Asset Acceptance Forced into unwanted bankruptcy by Asset Acceptance. Warren, Michigan

Hi. Actually I think they DO want to go to court. Otherwise it doesn't make sense that they even filed. They know my income and assets are exempt. So it has to be about the other creditors. They will now set off a chain reaction as the others will be aware of their lawsuit and know what they're trying to do and as a previous poster said, "jump on the bandwagon".

This case will definitely go to trial. I am waiting for just one more piece of info to arrive before I file my answer. If I lose, I will appeal and if that doesn't work what happens next depends on the other creditors. If they keep accepting my payments they will continue to get them - I'll just have to pay them by money order. So there is no sense in even talking to Asset until I see all the fallout from what they started. It wasn't necessary to haul me into court and try to force me to make a payment. All they have done is create an adversary relationship, and even if I were making payments they could still file suit against me, they do it to people all the time. Bottom line, I don't trust them. Talking to them on the phone will be all about entrapment now, trying to get me to say something they can use.

Thanks for your input, I appreciate it.

They can "dictate" their payment terms all they want but if the person doesn't have it, they can't pay it. Filing a lawsuit won't change that.

- You seem to be under the impression that you can "dictate" what you want to pay, and the creditors must accept it.  The fact is you can't.  If they get a judgment they can, and have every legal right to, take further action.  Depending on your state this could include Wage Garnishment, Attaching of your accounts, or placing liens on any real property(such as a house) you may own. 

Creditors hear the "I am going to file bankruptcy" every day by people who think it will keep them from collecting, when they have no intention of filing bankruptcy.  Creditors know this so it is NOT a threat to them.

You seem to be under the impression that AA is causing all of this.  If you go to court with this attitude the only thing you are going to get, in addition to a judgment, is a nice 30-60 minute lecture from the judge.  You need an AA(Attitude Adjustment).  You are in this situation because YOU failed to meet your obligations.  The reason really doesn't matter because no one held a gun to your head to borrow the money in the first place.  If this suit causes you to file Bankruptcy, then it was just a matter of time before you were going to have to file anyways..suit or not.  Also, don't be surprised if the other creditors jump on the "Lawsuit bandwagon" in the near future.

I would suggest that you get an attorney to file your answer.  But keep in mind that if the debt is yours, it is within the Statute of Limitations, and they can show you owe it.  You are probably not going to get out of this...short of filing Bankruptcy.  The best you could hope for is in court take proof of all of your expenses and income.  They care about the necessities such as Shelter, Food, Transportation.  They DON'T care about other creditors or how fair you are trying to be.  Perhaps the judge can come up with a payment schedule acceptable to both parties.

Good Luck

" Filing a lawsuit won't change that. "

  That only works if you don't plan to have a job or a bank account for the forseeable future.   As I said above, they're filing suit so they can go after paychecks and bank accounts directly.   They'll get paid before the other creditors do.

You can stop them in their tracks depending on how much you owe.  It is not hard to file an answer as a pro per. 

They most likely do not want to go to court, it costs them more money and like you know if in the end they win they still lose if you file BK.  However, because most people do not know how to file the answer they will win and then use the court for writs to get your wages, bank accounts and assets.  So if you fail to answer they will win a default judgement and then add to the debt with filing fees, etc.

If you need help with Collectors contact me at sourcemaster@juno.com

Thanks for your comments. Actually they don't have a judgment yet, I haven't even filed my answer yet. I agree with you about the phone. Big mistake. Spent LOTS of time on the phone with them and it was a complete waste of time. Only what was in writing counted. So I won't make that mistake again.

They are the only "fools" though. My other creditors are smarter. They will continue to get their payments while Asset gets nothing. They can "dictate" their payment terms all they want but if the person doesn't have it, they can't pay it. Filing a lawsuit won't change that.

Always respond in writing to all collections attempts by 3rd party debt collectors aka: bottomfeeders.

I say this because in most cases they CANNOT "validate" as required by law and under the FDCPA requirements must then cease collections efforts, including frivolous lawsuits.

They only sued you and got a judgement because you failed to respond properly.

STAY OFF THE PHONE!!!

NEVER deal with any 3rd party debt collector verbally!!

Get EVERYTHING in writing!!!

However, you can still get the last laugh here.

Wait until all bottomfeeders have spent all the time and money possible on collections efforts like lawsuits, etc..NOW GO FILE BANKRUPTCY!!! You win!!

Get the last laugh on these fools!!

Do it now!!

BANKRUPTCY RULES!!

It's your RIGHT under the law.

 ". Whatever you do, don't tell them you are trying to be "fair and equal" to all your creditors! "

   You are the one who didn't pay back the money you owed (apparently to a lot of people).   You do not get to decide the terms of repayment.    It is their right to file suit and obtain a judgement against you.   If you think that's embarrasing, wait til they serve a court order at your place of employment to have your wages garnshed (which is why they filed suit in the first place).

"My lawsuit just appeared in the newspaper and the court even embellished it by adding (after the other info) "..for failure to make payments". "

   How is that an embellishment?   I read your post and it sounds like the simple truth.  Just because they wouldn't agree to repayment on your terms doesn't make that an embellishment.

   Bottom line here is that you have dug yourself a financial hole.  The companies that are trying to get their money back are not the bad guys.   You made financial commitments and didn't keep them.  They see you as the bad guy.