Asset Acceptance Taking me to court over a credit card from 1997 my limit was $700 charging me $2000 Warren Michigan

I am being sued by AAC for a debt I had no idea existed. I have filed my answer. and asked for a dismissal, but I did not state for it to be dismissed WITH PREJUDICE.

Can one modify a request for dismissal? Or ask the judge to do it at the hearing?

Again, this debt is over 7 years old. They say I made a payment in 2005, which I have every bank statement for the past 7, and there is nothing on it.

They are also charging 24 percent interest, which is over twice the amount allowed in Florida.

I have asked the to provide documentation of ALL media, including original signed application, all signed reciepts, all statements, and all payments, and proof that they purchased a debt with my name on it from the credit card company. All they supplied in the court document was a one paragraph "bill of sale" from the credit card company, signed by the VP of Marketing, with no mention of names or account numbers.

Why would a VP of Marketing sign a bill of sale?

Several people have asked for this so-called "blueprint" after Joe offered to help anyone in Ohio. I don't see any response from him after you (or anyone else, for that matter) asked for it. All I see is a court docket that he copied & pasted - this does not constitute a "blueprint". My guess would be that he did none of this work himself ... especially since he is under the impression that he won his case. All Asset has to do is file a new complaint against him. You would be much better off retaining legal counsel. Good Luck to you.

P,

These numbers can be, and usually are different.

The default amount is the amount you owed when you first defaulted. And also the date of first default is what sets your interest rate to the highest rate allowed, known as the "default rate".

The charge off amount is the actual amount of the default PLUS all accrued interest at the default rate and fees at the 180 day mark past the first date of default.

At this point, they cannot charge the default rate any longer. They can only charge the highest rate as the law allows, which is somewhere in that 6-8% range I quoted. This interest can run indefinitely, or until the debt passes SOL in your state.

Remember, you are dealing with extreme lowlife here, and these lowlife bottomfeeders will tell you anything to separate you from your money. That is why you NEVER speak to any collector on the phone!

They can charge the default interest rate until the date of charge off, then they can charge interest on the charged off amount as long as the debt is collectable under SOL. That rate is set by federal law, and last I checked it was 6 or 8%.

>> Isn't the charge off amount and default amount always the same? How could it be different? So the credit card company could have charged the amount of 30% if they wanted to until charge off. Then when they charged it off the Feds say the interest rate drops to a normal 6-8% ....

Very interesting

They can charge the default interest rate until the date of charge off, then they can charge interest on the charged off amount as long as the debt is collectable under SOL. That rate is set by federal law, and last I checked it was 6 or 8%.

J - Lakewood, Ohio

From my understanding and by some of the case laws i've read, the default starts at the time of the breech.
>> Let's define "breech" ... for instance, the debtor is in default by 170 days, then pays partial or all of the past due .... then proceeds to perform this "dance" of falling late then bring current or NEAR CURRENT .... how do they figure the date then? the absolute last payment?

So using the 180 day rule, if the date a collection letter states that it was "acquired" either by purchase or by "assignment" in March, the actual DEFAULT had to be 180 days PRIOR to thus making the real "default" in January, correct? So if money was paid AFTER the alleged DEFAULT in January to the orignal creditor shouldn't that have reset the SOL to the last payment date?

In court you should always argue the date that is best for you, cause you know them collection lawyers will do it.
>> If the debtor did not or could not USE the card for extended period of time (some of the posts I read (albeit older) made reference to this situation) either by choice or because the credit card company actually suspended the account or terminated the account .. how would they argue this point that the last ability of the card holder to USE the card was withdrawn by the credit card company thereby making THAT DATE the true DEFAULT DATE? (does that make sense?)

I see where posters have things obviously out of SOL being beaten down by these collection agencies for accounts that have been long closed either by the poster or by the credit card companies.) Would the defense be that the credit card company (if that is the suspended privileges) rendering the card useless but continued to tack on whopping charges. Citibank and Chase come to mind in this instance.

As I recall (and stop me if I am wrong) this is what happened to the one fellow who testified to Congress against Chase. The card was cancelled apparently by Chase - then raised the interest rate to an ungodly amount to where the fellow absolutely had to choice other than say I quit, charged him overages and late fees, monthly after the suspension / termination of the card, etc. Chase said they stopped the practice as did Citibank ..... By the way, do you know if he actually filed suit against Chase or did he just say his piece and Chase wrote it off?


From what I read and watched in different courts is if your pro-se, the court will most of the time use what ever date the plaintiff has, unless you can show otherwise and back it up with case laws and documention.

I saw one state judge use the charge off date, saw others from the same court house use the date at the time of default so to answer that question I can't, but i do know that the date the debt was placed with the collection agency, which lawyers will sometime use, especially if you don't have a basic understanding of what going on, use that date and the court will not step in on your behalf, is not a date the lawyer can use for any reason, except to say we been trying to collect this debt an X amount of day before we filed suit.
>> And if the courts can't provide continuity to how they decide something how are consumers .. : (

Man, I am getting too old for this!

I admit what your asking is very confusing.

From my understanding and by some of the case laws i've read, the default starts at the time of the breech.

Now to add to that confusion, a credit company have up to 180 days after the default to charge off the debt, that by law.

In court you should always argue the date that is best for you, cause you know them collection lawyers will do it.

From what I read and watched in different courts is if your pro-se, the court will most of the time use what ever date the plaintiff has, unless you can show otherwise and back it up with case laws and documention. I saw one state judge use the charge off date,
saw others from the same court house use the date at the time of default so to answer that question I can't, but i do know that the date the debt was placed with the collection agency, which lawyers will sometime use, especially if you don't have a basic understanding of what going on, use that date and the court will not step in on your behalf, is not a date the lawyer can use for any reason, except to say we been trying to collect this debt an X amount of day before we filed suit.

Date placed with the collection ageny is just that it has nothing to do with the time of default or effect the statute of limition, but if your not aware that this date is nothing, you can bet it will be used.

Kristina - South Boardman, Michigan

My credit card interest rate was 12% if I defaulted on the payments, which is what Asset Acceptance charges. They aren't supposed to continue charging interest after the account is placed for collection, but they do. I would contact Asset and get original transcripts for the account in question.

Also, contact the original company that the account was held with to compare records to make sure they match. They have to provide this information, otherwise there is no way to prove that this debt is valid.

>> Is that the original creditor is NOT suppose to continue interest or the collection agency. I thought some states allowed the collection agency to tack on fees but I have not seen any links to sites that state the maximums they are allowed to receive (I don't believe texas is one of the them.)

Also - general question because I see the issue of re-aging addressed in this post (I have read conflicting statements so please excuse my stupidity here) .... If a credit card company (open account) CANCELS / SUSPENDS the card from the individual can the credit card company still be charging the individual interest, increase interest fees, accruing late fees and all the other goodies? If the individual continues to make make payments until they say enough is enough and it gets turned over to collections or sold, which is date generally accepted as the SOL date? The date the credit card was cancelled by the credit card company, the last payment date by the debtor, or the date the credit card company hands it over to collections or sells it?

If the statute of limitation has expired in N.C. before you move to Ohio, then the debt is outside the statute of limitation for Ohio too.

ORC. 2305.05 bars any action being taken in Ohio, if the statute of limitation has expired from any other state.

Collection lawyers here in ohio will try to get it under ohio law, because of the 15 years, but if you show that this was expired before moving the court must dismiss or it will be reversed on appeal, Most inportant is you must have it on record in court or the appeal court will not hear it.

I have been dealing with this company for years. They have been coming after me for a credit card I had when I was 18. I've received four or five certified letters notifying me that I have a courtdate because they were suing me, and every time I receive another letter saying that it has been dismissed.

Don't let this fool you, however, your debt is still valid in their eyes. They will continue in the attempts to sue you for the balance "owed". They will charge you interest every single day according to the original contract you signed with the company they are collecting for.

My credit card interest rate was 12% if I defaulted on the payments, which is what Asset Acceptance charges. They aren't supposed to continue charging interest after the account is placed for collection, but they do. I would contact Asset and get original transcripts for the account in question.

Also, contact the original company that the account was held with to compare records to make sure they match. They have to provide this information, otherwise there is no way to prove that this debt is valid.

Joe - you said that you have a blueprint and are willing to help anyone that is up against AAC. Well I have just recently received notice (from soliciting attorneys) that I have a civil suit against me from AAC although I have not been served with any papers as of late.

I would like to get an attorney for assistance as I am willing to pay one, but it seems that everyone that I speak with just wants to be a mediator and get paid for getting me a discount on my old 7 1/2 year old debt, which has basically already been offered by the collection agency themselves. Can you help or not? Need some way of contacting you via email or something if you can.

I also wanted to know:

If I have lived in NC all my life where any and all non paid debt I have was orginated and the statute of limitations are oral agreements 3 years, written agreements 3 years, promissary notes 5 years and open ended agreements 3 years and I now have lived in Ohio for only 1 year with not credit established at all (where a civil suit for credit card debt that is 7 1/2 years old has been started against me) where the statute of limitations are oral 6, written 15, promissary 15 and open ended is stated with a -. Which state applies? I can assume if they choose written agreements and that was done in NC, the courts would have to accept NC which is 3 years and if it is verbal then it is 6 for Ohio and 3 for NC which is would leave them with no case unless they choose open ended and in Ohio I don't know what no answer or - means. Does this mean infinity for open ended SOL in Ohio?

Thanks for any help!

Scott
Dayton, Ohio
USA

Thanks for the info. However, I already know the answers to the questions I asked Joe. I was just curious to see if (and how) he was going to respond. Motin practice isn't as easy as he makes it out to be.

It's a lot of hard work, and it involves hours of tedious research. If his case is dismissed without prejudice, Asset can still go after him, so he hasn't won yet! All they have to do is file a new Complaint. And as far as Asset owing him money ... it's up to him to collect. The Court is not going to do that for him. I wonder how easy that will be.

What is this "blueprint" that he talks about? All I see is a court docket with some journal entries.

6985 miller rd. (corp office)asset acceptance
warren, michigan

7177 miller rd
warren michign

7027 miller rd.
warren, michigan

10500 heritage st
san antonio texas

28405 van d**e ave
warren michigan

563 lake kathy drive
brandon, florida

9940 franklin sq. dr.
baltimore maryland

48325 alpha dr.
wixom, michigan

9801 south 51 st.
phoenix, az

600 safeguard plaza
brooklyn hights, ohio

They also lease property from alegis group l.p. and sherman financial group

sorry I don't have the zip codes,

next time one of these collectors give you lip, show up and introduce yourself. and now that you have a address without the po boxes, it should be easier for you to file your claims in court

look up ohio civil rules: 10, 11, 12 and 10(d), this should answer your questions for you.

If your going pro-se, in Ohio some judges, will allow a minor procedure error. most don't they look down upon pro-se as a waste of the courts time.

Most judges really don't know the FDCPA or that a debt stop being a debt, when it was charged off and a collection agency purchased it for pennies on the dollar. and are using the court to collect on an investment.

It is up to you to get this and any other defence, you have to the court. you must educate the court

collection agency generally win by default, or the improper use of the sworn affidavit of account.

An attorney can,t testify, they can only argue the law, place items into evidences, ask question of witnesses, they can't argue to the truthfulness, to these affidavits of accounts, they need a real live witness for that.

There are expections to the hearsay rule, and if your going to trial, it would be wise to learn those

look up ohio civil rules: 10, 11, 12 and 10(d), this should answer your questions for you.

If your going pro-se, in Ohio some judges, will allow a minor procedure error. most don't they look down upon pro-se as a waste of the courts time.

Most judges really don't know the FDCPA or that a debt stop being a debt, when it was charged off and a collection agency purchased it for pennies on the dollar. and are using the court to collect on an investment.

It is up to you to get this and any other defence, you have to the court. you must educate the court

collection agency generally win by default, or the improper use of the sworn affidavit of account.

An attorney can,t testify, they can only argue the law, place items into evidences, ask question of witnesses, they can't argue to the truthfulness, to these affidavits of accounts, they need a real live witness for that.

There are expections to the hearsay rule, and if your going to trial, it would be wise to learn those

look up ohio civil rules: 10, 11, 12 and 10(d), this should answer your questions for you.

If your going pro-se, in Ohio some judges, will allow a minor procedure error. most don't they look down upon pro-se as a waste of the courts time.

Most judges really don't know the FDCPA or that a debt stop being a debt, when it was charged off and a collection agency purchased it for pennies on the dollar. and are using the court to collect on an investment.

It is up to you to get this and any other defence, you have to the court. you must educate the court

collection agency generally win by default, or the improper use of the sworn affidavit of account.

An attorney can,t testify, they can only argue the law, place items into evidences, ask question of witnesses, they can't argue to the truthfulness, to these affidavits of accounts, they need a real live witness for that.

There are expections to the hearsay rule, and if your going to trial, it would be wise to learn those

look up ohio civil rules: 10, 11, 12 and 10(d), this should answer your questions for you.

If your going pro-se, in Ohio some judges, will allow a minor procedure error. most don't they look down upon pro-se as a waste of the courts time.

Most judges really don't know the FDCPA or that a debt stop being a debt, when it was charged off and a collection agency purchased it for pennies on the dollar. and are using the court to collect on an investment.

It is up to you to get this and any other defence, you have to the court. you must educate the court

collection agency generally win by default, or the improper use of the sworn affidavit of account.

An attorney can,t testify, they can only argue the law, place items into evidences, ask question of witnesses, they can't argue to the truthfulness, to these affidavits of accounts, they need a real live witness for that.

There are expections to the hearsay rule, and if your going to trial, it would be wise to learn those

Joe -
Based on the journal entries you have posted, you seem to have a lot of knowledge with regard to motion practice. One big mistake though - You removed your name from the docket but their are "identifiers" contained within these entries that can link this information to your particular case. Not real bright. You also mention that you "have the blueprint to beat them" and that if anybody needs help, especially in Ohio, you will be glad to help. I need help with my motions so I have a few questions for you. Do you have to file the motion with a brief or memorandum, an affidavit and an order each time you file? What substantive & procedural requirements did you follow? And how did you determine the applicable rules of procedure, ethics & evidence? I am having a hard time understanding statutes, authorities, case law etc and when and how to cite them. One last question: Your docket entry says "dismiss w/o prejudice". This means that Asset can go after you again or they can sell your portfolio to another junk debt buyer who will then proceed to collect from you. They could even turn it over to one of their alias companies. What are you going to do if that happens? You already admitted to having knowledge of the account (on here). Anyway, whatever advice you care to share with me and all the others who are having problems with this company, it would be greatly appreciated. Thanks!

08/14/2006
CASE SET FOR A PRE-TRIAL ON 09/06/2006 AT 1:00 PM
P.T. NOTICE MAILED TO ASSET ACCEPTANCE, KIMBERLY KLEMENOK,
& me
09/01/2006
DUE FOR MOTION FOR CONTINUANCE - LC $20.00
DEFT'S MOT/CONTINUE FILED BY FAX
NOTICE OF SERVICE OF DISCOVERY REQUESTS FILED BY PLTF.
DEFENDANT'S MOT/CONTINUE GRANTED. SJ/06/2300
09/05/2006
PAYMENT - RECEIPT NO. 0606755 IN THE AMOUNT OF $ 20.00
09/07/2006
CASE SET FOR A PRE-TRIAL ON 10/18/2006 AT 2:00 PM
CC OF J.E. & HEARING NOTICE MAILED TO KIMBERLY KLEMENOK &
me
09/12/2006
DEFENDANT'S "NOTICE OF DISCREPANCIES IN PLAINTIFF'S DISCOVERY REQUESTS" FILED
09/25/2006
DEFENDANT'S COMBINED INTERROGATORIES, REQUEST FOR
PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSION FILED DEFENDANT'S RESPONSES AND OBJECTIONS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS FILED
09/29/2006
DEFENDANT'S FIRST SUPPLEMENTAL RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS FILED 10/17/2006
NOTICE OF SERVICE OF PLAINTIFF'S RESPONSES TO DEFENDANT'S COMBINED INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS AND REQUEST FOR ADMISSIONS FILED 10/18/2006
MOTION FILED - LC $20.00
PAYMENT - RECEIPT NO. 0608081 IN THE AMOUNT OF $ 20.00
10/27/2006
CASE SET FOR A RULING ONLY ON 11/22/2006 AT 8:15 AM CASE SET FOR A TRIAL ON 02/14/2007 AT 1:00 PM
HEARING NOTICE SENT TO ASSET ACCEPTANCE, KIMBERLY KLEMENOK AND me
11/13/2006
PLAINTIFF'S RESPONSE TO DEFT'S MOTION TO DISMISS FILED 11/21/2006
DEF'S. RESPONSE TO PLTF'S. MEMORANDUM IN OPPOSITION TO DEF'S. MOTION TO DISMISS FILED.
11/22/2006
MAGISTRATE'S ORDER: UPON COURT'S OWN MOTION, HEARING CONTINUED UNTIL 12/20/06 @ 10:15AM. SJ/06/3078 ADDENDUM TO DEF'S. RESPONSE TO PLTF'S. MEMORANDUM IN OPPOSITON TO DEF'S. MOT/DISMISS FILED. 11/28/2006
CASE SET FOR A RULING ONLY ON 12/20/2006 AT 10:15 AM CC OF ORDER MAILED TO KIMBERLY KLEMENOK & me 12/11/2006
MOTION FOR CONTINUANCE - LC $20.00
MOTION/COMPEL FILED - LC $20.00
12/12/2006
DEFENDANT'S MOTION TO CONTINUE GRANTED. SJ/06/3268 AJ
DEFENDANT'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ANSWERS TO INTERROGATORIES GRANTED. SJ/06/3269 AJ 12/13/2006
CASE SET FOR A MOTION HEARING ON 01/17/2007 AT 10:45 AM (MOTION TO DISMISS); HEARING NOTICE SENT TO ASSET ACCEPTANCE, KIMBERLY KLEMENOK AND me CC OF BOTH J.E.S SENT TO KIMBERLY KLEMENOK AND me 12/14/2006
PAYMENT - RECEIPT NO. 0609725 IN THE AMOUNT OF $ 40.00
01/16/2007
REC'D NOTICE FROM PLTF ATTY THAT CASE IS SETTLED
01/17/2007 MAGISTRATE'S ORDER: CASE SETTLED. PARTIES TO FILE AN ENTRY WITH THE COURT NO LATER THAN 2/18/07 OR THIS CASE WILL BE DISMISSED W/O PREJUDICE FOR FAILURE TO PROSECUTE.
SJ 07-155.
01/18/2007
COPY OF J.E. MAILED TO K. KLEMENOK AND me 01/22/2007
DEFENDANT'S SECOND MOTION/DISMISS FILED.
01/26/2007
MOTION/DISMISS FILED - LC $20.00
PAYMENT - RECEIPT NO. 0700814 IN THE AMOUNT OF $ 20

Steve says never talk to them over the phone. I certified every document i sent through the mail. What they want you do is not respond to there letters.Or show up for court dates it's all a scare tactic to get you to pay. I have the offical docket of the court I went to and all the step by step things that happend.

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Joe, You said you have the blueprints on how to fight Asset Acceptance. Tonight, 1/24/07, I received a call from them saying my fiance owes $11,803.28 from a credit card that was opened Feb 1994 & last paid on July 2003. Although I live in TX I would still like some insight on your experience.

I have the blue print to beat them I saved every document, motion I faxed or that they sent me. I only met one of there attorneys he was a tool. anybody needs help I will be glad to help them especially from Ohio.

If you go to budhibbs.com another consumer advocate agency, you will find extensive information including names of principles in the company, DBA's AND a sample letter they send out ..

here is a partial cut and paste from buds site....

Agency Details
LVNV Funding, LLC,
DBA/ Resurgent Capital Services, LP
Dba/ Alegis Group, LLC
Aka/ Sherman Financial Group, LLC
Fka/ Sherman Acquisitions
Aka/Ventus Capital Services
Aka/Performance Recovery Group
Aka/Receivables Management Solutions?
Address 260 E. Wentworth Ave,
West St. Paul, MN, 55118.
PH: 651-457-1130 & 800.299.8302.


SUE ARGENTIERI IS A LIAR!
DOCUMENT SIGNOR LIES ON
AFFIDAVITS, COMMITS PERJURY?
(SEE BELOW)

Addresses:
Bank of America Building
200 Meeting St., Suite #206
Charleston, SC 29401-3187

15 South Main Street, #600
Greenville, SC 29601

Phone: 888-665-0374-864-678-8421
877-264-5884

Fax: 888-546-7697- 864-370-4998

(Phones ring at Resurgent Capital, Greenville, SC)

Websites:

http://www.lvnvfunding.com/
http://www.rcap.com/
http://www.resurgent.com/

(Some) Head Debt Collectors:

Kevin Branigan, Charleston, SC, Officer
Leslie Gutierre, Charleston, SC, Officer
Scott Silver, Charleston, SC, Officer
(more to come)

Bud Says

CONSUMER ALERT: SUE ARGENTIERI IS A LIAR!
ANYONE RECEIVING COURT PAPERS THAT INCLUDE AFFIDAVITS BY SUE ARGENTIERI ARE WARNED THAT HER AFFIDAVITS MAY BE FALSE, BOGUS, FULL OF HEARSAY AND PERJURY. SUE CLAIMS TO HAVE KNOWLEDGE ON ACCOUNTS BY STATING THAT SHE HAS CARE CUSTODY AND CONTROL OF ALL RECORDS CONCERNING ACCOUNT OF

SUE ARGENTIERI IS A LIAR!

SHE IS EMPLOYED BY LVNV FUNDING WHO ACQUIRED THE ACCOUNT AFTER CHARGE OFF, HER STATEMENTS ARE HEARSAY AND BLATANTLY FALSE, YET THEY ARE PLEAD AS TRUE IN COURT FILINGS. THIS IS JUST ANOTHER EXAMPLE OF BOTTOM FEEDERS LYING AND USING THE COURTS TO EXTORT MONIES THEY ARE NOT ENTITLED TO. SUE ARGENTIERI SHOULD FACE CRIMINAL PROSECUTION FOR LYING ON COURT PAPERS, SHE BELONGS IN JAIL. CONTACT US FOR REFERRAL AND ASSISTANCE IF YOU RECEIVE ANY OF HER DOCUMENTS.

To see how these organizations are structured go to: (((link redacted))) (excellent information)

All of these bottom-feeders started from the same mold, Sherman/Alegis out of Houston was originally started by Frank S. Russo, Tony M. Ettinger, Thomas E. Upton, Samuel Bergman and Richard Dunn all of Houston, Texas. They purchased old debts for pennies, and then set up collection agencies to collect on them at inflated prices.

As with most bottom-feeders, they have had to resort to placing all accounts on consumer credit reports, inflate the balances and demand settlements. Alegis became Sherman, which became LVNV and now Resurgent and Ventus are all in the bottom-feeder business. They do file lawsuits, most with bogus affidavits and pleadings.

They use under-educated employees such as Allison Moon B. Moon of Greenville, SC to sign affidavits where she lies about the authenticity of accounts (see Allison Moon is a Liar' below) in their attempts to give credibility to their bogus pleadings. The problem with liars like Allison B. Moon is she makes statements that are known to be false. Her swearing is nothing more than hearsay and an attempt to defraud consumers out of monies they may not legally owe, not to mention the fraud she and her organizations bring into the courts.

Consumers dealing with these bogus filings and affidavits are urged to challenge their validity in order to avoid becoming another victim to their scam and being ripped off.

You are further urged to go after these bottom-feeders for the lies they place on your credit reports. Under provisions of the federal law, the Fair Credit Reporting Act (FCRA) any item placed upon your credit bureau reports MUST be accurate.'

In my experience, I doubt anything placed by a bottom-feeder could ever meet the legitimacy of that test. Consumers are urged to dispute any LVNV, Sherman, Alegis, Resurgent, Ventus account with the credit bureaus and make demand upon the organizations and their owners to abide by the law. They receive a fat check to lie about things that cause you misery, higher interest rates, credit denials and in most cases, don't have the required documentation that would meet the definition of accurate.'

All of these owners, board members, attorneys and employees can and should be held strictly responsible when that information does NOT meet the legal definition, as stated by law.

The reason the Allison B. Moons are getting away with this is because no one is going after her. That can easily change if enough consumers decide they are fed up at being taken advantage of and strike back at these bogus filings, pleadings and credit bureau placements. There are consumer law professionals at NACA who may be able to assist you if your rights are being violated, go to: (((link redacted))) tell them Bud Hibbs sent you.

The bottom-feeders who prey on unsuspecting consumers are some of the most disgusting liars, con men and thieves you will ever come across. They care nothing about you and the misery they rain down, all they care about is putting your money in their pockets. We need to heed the lessons of ENRON and make sure that Allison B. Moon is held accountable when she breaks the law.

budhibbs.com

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

The local attorney, from ohio what was his name, so other dealing with this collection agency will know. thanks

Asset filed motion to dismiss today. After i won a motion for them to prove the debt existed. Plus I get my money back for filing the motions!! Can I sue them for missing work?? Since I won>>???? Joe

Long story short after I filed a motion to produce documents or interogitories they never retured it I always filed with the court I had a dismiss court apperance today they never showed faxed a letter to the court for dismiss, so it's over they owe me all the money back for my motions I filed.. Asset can be beat to easy

I am dealing with this bottom feeding company right now. If you have info on any ftc sanctions I would love it if you could direct me to it

Now it's time to play the game! And here's a little FYI for you and everyone else out there that has an issue with Asset ... they have been the subject of recent FTC legal actions and penalties for illegal & abusive collection practices, including but not limited to purchasing debts that are outside the SOL for lawsuits. They pressure you for payment of some amount just to bring the debt back into the SOL so that they can sue & win. They are also re-aging accounts and they never validate the debts. Sending you copies of past billing statements is not considered proof. Your court date has been set for pre-trial - you have until 7 days prior to that date to file your paperwork. As a wise man once said "if the plane isn't flying, it's not making any money." Make it work, Joe! Keep me posted.

You've been given some good info with regard to your situation with Asset - I'd like to give you a little more "food for thought". First of all, credit cards and retail revolving accounts are "open end agreements" NOT contracts. The SOL in the State of Ohio is as follows: 6 years for open accounts; 7-25 years for sales contracts; and 15 years for written contracts. In your situation, you mention the year 1997. Based on this info, the SOL has expired and I hope you raised it in your affirmative defenses (you indicate that you filed papers). If you didn't raise it, you lose it.

Now, a little about scavenger debt collectors. In order to initiate a "marriage" with them, all you need to do is complete a Buyer's Questionnaire and Confidentiality Agreement. Once it's received, the information is set up in a database and you are contacted by a sales associate. A limited prospectus will be provided to you that includes the following: balance, last pay date, charge-off date, debt type, issuer, city, state & zip. You will also be given a "generic agreement".

You make no mention of whether or not you requested validation, but I'm going to assume that you did. Did you ever receive anything from Asset? I'm curious as to what they sent you (if they even bothered to respond at all).

Finally, are you aware of a company called "Resurgent Capital Services, LP"? The reason I decided to write to you was because a tenant in my building received a letter from this company and Asset Acceptance LLC was specifically mentioned. She showed the letter to me. It appears as though you have been pre-approved for a credit card for a portion of what you owe on a specific debt. In this case, the credit card was approved for $4000 with a 10% discount of $444.99 if you accepted the offer. In the letter, it states "Asset Acceptance LLC purchased the debt you originally owed to ...". Watch out for this type of mailing. If you receive anything ike this, keep it and present it in Court. If you sign it and return it, you are admitting to owing the debt and you will start the SOL all over again.

Resurgent Capital is owned and controlled by the Sherman Financial Group - a scavenger company that purchases and services all types of debt portfolios. They have also been known to use the names "Sherman Acquisitons LP", "Sherman Acquisitions II, LP", and "Sherman Acquisitions III, LP" in addition to "sleeping" with LVNV Funding LLC, Alegis Group LP, Alegis Corporation, and Ventus Capital Services. According to public record, Sherman owns more bad debt than Asset, but both are ranked high in the scavenger business.

I'd like to know what sections of the Ohio Revised Code you have researched and if you have read the Truth in Lending Act. You may find pertinent sections of this Act helpful.

With all the complaints that are posted on here with regard to Asset, I'm surprised a Class Action hasn't been addressed by anyone. I say go for it ...

Good Luck!
Tess

It is important for anyone using a public forum
like this to be careful not to give enough
information to be identifiable.Collection Agencies
are probably reading these reports.They could use
the information against you.You should be as generic as possible.Do not use your real name or
identify your city.Alter any details that could
help the opposition.Do not give any specifics that could cause you problems.

That said,Joe,what papers did you file? You need to be ready to respond as quickly as possible if
they do not quit.Have your responses typed and
ready to file.

If you file a motion the plaintiff can either agree to it or they can disagree to it.If they
disagree your next court date will be in front of
a judge,who will make a decision on your motion.

A motion is a request for the court to do somthing.

One key is to keep the ball in the opposition's
court.Meaning: Whenever it's your turn to respond you need to respond in a way that puts the burden back on them to do something.You have the home court advantage.They have to travel to meet you.
Their costs rack up much more quickly than yours.

The key formula that they use is:
(Amount sued for) times (chance of winning) minus
(costs) equals (value of case).You need to make them calculate the value of the case to be zero or a negative amount (Loss).You do this by increasing their costs and decreasing their chance of winning.Chance of winning includes their chance of collecting any judgement.

This is not intended to give legal advice to any
person,for any purpose or for any specific matter.
I am not an attorney.

Good Luck.

A "Bill of Particulars" is also called a "Motion for a more definite statement".It means that the plaintiff's claim is so vague that you can't be expected to respond to it and that you need them to clearly and fully explain exactly what their claim is.

If they file a "Bill of Particulars" that you feel is insufficient you could file a "Motion to Strike".Give the reasons
1)All of the plaintiff's pleadings,in their totality,are insufficient to inform the defendant of exactly what their claim is.
2)All of the plaintiff's pleadings fail to present a cause of action,a complaint or a claim for which relief can be granted.
3)The plaintiff's pleadings are vague, unclear and unintelligible.
4)I deny owing any money or anything else to the plaintiff
Therefore I ask that all of the plaintiff's pleadings be stricken and that summary judgement be entered for the defendant or that this case be dismissed with prejudice.
"With Prejudice" means that the plaintiff cannot refile, ever again.

Always show up to every court date. If you can't make it for a good reason you need to file a "Motion for a continuance" and give the reasons.
Be dressed properly and be on time.Always be polite and professional with everyone.If you do not show up Asset will ask for and they will be given a "Default Judgement".They hope and pray that you are too scared to show up so they can automatically win.

If you haven't filed any motions before your initial court date, here is what will happen:
Before court starts,the lawyer for Asset will call out to all people being sued by Asset Acceptance and ask them to go out into the hall.
This is a trick,do not fall for it,do not even acknowledge them,ignore them.They want to get you
alone to try to make you admit that you owe the
money.They will try to get you to agree to a payment plan.They will try to make you sign papers
giving up your rights.

If you thought that you owed them the money you would have already agreed to pay them.You've decided to go to court,that means you don't think you owe the money and that your going to defend yourself.

Here is what to do:
On the wall just outside of the courtroom where your initial hearing will be held will be a list of everyone's name and a number for each person.
Write down your number.Then go into court and wait for the clerk to call up the lawyer representing Asset Acceptance.(The initial hearing is usually in front of a clerk,not a judge.The judge is in the trial room).The clerk will then ask everyone being sued by Asset Acceptance to get in line.Get in that line.It may only be you,because everyone else was either too afraid to show up or got suckered into going into the hall and signing their rights away.When it's your turn the clerk will ask you to say your number and if you agree or disagree that you owe the money.Step forward recite your number and say "I disagree and I request a Bill of Particulars".That's all you have to say.The lawyer will try to get you to give a reason or to discuss it.Do not give any reasons or discuss the case in any way other than to set a trial date.If the lawyer tries to get you to talk about the case just say "I'm not prepared to discuss this".If they continue to try to ask you questions just say "I am not talking to you."Then the clerk will set a date for Asset Acceptance to file a "Bill of Particulars" and for you to file a defense to their claim.The clerk should set the date for you to file a defense that would be about two weeks after the date given to Asset to file their Bill of particulars to give you time to read and understand it.Then the clerk will ask you and Asset's lawyer to agree to a trial date.Agree on a time that's good for you.Asset will probably file for a "Nonsuit" or a Dismissal before the date they have to file a Bill of Particulars.If they don't file by their due date you need to immediately file a Motion to dismiss.

It is very important for you to go to the court house before your court date.That way you will be familiar with everything.How long does it take to get there?Where do I park?Where is the actual room I will be in? The courts are open to the public and anyone can go in any time they want and watch as long as they want.You can watch the exact procedure in the exact room you will be in.
You can even find out when Asset will be there and watch exactly how they operate.While you are there visit the law library and check the laws in your area.When you know what to expect you are much more confident and prepared.See the desk clerk and ask about procedures for filing motions.

Remember,you have the right to due process,including a trial.You have the right to make the plaintiff prove every aspect of their claim.You have the right to subpoena anyone who
they claim has given them relevant information including people from Asset Acceptance and anyone
else from any other company involved.Ask them to provide you a list,with contact information,for everyone that they claim has given them any relevant information or has any relevant information.Imagine 20 people flying in from all over the country just to try to prove their case at trial.They would never do it.Plus they know that they do not have a valid legal claim .
According to the 7th amendment to the U.S CONSTITUTION you could even ask for a jury trial(don't even think about it.)

Remember you are just as powerful as Asset Acceptance.Do not let them dictate to you.Do not let them intimidate,bully or coerce you.Be respectful to them and make them be respectful to you.

Get a copy of "Black's Law Dictionary".It's not cheap but it's cheaper than losing because you didn't know what you were talking about.Also get a copy of a "How to represent yourself in court"
book.

This is not intended to give legal advice to any
person,for any purpose or for any specific matter.
I have no opinion on its legality,validity or
utility for any purpose.I am not a lawyer.It is
important to know the law in your area and apply it to your specific situation.You should consult
a lawyer licensed to do business in your state and in your type of case if you feel that you need legal advice.

This is information that I have seen in various places and I present it here because I thought it was interesting and that others might find it interesting or helpful in some way.

Good luck to anyone being unjustly accused and prosecuted.

Joe,

Here is some more info on Asset Acceptance>>

Agency Details
>>>>>>>>>>
Asset Acceptance Corp.*****
28405 Van d**e Avenue
Warren, Michigan 48092
Phone: (586) 446-7818
Fax: (586) 846-7837
Web Address: www.assetacceptance.com
(Branch offices in Baltimore, San Antonio, Cleveland, & Brandon, FL.)
2840 S. Falkenburg Road, Riverview, FL 33569 (Physical Office in Brandon, FL
>>>>>>>>>>
10500 Highway 281 N. Ste 150
San Antonio, Texas 78216
Phone: (210) 979-3600
Fax: (210) 979-3659
>>>>>>>>>>

Hope this helps

Thanks

well guys I filed all my paperwork today I tried to fax to asset lawyers of course the fax# didn't work.I'll keep you updated like i said i'm due to hear back from the courts soon, thanks for all your help, i'm fighting this until the end. Joe

There's no trial in courtroom A

Collection Agencies never go to trial. They send a lawyer to try to intimidate and trick you.

In most courts there is a courtroom A and B. In one they do all of the procedural stuff like initial court dates and in the other they hold the real trials.Go to your court well before your court date to verify this.Find out which court you'll be in.

Check online or at the court house to find out when Asset will be there.Go and watch them in action.You'll never see them in the trial room.What they want is for you not to show up so they can get a "Default Judgement".

The statute of limitations in Ohio is 6 years.The key is to concede nothing and fight everything.If there was a trial someone from Asset would actually have to show up and not just a lawyer.I am not a lawyer and I can't give legal advice also you have to base your response on your exact situation.You could file a "Motion for a Bill of Particulars". This is considered a responsive pleading.Or you could file a "Motion to Dismiss" listing all of the reasons why the suit should be dismissed.Such as 1) I have never had any type of account, agreement or relationship with asset acceptance. 2)I deny owing any money or anything else to Asset Acceptance.3)The plaintiff has not stated a cause of action.4)The plaintiff has not stated a claim on which relief can be granted.5)The plaintiff has failed to assign specific breaches for which the action is brought.6)The plaintiff has failed to show reasonable cause to bring action.7)The plaintiff has failed to even allege the making of any agreement,the substance of any terms or any breach by the defendant.8)The plaintiff has failed to bring suit in a timely manner and is now barred by the "Statute of Limitations" and the "Doctrine of Laches".
9)I deny all of their allegations

You should file a "Motion to Dismiss" with the court and send a copy to the lawyers representing ASSET well before your first court date.On your first court date the court the court will rule on your motion to dismiss.They will either grant your motion and the case will be dismissed or they will deny your motion and the case will continue.If your motion is denied request a "Bill of Particulars".The Plaintiff (ASSET ACCEPTANCE) will be required to give you a detailed description of their case by a certain date and you will be required to file a defense to their claims.Do not answer any questions that ASSET's lawyer asks you related to the case.Just say "'ll need to see the bill of particulars"If they persist say "I'm not talking to you".Then the court will assign a trial date.Notice that it won't be in the trial room(you may have to see the clerk to see which room you'll be in).Before the date that ASSET has to file a "BILL of Particulars" they'll probably file a "NONSUIT" which means that they are quitting and the suit is over but they can refile within a limited time.
If you don't receive the "Bill of Particulars" by the specified time file a "Motion to Dismiss" and give the reason: Plaintiff has failed to produce a "BILL of PARTICULARS" as ordered by the court.

File this with the court the day after the "BILL of PARTICULARS" is due.Always send a copy of anything filed with the court to ASSET's lawyers the same day by certified mail.

You have to let ASSET ACCEPTANCE and their lawyers know that you are ready to take this all the way to trial.In any contact with ASSET or their lawyers be sure that they know that you are denying all of their claims.Send them a letter requesting the following:
1)A copy of all documentation related to this claim
2)A copy of all evidence you have to support your claim
3)The name and contact information for the person who will represent ASSET ACCEPTANCE at trial.
4)The date you allege that this account was opened and the date of last activity.
5)A full accounting of how you arrived at the amount you are suing for.
6)A full and complete description of exactly what your claim is.
7)Copies of all computer files and the software needed to utilize those files.

Anything filed with the court is referred to as a pleading.In a case involving assignment all of the plaintiff's pleadings have to be signed by their attorneys.If they're not, file a motion to strike asking that the unsigned pleading be stricken.In a case of assignment,you can challenge the original obligation,the assignability and the assignment.In your letter requesting information be sure to address all of these issues.Also add some language like: I have concluded that your claim is baseless, worthless,frivolous and completely and totally without merit.I have absolutly no obligation to you whatsoever.I do not owe you any money or anything else.Even if you had any right previously to bring suit,which I don't believe you had,the time to do so has expired.

If you are going to the initial court date without having filed anything with the court they will ask if you agree or disagree that you owe the money.Say "I disagree and I request a bill of particulars".Then SHUT UP!Do not say anything other than setting the trial date.Don't get into an argument or discussion with the lawyer,you will lose.Do not answer any questions the lawyer asks you.Just say"I'm not prepared to discuss this".If the lawyer continues to try to talk to you, say "I'm not talking to you".Set the trial date and that should be all for the day.Go home and wait for ASSET's lawyers to send you either a "BILL OF PARTICULARS",a notice that they are requesting that the court enter a "Nonsuit" or that they are filing a motion to dismiss.If they don't send you one of these by date that the court has given them to file their "BILL OF PARTICULARS" you need to file a "MOTION TO DISMISS" right away.If they file a "BILL OF PARTICULARS" that you feel is insuffient you need to file a motion requesting a proper "BILL OF PARTICULARS" noting why you feel it was insuffient.

This is not an attempt to give legal advice to anyone for any purpose.It is just some information I have seen in various places and that I thought was interesting and that others would find it interesting too.I do not have an opinion on the legality or validity of this information.It is important to know the law in your jurisdiction.You should contact a lawyer licensed to do business in your state if you feel like you need legal advice.

Good luck to everyone fighting against these diabolical predators.

Remember there's no trial in courtroom A.

There's no trial in courtroom A

Collection Agencies never go to trial. They send a lawyer to try to intimidate and trick you.

In most courts there is a courtroom A and B. In one they do all of the procedural stuff like initial court dates and in the other they hold the real trials.Go to your court well before your court date to verify this.Find out which court you'll be in.

Check online or at the court house to find out when Asset will be there.Go and watch them in action.You'll never see them in the trial room.What they want is for you not to show up so they can get a "Default Judgement".

The statute of limitations in Ohio is 6 years.The key is to concede nothing and fight everything.If there was a trial someone from Asset would actually have to show up and not just a lawyer.I am not a lawyer and I can't give legal advice also you have to base your response on your exact situation.You could file a "Motion for a Bill of Particulars". This is considered a responsive pleading.Or you could file a "Motion to Dismiss" listing all of the reasons why the suit should be dismissed.Such as 1) I have never had any type of account, agreement or relationship with asset acceptance. 2)I deny owing any money or anything else to Asset Acceptance.3)The plaintiff has not stated a cause of action.4)The plaintiff has not stated a claim on which relief can be granted.5)The plaintiff has failed to assign specific breaches for which the action is brought.6)The plaintiff has failed to show reasonable cause to bring action.7)The plaintiff has failed to even allege the making of any agreement,the substance of any terms or any breach by the defendant.8)The plaintiff has failed to bring suit in a timely manner and is now barred by the "Statute of Limitations" and the "Doctrine of Laches".
9)I deny all of their allegations

You should file a "Motion to Dismiss" with the court and send a copy to the lawyers representing ASSET well before your first court date.On your first court date the court the court will rule on your motion to dismiss.They will either grant your motion and the case will be dismissed or they will deny your motion and the case will continue.If your motion is denied request a "Bill of Particulars".The Plaintiff (ASSET ACCEPTANCE) will be required to give you a detailed description of their case by a certain date and you will be required to file a defense to their claims.Do not answer any questions that ASSET's lawyer asks you related to the case.Just say "'ll need to see the bill of particulars"If they persist say "I'm not talking to you".Then the court will assign a trial date.Notice that it won't be in the trial room(you may have to see the clerk to see which room you'll be in).Before the date that ASSET has to file a "BILL of Particulars" they'll probably file a "NONSUIT" which means that they are quitting and the suit is over but they can refile within a limited time.
If you don't receive the "Bill of Particulars" by the specified time file a "Motion to Dismiss" and give the reason: Plaintiff has failed to produce a "BILL of PARTICULARS" as ordered by the court.

File this with the court the day after the "BILL of PARTICULARS" is due.Always send a copy of anything filed with the court to ASSET's lawyers the same day by certified mail.

You have to let ASSET ACCEPTANCE and their lawyers know that you are ready to take this all the way to trial.In any contact with ASSET or their lawyers be sure that they know that you are denying all of their claims.Send them a letter requesting the following:
1)A copy of all documentation related to this claim
2)A copy of all evidence you have to support your claim
3)The name and contact information for the person who will represent ASSET ACCEPTANCE at trial.
4)The date you allege that this account was opened and the date of last activity.
5)A full accounting of how you arrived at the amount you are suing for.
6)A full and complete description of exactly what your claim is.
7)Copies of all computer files and the software needed to utilize those files.

Anything filed with the court is referred to as a pleading.In a case involving assignment all of the plaintiff's pleadings have to be signed by their attorneys.If they're not, file a motion to strike asking that the unsigned pleading be stricken.In a case of assignment,you can challenge the original obligation,the assignability and the assignment.In your letter requesting information be sure to address all of these issues.Also add some language like: I have concluded that your claim is baseless, worthless,frivolous and completely and totally without merit.I have absolutly no obligation to you whatsoever.I do not owe you any money or anything else.Even if you had any right previously to bring suit,which I don't believe you had,the time to do so has expired.

If you are going to the initial court date without having filed anything with the court they will ask if you agree or disagree that you owe the money.Say "I disagree and I request a bill of particulars".Then SHUT UP!Do not say anything other than setting the trial date.Don't get into an argument or discussion with the lawyer,you will lose.Do not answer any questions the lawyer asks you.Just say"I'm not prepared to discuss this".If the lawyer continues to try to talk to you, say "I'm not talking to you".Set the trial date and that should be all for the day.Go home and wait for ASSET's lawyers to send you either a "BILL OF PARTICULARS",a notice that they are requesting that the court enter a "Nonsuit" or that they are filing a motion to dismiss.If they don't send you one of these by date that the court has given them to file their "BILL OF PARTICULARS" you need to file a "MOTION TO DISMISS" right away.If they file a "BILL OF PARTICULARS" that you feel is insuffient you need to file a motion requesting a proper "BILL OF PARTICULARS" noting why you feel it was insuffient.

This is not an attempt to give legal advice to anyone for any purpose.It is just some information I have seen in various places and that I thought was interesting and that others would find it interesting too.I do not have an opinion on the legality or validity of this information.It is important to know the law in your jurisdiction.You should contact a lawyer licensed to do business in your state if you feel like you need legal advice.

Good luck to everyone fighting against these diabolical predators.

Remember there's no trial in courtroom A.

There's no trial in courtroom A

Collection Agencies never go to trial. They send a lawyer to try to intimidate and trick you.

In most courts there is a courtroom A and B. In one they do all of the procedural stuff like initial court dates and in the other they hold the real trials.Go to your court well before your court date to verify this.Find out which court you'll be in.

Check online or at the court house to find out when Asset will be there.Go and watch them in action.You'll never see them in the trial room.What they want is for you not to show up so they can get a "Default Judgement".

The statute of limitations in Ohio is 6 years.The key is to concede nothing and fight everything.If there was a trial someone from Asset would actually have to show up and not just a lawyer.I am not a lawyer and I can't give legal advice also you have to base your response on your exact situation.You could file a "Motion for a Bill of Particulars". This is considered a responsive pleading.Or you could file a "Motion to Dismiss" listing all of the reasons why the suit should be dismissed.Such as 1) I have never had any type of account, agreement or relationship with asset acceptance. 2)I deny owing any money or anything else to Asset Acceptance.3)The plaintiff has not stated a cause of action.4)The plaintiff has not stated a claim on which relief can be granted.5)The plaintiff has failed to assign specific breaches for which the action is brought.6)The plaintiff has failed to show reasonable cause to bring action.7)The plaintiff has failed to even allege the making of any agreement,the substance of any terms or any breach by the defendant.8)The plaintiff has failed to bring suit in a timely manner and is now barred by the "Statute of Limitations" and the "Doctrine of Laches".
9)I deny all of their allegations

You should file a "Motion to Dismiss" with the court and send a copy to the lawyers representing ASSET well before your first court date.On your first court date the court the court will rule on your motion to dismiss.They will either grant your motion and the case will be dismissed or they will deny your motion and the case will continue.If your motion is denied request a "Bill of Particulars".The Plaintiff (ASSET ACCEPTANCE) will be required to give you a detailed description of their case by a certain date and you will be required to file a defense to their claims.Do not answer any questions that ASSET's lawyer asks you related to the case.Just say "'ll need to see the bill of particulars"If they persist say "I'm not talking to you".Then the court will assign a trial date.Notice that it won't be in the trial room(you may have to see the clerk to see which room you'll be in).Before the date that ASSET has to file a "BILL of Particulars" they'll probably file a "NONSUIT" which means that they are quitting and the suit is over but they can refile within a limited time.
If you don't receive the "Bill of Particulars" by the specified time file a "Motion to Dismiss" and give the reason: Plaintiff has failed to produce a "BILL of PARTICULARS" as ordered by the court.

File this with the court the day after the "BILL of PARTICULARS" is due.Always send a copy of anything filed with the court to ASSET's lawyers the same day by certified mail.

You have to let ASSET ACCEPTANCE and their lawyers know that you are ready to take this all the way to trial.In any contact with ASSET or their lawyers be sure that they know that you are denying all of their claims.Send them a letter requesting the following:
1)A copy of all documentation related to this claim
2)A copy of all evidence you have to support your claim
3)The name and contact information for the person who will represent ASSET ACCEPTANCE at trial.
4)The date you allege that this account was opened and the date of last activity.
5)A full accounting of how you arrived at the amount you are suing for.
6)A full and complete description of exactly what your claim is.
7)Copies of all computer files and the software needed to utilize those files.

Anything filed with the court is referred to as a pleading.In a case involving assignment all of the plaintiff's pleadings have to be signed by their attorneys.If they're not, file a motion to strike asking that the unsigned pleading be stricken.In a case of assignment,you can challenge the original obligation,the assignability and the assignment.In your letter requesting information be sure to address all of these issues.Also add some language like: I have concluded that your claim is baseless, worthless,frivolous and completely and totally without merit.I have absolutly no obligation to you whatsoever.I do not owe you any money or anything else.Even if you had any right previously to bring suit,which I don't believe you had,the time to do so has expired.

If you are going to the initial court date without having filed anything with the court they will ask if you agree or disagree that you owe the money.Say "I disagree and I request a bill of particulars".Then SHUT UP!Do not say anything other than setting the trial date.Don't get into an argument or discussion with the lawyer,you will lose.Do not answer any questions the lawyer asks you.Just say"I'm not prepared to discuss this".If the lawyer continues to try to talk to you, say "I'm not talking to you".Set the trial date and that should be all for the day.Go home and wait for ASSET's lawyers to send you either a "BILL OF PARTICULARS",a notice that they are requesting that the court enter a "Nonsuit" or that they are filing a motion to dismiss.If they don't send you one of these by date that the court has given them to file their "BILL OF PARTICULARS" you need to file a "MOTION TO DISMISS" right away.If they file a "BILL OF PARTICULARS" that you feel is insuffient you need to file a motion requesting a proper "BILL OF PARTICULARS" noting why you feel it was insuffient.

This is not an attempt to give legal advice to anyone for any purpose.It is just some information I have seen in various places and that I thought was interesting and that others would find it interesting too.I do not have an opinion on the legality or validity of this information.It is important to know the law in your jurisdiction.You should contact a lawyer licensed to do business in your state if you feel like you need legal advice.

Good luck to everyone fighting against these diabolical predators.

Remember there's no trial in courtroom A.

There's no trial in courtroom A

Collection Agencies never go to trial. They send a lawyer to try to intimidate and trick you.

In most courts there is a courtroom A and B. In one they do all of the procedural stuff like initial court dates and in the other they hold the real trials.Go to your court well before your court date to verify this.Find out which court you'll be in.

Check online or at the court house to find out when Asset will be there.Go and watch them in action.You'll never see them in the trial room.What they want is for you not to show up so they can get a "Default Judgement".

The statute of limitations in Ohio is 6 years.The key is to concede nothing and fight everything.If there was a trial someone from Asset would actually have to show up and not just a lawyer.I am not a lawyer and I can't give legal advice also you have to base your response on your exact situation.You could file a "Motion for a Bill of Particulars". This is considered a responsive pleading.Or you could file a "Motion to Dismiss" listing all of the reasons why the suit should be dismissed.Such as 1) I have never had any type of account, agreement or relationship with asset acceptance. 2)I deny owing any money or anything else to Asset Acceptance.3)The plaintiff has not stated a cause of action.4)The plaintiff has not stated a claim on which relief can be granted.5)The plaintiff has failed to assign specific breaches for which the action is brought.6)The plaintiff has failed to show reasonable cause to bring action.7)The plaintiff has failed to even allege the making of any agreement,the substance of any terms or any breach by the defendant.8)The plaintiff has failed to bring suit in a timely manner and is now barred by the "Statute of Limitations" and the "Doctrine of Laches".
9)I deny all of their allegations

You should file a "Motion to Dismiss" with the court and send a copy to the lawyers representing ASSET well before your first court date.On your first court date the court the court will rule on your motion to dismiss.They will either grant your motion and the case will be dismissed or they will deny your motion and the case will continue.If your motion is denied request a "Bill of Particulars".The Plaintiff (ASSET ACCEPTANCE) will be required to give you a detailed description of their case by a certain date and you will be required to file a defense to their claims.Do not answer any questions that ASSET's lawyer asks you related to the case.Just say "'ll need to see the bill of particulars"If they persist say "I'm not talking to you".Then the court will assign a trial date.Notice that it won't be in the trial room(you may have to see the clerk to see which room you'll be in).Before the date that ASSET has to file a "BILL of Particulars" they'll probably file a "NONSUIT" which means that they are quitting and the suit is over but they can refile within a limited time.
If you don't receive the "Bill of Particulars" by the specified time file a "Motion to Dismiss" and give the reason: Plaintiff has failed to produce a "BILL of PARTICULARS" as ordered by the court.

File this with the court the day after the "BILL of PARTICULARS" is due.Always send a copy of anything filed with the court to ASSET's lawyers the same day by certified mail.

You have to let ASSET ACCEPTANCE and their lawyers know that you are ready to take this all the way to trial.In any contact with ASSET or their lawyers be sure that they know that you are denying all of their claims.Send them a letter requesting the following:
1)A copy of all documentation related to this claim
2)A copy of all evidence you have to support your claim
3)The name and contact information for the person who will represent ASSET ACCEPTANCE at trial.
4)The date you allege that this account was opened and the date of last activity.
5)A full accounting of how you arrived at the amount you are suing for.
6)A full and complete description of exactly what your claim is.
7)Copies of all computer files and the software needed to utilize those files.

Anything filed with the court is referred to as a pleading.In a case involving assignment all of the plaintiff's pleadings have to be signed by their attorneys.If they're not, file a motion to strike asking that the unsigned pleading be stricken.In a case of assignment,you can challenge the original obligation,the assignability and the assignment.In your letter requesting information be sure to address all of these issues.Also add some language like: I have concluded that your claim is baseless, worthless,frivolous and completely and totally without merit.I have absolutly no obligation to you whatsoever.I do not owe you any money or anything else.Even if you had any right previously to bring suit,which I don't believe you had,the time to do so has expired.

If you are going to the initial court date without having filed anything with the court they will ask if you agree or disagree that you owe the money.Say "I disagree and I request a bill of particulars".Then SHUT UP!Do not say anything other than setting the trial date.Don't get into an argument or discussion with the lawyer,you will lose.Do not answer any questions the lawyer asks you.Just say"I'm not prepared to discuss this".If the lawyer continues to try to talk to you, say "I'm not talking to you".Set the trial date and that should be all for the day.Go home and wait for ASSET's lawyers to send you either a "BILL OF PARTICULARS",a notice that they are requesting that the court enter a "Nonsuit" or that they are filing a motion to dismiss.If they don't send you one of these by date that the court has given them to file their "BILL OF PARTICULARS" you need to file a "MOTION TO DISMISS" right away.If they file a "BILL OF PARTICULARS" that you feel is insuffient you need to file a motion requesting a proper "BILL OF PARTICULARS" noting why you feel it was insuffient.

This is not an attempt to give legal advice to anyone for any purpose.It is just some information I have seen in various places and that I thought was interesting and that others would find it interesting too.I do not have an opinion on the legality or validity of this information.It is important to know the law in your jurisdiction.You should contact a lawyer licensed to do business in your state if you feel like you need legal advice.

Good luck to everyone fighting against these diabolical predators.

Remember there's no trial in courtroom A.

There is another way to deal with this, and that is to run their legal bills so high they will pay you to go away. So far I have gotten all my derogatory credit removed from my credit file and $14,000 in my pocket. I even set up a web site that shows people how to do it. Google Debtorboards.

Joe,

The only thing you have going against you is the statute of limitations in Ohio. It is 6 years for "open" accounts which credit cards NORMALLY fall under. However, written contracts are 15 years in Ohio, and there is legal precedence for the 15 year rule as a written contract.

However, they are still easy to beat. Here's how.

First, STAY OFF THE PHONE!! NEVER speak to any collector on the phone. Always DEMAND evrything in writing. As far as them getting your unlisted #'s this is easy. If you have ever given it to your bank, credit card, utility co or on any application for credit, your private unlisted # is now prominently displayed on your credit report for all to see!

You need to respond to the court that you never entered into any contract with ASSET ACCEPTANCE and you do not owe them anything.

Notice the wording here. Use it. This is beacause the original creditor has sold the debt, and it has ben sold several times in between over the past 9 years. Asset Acceptance has to prove you owe THEM the money.

Send a debt validation request to them by certified mail, return receipt requested, and be sure to put the certified# on the letter itself, and kep a copy for your records. Attach a copy of this letter to your response to the court.

In this letter clearly state that you never did business with them and dispute the debt. Then demand to see something you signed to create the debt with them as well as an account history. Also specify that if they bought the debt, you need to see proof of purchase that shows who they purchased it from and for HOW MUCH, and state that a copy of the cancelled check will do.

Also in your letter demand to see that they are licensed as debt collectors in the state they are calling you from, and in OHIO where you live.

You can do this with every buyer back to the original creditor that initially sold it. As evryone that sold it must prove they actually owned it and had a legal right to sell it.

In court they will have to prove they own it, and how much they paid for it, as they can only sue for what they actually lost which is about 1/10th of a penny on the dollar.

Hope this helps..Good luck!