• Report: #1124253

Complaint Review: Asset Acceptance

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  • Submitted: Mon, February 17, 2014
  • Updated: Mon, February 17, 2014

  • Reported By: dianasfern — Corona California
Asset Acceptance
P.O. Box 2036 Warren , Michigan USA

Asset Acceptance Garnishing my wages before my court appearance Warren Michigan

*Author of original report: To clarify

*Consumer Comment: Comments..

*General Comment: here are the facts about the Statute of Limitations on a debt

*General Comment: ummmmm....

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This company is suing me on behalf of Dell.  I called to refute due to California's statute of limitations which is 4 years for a written contract.  Based on what I read, the time begins when I fail to make a payment.  This company argued that the time begins when Dell sent it to them.  I also asked for information on this account and they told me that there was none.  In addition, they are garnishing my wages before my actual court date which is in June.  How is this possible? What can I do?


This report was posted on Ripoff Report on 02/17/2014 03:33 PM and is a permanent record located here: http://www.ripoffreport.com/r/Asset-Acceptance/Warren-Michigan-48090/Asset-Acceptance-Garnishing-my-wages-before-my-court-appearance-Warren-Michigan-1124253. 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:
1Author 3Consumer 0Employee/Owner
Updates & Rebuttals

#1 Author of original report

To clarify

AUTHOR: dianasfern - ()

I am in no way trying to get out of paying my debt.  I have never been in this position and it was not a chosen position. I want to make sure that what they are doing is legal. 

 I have read so many articles about companies, including this one) who are doing illegal things to make money. This company was sued by the FTC. Google it and you will find lots of info about this in the media.

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#2 Consumer Comment

Comments..

AUTHOR: Robert - ()

 To add and bring what the others have said about your issue...first realize that none of this should be considered legal advise and you need to consult a lawyer as they can give you specific details about your specific situation.

But with that said, it is correct you can not have your wages garnished without a court order, if that is happening and you can prove something like forged or fake documents you have a much bigger issue and one that could actually virge on the realm of fraud where the attornies involved could be at the very least disbared.  So while this company is known for let's just say "skirting the law", that is a bit of a stretch.  So you need to know exactly what is going on.

Exactly what are you being sued for in June?  Then exactly what is the court order your employer received to start garnishing your wages?  Are they for the same suit?  Could this be another suit you were unaware of?   There is another possibility that you were reqiured to "answer" the suit within a certain amount of time and you failed to do that.  If that happens they may not have to wait until June and can request a default judgment be entered against you earlier.   This answer is not to the collection agency, it is to the court and the summons you got should have explained it.

As for the Statute of Limitations, in CA you are correct it is 4 years from the date of delinquency.  However the Statute of Limitations can be reset in a case where you make a payment...even $1.  It can also be reset in some cases such as if you ever made a written promise to pay. 

One thing I did notice is that you said you called to dispute it.  First of all you NEVER call a Collection Agency, you only communicate to them through Certified Mail.  Then be careful as to never admit anything such as "yes the debt is mine..but I dispute the amount".  They will take that as proof you owe it.

Again, if you still have any doubts I would consult an attorney. They may charge you a small consultation fee, but if they can get this cleared up for you it may be worth the investment.

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#3 General Comment

here are the facts about the Statute of Limitations on a debt

AUTHOR: MeanSOBBillCollector - ()

 Answer: The statute of limitations clock starts running on the date of last activity on your account. Typically this is the date you last made payment, but it can also be the date you last made payment, a promise to pay, entered a payment agreement, or even acknowledged liability for the debt.   So basically what this means is, if the collection agency contacted you 3 years after the debt was charged off, and you promised to make a payment, then that resets the clock.

They cannot garnish your wages without a COURT ORDER.  So your employer WILL NOT allow them to garnish your wages without one, so the agency MUST have one.  They cannot sneak around that one, nor can they fake one.

My theory is that perhaps this june hearing is the hearing date for you to appear in court to dispute the judgement they may have gotten against you earlier, in which you did not show up in court?

Or perhaps you are mistaking the money coming from your bank account for being garnishment of wages.  Some credit applications signed by the debtor give the creditor the right to go into your bank account to collect payment? Could this be what it is?

Or perhaps more likely , this same collection agency sued you for another  debt from another company, and they received a judgement against you, and are now garnishing your wages.

Either way, YOU OWE THE MONEY, pay your bill, and you wont be crying RIPOFF!!!

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#4 General Comment

ummmmm....

AUTHOR: Tyg - ()

 Maybe PAY THEM WHAT YOU LEGALLY OWE?!?! This is a COMMON problem of the American COnsumer. You THINK you have the law on your side when the reality is a loan is a loan is a loan. Which means they can collect on it anytime as you LEGALLY owe these funds. Pay them and get them out of your life forever. Not hard to figure out. They must have a pretty strong case to make a bold move such as that.

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