asset Acceptance

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  • Submitted: Thu, September 07, 2006
  • Updated: Thu, March 12, 2009

  • Reported By:Small Town Other
AAC - Asset Acceptance
28405 Van Dyke Ave Warren, Michigan U.S.A.

Asset Acceptance - AAC Asset Acceptance ripoff is terrorizing me on a 6 year old defaulted phone bill debt!! Warren Michigan

*Consumer Comment: To the "breadwinner"

*Consumer Comment: To the scholoarship student who owes the $4,000 phone bill

*Consumer Suggestion: SOL's

*Consumer Suggestion: Ohio SOL is 15 years on any debt.

*Author of original report: Ohio SOL?

*Consumer Suggestion: before you call that lawyer try this

*Consumer Comment: Don't talk to them again...

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I was living in Ohio from 1990 to 2000. I had a home phone bill I disputed back in July 2000 which I did not pay. It amounted to like $4000.
In August 2000 I was transferred out of the country for work and I gave them my new overseas address. The last bill I paid was July 2000 still on dispute. The phone company did send me the bills for a 3 months but I told them it was disputed and then they stopped. In December 2002 I received a letter from CBA telling me that the debt was referred to them.

I wrote back asking for verification but they did not send back anything. They posted the following in my credit history : Date Opened 12/2002 and the same date for Date Reported. I just kept quiet. I had left my address for my credit cards at a friends address in another state.

In 2003 I noticed that they posted the following after selling the debt to Asset Acceptance. Date Opened 08/2003 and Date Reported 06/2004. Credit acceptance called my friend's place asking for me but he told them I do not live there. I did not hear from them till today.

I moved back to the States and got a place in Kentucky as a student. I have no property and no loans. I rent from a friend. I only have a checking and saving account and that also with little money. I am on a scholarship.

Today I got a call on my cell phone. I didn't take the call but they told me in the voicemail they were asset acceptance debt collectors. The last time I paid any bill for this account was July 2000 before it went into collections. Can they do anything?

I think the Statue of Limitation for Kentucky is 5 years and Ohio is 6 years for open accounts. (Is it 6 years for Ohio?) Does phone bills fall under open-account catagory for both states?

It's just over 6 years and they called today. What should I do next time they call? Can they seize money from my bank account? Both savings and checking accounts?

What do I do when they call me again? What do I say? What direction do I go in? I don't have much money. I'm just a student. Help please!!!

Alex
Small Town
U.S.A.

This report was posted on Ripoff Report on 09/07/2006 08:01 PM and is a permanent record located here: http://www.ripoffreport.com/r/AAC-Asset-Acceptance/Warren-Michigan-48093/Asset-Acceptance-AAC-Asset-Acceptance-ripoff-is-terrorizing-me-on-a-6-year-old-defaulted-209990. 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 7Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

To the "breadwinner"

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

Guess you do not know that Accept Acceptance is a third party scum debt collection agency or you are an employee of this losers and I make this assumption on your lovely spelling
To the OP - I will give you the same advice my attorney gave me
Send them a cease communications letter via certified mail with return receipt requested - keep copies of all these documents
I have dealt with this company and they violated my cease communications letter 3 times!!!!
Check with your Secretary of State or Attorney General to see if Debt Collectors are required to file a Surety Bond - In Texas they are and if they don't every call and every letter is a violation and subject to fines
Good luck and visit www.budhibbs.com
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#2 Consumer Comment

To the scholoarship student who owes the $4,000 phone bill

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

From reading your report, you are aware of the phone bill, yet don't want to pay it. And how the hell can someone run up a huge amount of $4,000!!! that's entirely impossible (unless you are really insane to use the phone). I can see if it was a typo--$400 sounds more like an actual phone bill in collections, but $4,000? Come on, give me a break.

As to the answer to your question, they will come after to you for the amount of money regardless how many times they can do it until you tell them to stop calling you (in wrting, that is), or if you die. If you still don't pay it, it will be charged off (yes, you won't have to pay it any longer) BUT you will have it on your credit report for 7-10 years, and you will not be able to get your next school loan or scholoarship the next time you want to go back to school. Trust me when i say this because i did a similar thing (not on a huge amount though) and i had to wait 8 years before retruning to college over a nasty ****** 80 dollar phone bill.
Good luck.
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#3 Consumer Suggestion

SOL's

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

Research The Fair Debt Collections Practices Act on your own.

ftc.gov/os/statutes/fdcpa/fdcpact.htm#805

Any questions you have about what this company does, in the way of collections, can be found on the ftc.gov site.


Fair Debt Collection Practices Act

805. Communication in connection with debt collection [15 USC 1692c]

(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.



This company cannot over look state laws that govern them in the collections business.

816. Relation to State laws [15 USC 1692n]

This title does not annul, alter, or affect, or exempt any person subject to the provisions of this title from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this title if the protection such law affords any consumer is greater than the protection provided by this title.

You paid on the bill in July of 2000, correct? Since you paid on the original creditor debt, even under dispute, you admit to oweing the debt. The phone company then turned your account over to a collection agency, CBA.

AALLC then purchased your debt from CBA, correct?

Was there a negative mark on your credit report from the phone company? Prior to them turning your account over to CBA for collections?

The only way anyone can "seize" any of your assets, or place a lien on property (which you don't need to worry about, since you don't own any property) is by a judgment.

The person seeking remedy for the debt must take you to court (it doesn't matter that you don't live in the same state and you will be served via the sheriff's department), get a judgment and then start the process of judgment enforcement.

Winning a judgment doesn't mean the plaintiff gets paid, they have to have someone step in to enforce the judgment. The court will not enforce the judgment.

Can the judgment be enforced? Yes, your wages can be garnished, someone can put a lien on your vehicle, boat, motorcycle any property you own. Your income tax return can be snatched as well. They would have to have a judgment enforcement specialist go after you once they win the judgment.

If you don't want to speak to them, send them a cease and desist letter. Send it certified, return receipt via the USPS. You don't have to speak to them about the debt. If this is already on your credit file, you will have to work to have it removed.

I really hope this helps with your situation.
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#4 Consumer Suggestion

Ohio SOL is 15 years on any debt.

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

The Statute of Limitations in Ohio is 15 years for any debt.

I threw this in because sometimes a person will originate a debt in Ohio then move to another state with a low SOL and think that is the one that applies.

The applicable SOL is the state in which you entered into the contract unless specified otherwise in the contract.
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#5 Author of original report

Ohio SOL?

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

What is the SOL for the state of Ohio for defaulted phone bills?
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#6 Consumer Suggestion

before you call that lawyer try this

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

send this a validation letter (you can find this doing a search on google or going to the website of budhibbs) send it certified and return receipt. Then notify your state attorneys general office and file a complaint with FTC which is free on their website! Good luck!
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#7 Consumer Comment

Don't talk to them again...

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

That would be my first step. Then you should go down and talk to a bk lawyer. This is what I did and it helped me alot. I found out that in my case they couldn't collect anymore. They continued to send letters until my lawyer told me what to write to them and they stopped. Haven't heard from them again. The lawyer I talked to didn't charge me. He didn't even ask me to come in, just gave me alot of advice over the phone. So try that first.
But don't say ANYTHING to them.
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