Asset Acceptance in Warren is issuing a wage garnishment..Help! Warren Michigan

Many states are now requiring that employers report new hires (and in some states, existing hires!) to them on a regular basis, all in the guise of finding deadbeat dads (and moms too I guess). So once the state has it on a database somewhere, you can bet that someone else has a way of getting it as well. Once the info is in the state's computer, it's practically public record at that point because of open records laws. And all they would need is your name and name/address of the employer. That's all.

"Think about this. The only way they could know where you worked is if you told them!"
THERE ARE PLENTY OF WAYS A COLLECTOR CAN FIND A PLACE OF EMPLOYMENT. ITS LISTED ON MOST PEOPLES CREDIT REPORT & THERE ARE PLENY OF DATA BASES THAT OFFER THAT INFO. STUDENT LOAN COLLECTORS EVEN HAVE ACCESS TO DOE DATA BASE THAT UPLOADS NEW HIRE INFO FROM THE IRS SYSTEM QUARTERLY. THE ONLY WAY TO KILL THE COLLECTION INDUSTRY IS TO LIVE WITHIN OUR MEANS OR AT LEAST USE CREDIT RESPONSIBLY. REMEMBER THIS; AS THE ECONOMY GETS WORSE, CREDITORS BECOME MORE SUIT HAPPY!

Matt,

NEVER speak yo any third party debt collector on the phone!!!

This was the root of all of your problems. STAY OFF THE PHONE!!!

Think about this. The only way they could know where you worked is if you told them!

And, they cannot garnish your wages without FIRST suing you and winning.
Did they sue you? Did they win?

And, why would you even think about paying them extra on top of the garnishment? Each state has a maximum % for garnishment. That's it. Thats all they can get.

What you want to do RIGHT AWAY is go to the court in your jurisdiction and get every piece of paper on your case. Pay particular attention to the "proof of service" document. I bet they used a very old or totally bogus address knowing that you would not respond, and then they move for the quick default judgement.

Also go to your payroll dept and ask for a copy of the garnishment order from the court.

Keep in mind that Asset Acceptance and many other bottomfeeders fabricate documents on a regular basis.

That is why we call them bottomfeeders.

Most court cases do not involve mailing things, especially in the beginning of the case. So it's possible not to get a mailing, and it actually won't be from the court (other than small claims generally).

Also, you don't have to sign for service. Process servers can identify the person and even drop documents at someone's feet, but each state & court's procedures on proper service will vary. But you need to check the court files first to see how they served you. Perhaps your jurisdiction allows for substitute service by publishing, which is bad, because I doubt a judge will overturn a default judgment.

Apparently you have a default judgment against you. Call both your local court, and the 33rd District Court of Michigan in Wayne County here in MI and see if they have any record of a judgment. Get a copy of the Summons and Complaint, the Judgment itself and any Writs of Garnishment.

Call an attorney to verify your state and local laws and what papers you need to file with the court to ask them to overrule the judgment. Not sure of your state's exact procedure, but up here, you have to give a good explanation why you didn't show (Never got it? Ask the court if they have a signature of who signed for it- if it's not you or your signature has been forged, contact attorney immediately and determine if there has been fraud committed), and what your defense is (See below).

Let me guess, the only papers attached to the Complaint and Summons are a measly "affidavit" that was submitted without the "business records" the employee who signed it attests to attached and their sorry invoice. If they were filed in Michigan, Civil Code dictates that any documents mentioned in an affidavit must be sworn and attached. From the research I've done, any creditor must produce the original signed contract signed with creditor, a letter of sale or assignment, and an itemized account statement/payment history from original account in order for you to legally owe them anything. (Precedented in cases Fields V. Wilbur Lawfirm and Asset Acceptance LLC v. Rodney Lemon). Contact an attorney to verify your state and local laws, too, and ask if they can offer you any guidance.

There are several established cases against Asset, and it seems as though the consumers are winning. Asset has a very unfavorable rating with every consumer website I've seen them on. Also check out http://www.budhibbs.com He's a nationally known consumer advocate and Asset Acceptance ranks in his top 10 WORST collection companies!

If you win, you can ask for all of your monies back. If there was fraud committed during service of the summons, BIG trouble for them...

Apparently you have a default judgment against you. Call both your local court, and the 33rd District Court of Michigan in Wayne County here in MI and see if they have any record of a judgment. Get a copy of the Summons and Complaint, the Judgment itself and any Writs of Garnishment.

Call an attorney to verify your state and local laws and what papers you need to file with the court to ask them to overrule the judgment. Not sure of your state's exact procedure, but up here, you have to give a good explanation why you didn't show (Never got it? Ask the court if they have a signature of who signed for it- if it's not you or your signature has been forged, contact attorney immediately and determine if there has been fraud committed), and what your defense is (See below).

Let me guess, the only papers attached to the Complaint and Summons are a measly "affidavit" that was submitted without the "business records" the employee who signed it attests to attached and their sorry invoice. If they were filed in Michigan, Civil Code dictates that any documents mentioned in an affidavit must be sworn and attached. From the research I've done, any creditor must produce the original signed contract signed with creditor, a letter of sale or assignment, and an itemized account statement/payment history from original account in order for you to legally owe them anything. (Precedented in cases Fields V. Wilbur Lawfirm and Asset Acceptance LLC v. Rodney Lemon). Contact an attorney to verify your state and local laws, too, and ask if they can offer you any guidance.

There are several established cases against Asset, and it seems as though the consumers are winning. Asset has a very unfavorable rating with every consumer website I've seen them on. Also check out http://www.budhibbs.com He's a nationally known consumer advocate and Asset Acceptance ranks in his top 10 WORST collection companies!

If you win, you can ask for all of your monies back. If there was fraud committed during service of the summons, BIG trouble for them...

Apparently you have a default judgment against you. Call both your local court, and the 33rd District Court of Michigan in Wayne County here in MI and see if they have any record of a judgment. Get a copy of the Summons and Complaint, the Judgment itself and any Writs of Garnishment.

Call an attorney to verify your state and local laws and what papers you need to file with the court to ask them to overrule the judgment. Not sure of your state's exact procedure, but up here, you have to give a good explanation why you didn't show (Never got it? Ask the court if they have a signature of who signed for it- if it's not you or your signature has been forged, contact attorney immediately and determine if there has been fraud committed), and what your defense is (See below).

Let me guess, the only papers attached to the Complaint and Summons are a measly "affidavit" that was submitted without the "business records" the employee who signed it attests to attached and their sorry invoice. If they were filed in Michigan, Civil Code dictates that any documents mentioned in an affidavit must be sworn and attached. From the research I've done, any creditor must produce the original signed contract signed with creditor, a letter of sale or assignment, and an itemized account statement/payment history from original account in order for you to legally owe them anything. (Precedented in cases Fields V. Wilbur Lawfirm and Asset Acceptance LLC v. Rodney Lemon). Contact an attorney to verify your state and local laws, too, and ask if they can offer you any guidance.

There are several established cases against Asset, and it seems as though the consumers are winning. Asset has a very unfavorable rating with every consumer website I've seen them on. Also check out http://www.budhibbs.com He's a nationally known consumer advocate and Asset Acceptance ranks in his top 10 WORST collection companies!

If you win, you can ask for all of your monies back. If there was fraud committed during service of the summons, BIG trouble for them...

And they do file bogus court papers and never serve court summons corrrectly, they claim they do - but usually you can find the lies.

you need legal assistance - you can find it here
www.naca.net The attorney's listed here KNOW debt collection laws and some will work on contingency. Not all attorney's know debt collection law and you need one that can fight back for you.

Another EXCELLENT SOURCE is www.budhibbs.com.

A consumer advocate website that specializes in debt collections
You can read what they have posted here on Asset Acceptance and the laws they break.
Collection Agencies do not want you to know about this site because they expose all the ILLEGAL tricks that they use to steal money from you.

Sorry to hear about your experience with Asset Acceptance.

Asset Acceptance is probably one of the biggest consumer rip off companies right now taking advantage of people.

They will do whatever they can to get peoples money.

Asset Acceptance violates every Federal Consumer Protection law there is.

My advice, if you can afford a attorney hire one to get Asset Acceptance off your back.

If you cannot afford one check in your area for a consumer credit help agency that gives free advice and help for matters like this.

What Asset Acceptance does to people is illegal.

you have consumer rights and Federal Consumer laws to protect you from places like Assset Acceptance.

Each state has statue of limitations on how long a bill or account can be collected on. You can do a search on the internet for "statue of limitations for debts" etc. and it should pull up some sites that will give you info on each states laws concerning how long a debt can be collected on legally.

Just because Asset Acceptance says you owe some money does not mean they can still legally collect on that debt. Asset Acceptance will try and collect money on old outdated debts even though it is illegal to do so.

Do not pay Asset Acceptance with your checking or bank account. If you pay anything at all do it by money order sent by Certified Mail with a return receipt sent back to you showing the date that Asset Acceptance received your letter.

Do not let Asset Acceptance tell you on the phone that you have to pay by check or bank account, they want you to do that so they have your banking info and whenever they feel like doing so can taking money out of your bank account without you knowing it.

If they are taking money from your wages at work Asset Acceptance has to go thru a legal court system and give you time to respond to the court.

If you did not receive anything in the mail from your local court system then what Asset Acceptance is doing to you is illegal.

You first should of gotten a notice in the mail thru the court system advising you of the notice that Asset Acceptance filed on you and then you would have so many days to respond back to the court system. If you offer to make payments to the company they Asset Acceptance has to accept that offer from you, they have to give you a chance to settle the matter before they can legally take money from your wages.

If you did not receive a court notice on what is going on before Asset Acceptance started taking money from your wages they you can fight it.

Do a search on the internet for Federal Consumer Protection laws to get a idea of what the laws are that are meant to protect you from places like Asset Acceptance