• Report: #772425

Complaint Review: Asset Acceptance LLC

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  • Submitted: Fri, September 02, 2011
  • Updated: Wed, September 07, 2011

  • Reported By: Shannenbug — Palm Bay Florida United States of America
Asset Acceptance LLC
po box 9065 Brandon, Florida United States of America

Asset Acceptance LLC Heartless People who WILL burn in Hell Brandon, Florida

*Consumer Comment: Mea culpa

*Author of original report: I have no problem with making payments on this debt

*Consumer Comment: You're right

*Consumer Comment: Not sure where you got that idea VOR

*Consumer Comment: Regarding the statute of limitations

*Author of original report: Wow you must work for the same company..

*Consumer Comment: Fun times

*General Comment: I have a comment

*Author of original report: You know if I'm feeling extra ENTITLED...

*Author of original report: I could care less what Ken has to say

*Consumer Comment: The Right Step

*Consumer Comment: "Read up on asset acceptance and you will see that I am not the only person who has been screwed"

*Author of original report: Thanks for the advice but my attorney says otherwise

*Consumer Comment: Asset Acceptance

*Consumer Comment: Is this money owed, or not?

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When I was 18, I recieved a 300 dollar Chase credit card, and like most irresponsible 18 year olds, I didn't pay the bill. 6 years later I "owe" Asset Acceptance 2100 dollars and they freeze my bank account.
When calling the "legal department" at this "esteemed" corporation, you can only talk to highschool dropouts and other invalids. Luckily my bank gave me the name of Radolfo Miro, who doesn't even have an office address, just a P.O. box in Brandon Florida. I recieved no court papers, and nothing telling me that they were going to garnish my wages. When talking to the " Legal Department" I was told that is was my fault if my son starved because they were freezing all of my money for this bogus debt!!!!
Unethical does not even begin to cover the description of this company

This report was posted on Ripoff Report on 09/02/2011 03:16 PM and is a permanent record located here: http://www.ripoffreport.com/r/Asset-Acceptance-LLC/Brandon-Florida-33509/Asset-Acceptance-LLC-Heartless-People-who-WILL-burn-in-Hell-Brandon-Florida-772425. 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:
5Author 10Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Mea culpa

AUTHOR: voiceofreason - (United States of America)

I don't know the laws in this regard. Just stating what I figure might be the case. That done, I agree that the collections industry is filthy rotten and does a lot of dirty things to grab peoples' cash outside of civilized and statutory limits. They figure 99% of the victims won't fight them. The insurance and warranty industry does the same thing. Unfortunately you have to fight them back, and that can be a killer when you have to be at a job 9-5 every work day. And they know that.
I'm not attacking the OP when I say its hard to have total sympathy with her. The debt is only 6 years old. It's not like the poor posters who have debt nightmares coming back to life after a decade, 20 years, or longer. Her original post had an air of entitlement, like she was only 18 so who cares if she didn't pay it back. I'm sorry, OP, but it makes it look like you just stole the $300 and didn't give a d**n over paying it back.
All that said now, I defer to better legal minds as to your legal rights to undo this mess.
I still think you should give the card issuer a shot at taking back the debt from the collector. It can be done. They just have to be willing to do that.
Of course, if just attempting that destroys any SOL legal immunity you are entitled to, then that would not be in your best interests.
The biggest problem is that they possess the keys to your account, and you're being forced to fight them on their field.
Someone else suggested you go to Bud Hibbs for help (http://www.budhibbs.com/bh/). Never been there, but I should probably stop my rambling and leave you to try them out first.
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#2 Author of original report

I have no problem with making payments on this debt

AUTHOR: Shannenbug - (United States of America)

I know I owe the money and it is the right thing to do. The point of my whole post is that it is wrong and should be against the law to be able to freeze somebodys bank account especially if that is their whole income. If they were going to garnish, they should take a percentage of my paycheck. 50 dollar payments were being made for 2 years almost and the balance never went down and it only went up.

I asked if I could pay a portion of the debt with this company's legal department, and they told me that they would not relase my money until the debt was paid in full.  How can they expect somebody to pay a debt and basically work for free until it is paid off? If I could pay it, I would pay it in full.

They also don't know what happened for me to obtain that credit card in the first place,  nor do they care. This is one of the many practices that occurs too often in this countryy today, the credit card companies target people and send tons of credit card offers to people even before they turn 18. They should be responsible on some level to make sure that a person can actually pay a credit card bill before handing one out. It is all too easy to obtain a credit card and this is one of the reasons that the bankruptcy rate is at an all time high.

I would much rather pay the 1400 dollars to file bankruptcy than to give the people that work for this company a commision or satisfaction.

I filed an exemption request with the court and am weighing my options now. I don't feel like I don't owe a debt, I just don't think that it is reasonable for a person to be forced to pay 2100 dollars for a 6 year old mistake.  I also think that if these asset acceptance is responsible for taking people's money, that they should be required to ensure that their staff is more educated and can give answers instead of just harass people.
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#3 Consumer Comment

You're right

AUTHOR: Inspector - (USA)

A company should not be rude or talk down to anyone.  Do they have the right to freeze your bank account?  Don't know the answer to that one.  Do you bank at Chase? 

You still owe the debt, no matter how long it's been.  I cannot understand why you think you don't.  Someone suggested a reduced pay off.  I think you should do this.  Stop the name calling and insults, it solves nothing and gives the upper hand to this low life collection angency by reducing you to their level.
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#4 Consumer Comment

Not sure where you got that idea VOR

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

Check your state law carefully regarding this. I'm sure it doesn't release you of the debt merely by waiting out 6 years or so. Probably, the debt remains legally retrievable if the lender, or their assignee, in this case the collection agency, has made any verifiable attempt to collect it within that statutory period.
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Once the the SOL has expired the lender has no LEGAL recourse to collect.  It doesn't mean that they can't try, it just means if they sue, you can use the SOL as an Affirmative defense and have the case dismissed.   As long as the Debtor does not do something to Reset the SOL there is really nothing the Lender can do that would automatically reset it because they "tried".

What can a debtor do?  The biggest, and probably most common, is if the debtor makes a payment.  This is why you will get collection agencies who say to just pay them $25-$50 as a "good faith" payment.  The only thing that will come of this is that they will in "good faith" go after the entire debt.  Then depending on the case and state if you make a written promise to pay that could reset the SOL.  There are also cases, such as if the debtor leaves the country, where the SOL can be put on hold.  However, a "good faith" effort on the behalf of the creditor is not one that can reset the SOL, at least that I have ever seen.

Also, some people seem to be missing the point of this report.  This person was sued and apparently was not notified of the suit.  The only way they found out is when they found out their account was garnished.  They then later found out that the "service" was to another address.  This is very common and what is basically known as "Sewer Service".  Where the OP seems to have a very good chance of getting the judgment vacated or stayed.

Now, if they sued within the SOL and it just took a few years to attach the bank account the suit could be valid.  So even if he is able to prevail in the motion, if they sue again because the ORIGINAL suit was within the SOLwhen they filed unless he can prevail on another defense he will probably loose.  In that they would have to look at how they calculated the amount due as a place to start.

Now, this is the LEGAL responsibility of paying back a debt, this has nothing to do with the MORAL aspect of a person being responsible for their debts which I am not going to go into.
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#5 Consumer Comment

Regarding the statute of limitations

AUTHOR: voiceofreason - (United States of America)

Check your state law carefully regarding this. I'm sure it doesn't release you of the debt merely by waiting out 6 years or so. Probably, the debt remains legally retrievable if the lender, or their assignee, in this case the collection agency, has made any verifiable attempt to collect it within that statutory period. By sending any notice out to you they kept a record of, whether you got it or not, over the past 6 years, is probably enough for them to go to court with.
Unfortunately you have to deal with this grief now, even if a court sides with you and releases your assets.
One alternative is to attempt to negotiate the balance down. Another is to plead via the corporate offices of the credit card issuer to please take back the account from the collection agency and settle with you for a negotiated payoff. For either of these, you'll need to fall on your sword - no attitude.
You do understand by now, I trust, that they didn't reach $2100 as a balance out of thin air. This resulted from 6 years of accumulated high credit card interest and late penalties, plus the standard markup for the collection agency.
In a perfect world it would be nice if they gave a d**n about your kid or circumstances, but you did have a major hand in creating this mess. You're dealing with a cutthroat business and industry, but more a victim of your own assumption that you could just ignore that bill and it would disappear.
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#6 Author of original report

Wow you must work for the same company..

AUTHOR: Shannenbug - (United States of America)

Don't worry about my son or his father. Like I said, we WORK for our money. You sound almost as ignorant as the people I have to deal with on the phone. As for my debts, their being paid if they are legitimate.

Why don't  you get an education and get a REAL job my dear. Instead of charging people for nothing. They are not getting commision from me.
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#7 Consumer Comment

Fun times

AUTHOR: mr rik - (USA)

I remember the days of hanging round the collection agency office for their "employees" to emerge. Those were good times.
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#8 General Comment

I have a comment

AUTHOR: IamGood - (USA)

Yeah deadbeat, and u supplement your income by charging items on your credit card, then walk away form your debt saying "Oh well, I was young".  After 6 years of not paying 300.00, the HIGH interest balooned up to 2100.00

U owe the money, they served you at the address they had on you when u got the credit card bill, you admitted you were served, and so they sued you.  Guess what this debt is no longer out of the statute of Limitations.

they are gonna continue garnishing your wages, and take your bank account until your debt is paid.

Guess what, I collect from deadbeats like you, and I get you when you think we have gone away, and I walk away with a nice big commission,

hardie har har!!!!
Good luck feeding your illegitimate kid!!!!
Where is the kid's daddy, is he a deadbeat too?
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#9 Author of original report

You know if I'm feeling extra ENTITLED...

AUTHOR: Shannenbug - (United States of America)

I could just go and work for asset acceptance and charge 1800 extra dollars for a 6 year old debt... You know I would probably be overqualified since you only need a high school diploma or GED to work for their " Legal Department." Talk about entitlement Ken, why am I being charged this 1851 dollars? So that they can afford to keep their employees that do absolutely nothing and give you no information?

After talking to one of the ignorant employees, I visited the asset acceptance Human Resources page.... if you are interested in what it takes to get a job there check it out. You sound like you would be a great fit.

As for me, I will continue WORKING for my pay check :)
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#10 Author of original report

I could care less what Ken has to say

AUTHOR: Shannenbug - (United States of America)

I just got the appropriate court papers. They were sent to the wrong address, funny how these people know my bank account information but  not my correct address. P.S. if I felt entitled I wouldn't be up getting ready to go to work right now, seeing that I can't get my paycheck anyway. I could very easily act like these other young mothers out there and be collecting welfare and just write these people off. 

    If these people want to take my money, they should atleast have my correct address seeing that I only have 20 days to file an answer.hmmmmm.....
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#11 Consumer Comment

The Right Step

AUTHOR: yourcollectionrights - (United States of America)

Oh come on! You are obviously from Asset Acceptance itself. Look at what the complaint is here. The statute of limitations have well over passed. They are four years in Florida.http://www.yourcollectionrights.com/page/Florida-Fair-Debt-Collection-Practices-Act.aspx. This is a clear violation of the FDCPA.  Another thing, the consumer has every right to know about her debts owed, and by garnishing her wages without informing her, is another violation. anyway, there are innumerable such complaints on them, and they are fighting lawsuits if I'm not wrong. Contacting the state attorney is the right step, they would give some advice on obtaining the debt validation etc.,
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#12 Consumer Comment

"Read up on asset acceptance and you will see that I am not the only person who has been screwed"

AUTHOR: Ken - (USA)

That quote is from your post.

I assume you count the company you didn't pay as one of those "screwed"....right?

You've conveniently forgotten that or don't think it mattered as it wasn't YOU that was stiffed.

Get on with your "I'm entitled" life and keep making excuses and blaming others for your questionable actions.
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#13 Author of original report

Thanks for the advice but my attorney says otherwise

AUTHOR: Shannenbug - (United States of America)

I refuse to pay 2100 dollars to a company that talks to people like their nobody for a 6 year old 300 dollar debt. Would  have been nice to get some kind of papers letting me know that this was going to happened. I already filed the appropriate court papers but I think it is unethical for a company to basically leave somebody with 0 dollars. I am a hard working citizen who supports her child on her own. Thanks for taking the side of this company who has no morals. Read up on asset acceptance and you will see that I am not the only person who has been screwed.
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#14 Consumer Comment

Asset Acceptance

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

Is one of the worst third party debt collectors - go to www.budhibbs.com and ready all about them
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#15 Consumer Comment

Is this money owed, or not?

AUTHOR: Ken - (USA)

From the OP's post:

"they were freezing all of my money for this bogus debt!!!! "  How is it bogus, or a Ripoff?  Sounds more like the company was Ripped Off.  And you're right, something was unethical, the one who owes the debt.  Man up and get it paid off.
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