Asset Acceptance Small claim filed against me how do I respond? Otsego Michigan

BillColl01,

In answer to your question, I had no reason to reply any longer as an Attorney stepped in and gave legal advice. At that point I would have no reason to give further assistance.

It has been awhile since you have posted. What was the problem? No computer access in Jail / Drug rehab?



>>>
Submitted: 4/6/2008 7:40:42 PM
Modified: 4/6/2008 9:01:29 PM Billcoll01
MESA, Arizona
U.S.A.

WELL....HOW DID THIS TURN OUT DAN, I SEE STEVE ABANDONED YOU AFTER HE GOT YOU WORKED UP INTO A FRENZY...
TELL HOW DAVID...I MEAN DAN WAS ABLE TO DEFEAT GOLLIATH!!! HOW DID IT FEEL TO BE TAKEN ADVANTAGE OF BY STEVE
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TELL HOW DAVID...I MEAN DAN WAS ABLE TO DEFEAT GOLLIATH!!! HOW DID IT FEEL TO BE TAKEN ADVANTAGE OF BY STEVE?

I completely agree that these collection agencies are conducting business outside the standard realm of professionalism. My boyfriend just had a judgement filed against him and he tried several times to settle with the agency for the debt owed - he's a disabled vet, they can't garnish his wages because they are disability payments and he has no assets but they received their judgement.

Steve has some great points that provide some valid ways to fight these unethical agencies; however, I never once read that the original debt was not owed. Sounds like the original poster owed money to Providian Bank, it was sold to an agency and they filed a judgement against the debtor.

Try to fight . . . but at the end of the day, pay your debt. He owes the money, plain and simple. Did the agency cross the line several times, you bet, but he owes the money.

Take care of your financial obligations. Don't bother to reply to my posting, I won't check back.

Anyone have any idea of what I should cite as my reason for Motion for Leave to Dismiss Counterclaim?

I've searched MCL but can't find that.

Tim, I am being sued in MI 57th district court. I wish I could afford a lawyer, but I can't that's why I'm struggling through this thing.

I received answer to my affirmative defenses and affirmative defenses to my counterclaim. Now what? Should I move to federal court? Do I answer their affirmative defenses? They made two offers of judgment, one for $1,200.00 and another for $10.00 in their favor. Pretrial conference is 3/13 what do I do?

PO'd,

First, let me set out my credentials. I am an attorney, licensed to practice in the State of Indiana, in the federal courts for the Northern District of Indiana, and in the federal courts for the Western District of Michigan. I currently practice bankruptcy law, my partner is a collection attorney, and I assist him on many of his cases. In fact, I draft at least two of these "account stated" complaints on a daily basis. I thus know quite a bit about the law governing your situation.

That being said, none of my comments should be construed as competent legal advice because 1) I am not licensed to practice in Michigan state courts (because there's no reason for me to take the Michigan bar - I'm busy enough with my federal cases) and 2) I am not your attorney, and we have no attorney-client relationship.

With all that mumbo-jumbo out of the way, here we go.

1) If the complaint against you is currently in small claims, you are not required to file an answer. However, it may be a good idea for you to do so because, in the least, it will help you sort out the issues. BUT, if you do file an answer, you run the risk of saying the wrong thing, and that "wrong thing" can be used against you at your hearing.

2) Steve is right on the money about the change of venue issue. If you like, you can file a request and order that will transfer your case from small claims to the general civil division of the District Court. You will still be in the same court, but different rules will apply (I'll get to that in below). If you want to transfer to general civil, google "SCAO," hit the "resources" tab at the top of the page, click on the "categories" link, choose "small claims" from the list, and you will find the proper form, with instructions.

3) If your case remains in small claims, you can not make discovery requests without first getting the court's permission. This is really the only reason to transfer to general civil. If you are in general civil, you can make discovery requests without court permission. However, as a non-attorney, I HIGHLY doubt that you will be able to submit discovery requests that anybody actually has to respond to. The procedure involved is simply too complex in the state of Michigan.

4) There is NO issue with AA attempting to collect on the full amount of the alleged debt. To explain why this is the case would take too much time, so suffice it to say that you have NO defense as regards AA's standing or the amount that they are claiming merely because they purchased the debt for pennies on the dollar. That's not to say that you don't have a defense as to liability on, or the amount of the original debt. But the fact that AA bought the debt for less than its actual value is not a defense.

5) You MAY have a solid defense to the complaint. It is my understanding that, in the State of Michigan, an account stated complaint requires two exhibits. The first, usually referred to as "Exhibit A," is an invoice or other such bill. The second, usually referred to as "Exhibit B," is a notarized affidavit of an agent of the creditor. It looks like you only received the second of these two. This MAY be a means whereby you can have the complaint thrown out for failure to comply with the court rules. However, you will DEFINITELY need a lawyer to raise this defense, as it is FAR too comlicated an issue for a layman.

6) Unless you have some basis to believe that the the attorneys involved could not, after performing a reasonable investigation, believe that this claim is inaccurate, stay FAR away from filing claims for a frivolous action, bar complaints, etc. In the state of Michigan, you could very well end up on the hook for your opponent's attorney fees if you lose on any such complaint.

Bottom line, you basically have three options. You can fight this in small claims and force them to prove, by a preponderance of evidence, that you owe this debt. You can transfer the case to the general civil division and try to fight this like a lawyer would. Or you can hire a lawyer and make sure that everything is handled correctly.

If you have any further questions, don't hesitate to file an update. And be sure to visit the SCAO website. Pretty much every form that you may need is there, with instructions.

Debra,

What you said makes no sense at all! Do you know the reason you go to court in the first place?

If you are going to "agree to a judgement" there is no reason to go to court! A default judgement would be issued if you failed to show anyway.

Saying you cannot afford to pay will do nothing for you. There is no reason to say that. Again, do you know WHY you went to court in the first place?

Let me clue you in. It is to determine if you owe the debt or not. The collection agency is taking you to court for 1 reason. To get your money. And they cannot get your money without forst suing you. That is the purpose of going to court.

So, if you are not going to fight the fact that you owe the money to them, there is no reason to go to court. You show up in court to defend against a lawsuit.

Why is this so confusing?

FYI..That 5 year old debt was past SOL and was not legally collectable anyway. That was your defense whether you knew it or not. The SOL on CC debt in FL is 4 years. And, yes, a debt collector can garnish your wages for CC debt, IF they sue you and win, and get a judgement. Then the garnishment order is easy.

I really find it hard to believe that they gave you your money back.

>>
Debra
Tampa, Florida
U.S.A.

been a victim
a few years ago i got tangled with Asset Asseptance. They are ruthless to say the least. They bought out an old credit card account that had been charge off for almost 5 years. I went to court, and me not knowing any better, agreed to a judgement, thinking it would be over. next thing i know they started garnishing my wages!! I couldnt pay any of my bills because i was taking home nearly half. well something happened and they quickly backtracked and gave me my money back. apparently a collection agency cant garnish wages on a credit card account or something.

In any case, they would call and tell me to pay like $5 a month, wtf good will that do? i'll be paying until i'm dead! they even went so far as to tell me they would come to my house and take stuff from my house as collateral in order to pay the debt, since I was local to them they would stress 'since we know exactly where you live'

when you goto court, you just tell them, you couldnt pay it, that's why it got charged off, and you are fully aware it was on your credit. dont let them bully you into something like they did me. i know exactly where their Brandon, FL office is, and if i didnt have any morals in life i would have gave them a real piece of my mind already.

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a few years ago i got tangled with Asset Asseptance. They are ruthless to say the least. They bought out an old credit card account that had been charge off for almost 5 years. I went to court, and me not knowing any better, agreed to a judgement, thinking it would be over. next thing i know they started garnishing my wages!! I couldnt pay any of my bills because i was taking home nearly half. well something happened and they quickly backtracked and gave me my money back. apparently a collection agency cant garnish wages on a credit card account or something.

In any case, they would call and tell me to pay like $5 a month, wtf good will that do? i'll be paying until i'm dead! they even went so far as to tell me they would come to my house and take stuff from my house as collateral in order to pay the debt, since I was local to them they would stress "since we know exactly where you live"

when you goto court, you just tell them, you couldnt pay it, that's why it got charged off, and you are fully aware it was on your credit. dont let them bully you into something like they did me. i know exactly where their Brandon, FL office is, and if i didnt have any morals in life i would have gave them a real piece of my mind already.

Agency Details

Asset Acceptance Corp.*****
28405 Van d**e Avenue
Warren, Michigan 48092
Phone: (586) 446-7818
Fax: 586-446-7837
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)

Other Offices/Numbers:
10500 Highway 281 N. Ste 150
San Antonio, Texas 78216
Phone: (210) 979-3600
Fax: (210) 979-3659
410 846-2502

248-220-8709

9940 Franklin Square Dr.
Nottingham, MD 21236
(410) 933-0960 (410) 931-3044

600 West Resource Drive, Independence, OH 44131
(216) 661-6152, (216) 485-8400 and (216) 661-0165.
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Compliments of budhibbs.com:

Bud Says...

ONE OF AMERICA'S WORST COLLECTION AGENCIES!

********** FORMER ASSET EMPLOYEES**********

Please Email Us or Call our Office


****CONSUMER NOTICE***
ARE YOU A VICTIM OF ASSET ACCEPTANCE CORP? HAVE YOU BEEN SUED BY THEM? WAS A JUDGMENT OBTAINED? ARE YOUR WAGES BEING GARNISHED, BANK ACCOUNT LEVIED? IF SO, PLEASE GET IN CONTACT WITH ME.

Asset Acceptance Corp. (AAC) is a publicly traded company. (Nasdaq: AACC)

They purchases old portfolios of mostly worthless charged-off accounts for pennies on the dollar. Once owned, they appear to inflate the value of the portfolio, send out dunning notices and try to collect at a ridiculous profit.

Don't be surprised if you notice the date of last activity on your credit report, as stated by AAC is WRONG! Deliberately changing the date of last activity is a way to scam consumers into thinking they are entitled to money they would not legally be allowed to collect.

This is standard procedure for them -- from "re-aging" the debt on the credit history, to suing on what is probably a statute of limitations claim, to reneging on a written promise.

Watch out for the mystery $50-$75 payment you didn't' make that magically revives the account. When pressed, they claim to do an investigation and "discover" that they made a "clerical error" and mistakenly posted someone else's payment to your account.

NOTHING this 'House of Cons' does should be believed or taken at face value. They have proven over and over they are liars and thieves!

Under federal law, the Fair Credit Reporting Act (FCRA) an account may ONLY stay on a credit report for seven years. One of the cons being used by Asset Acceptance is to claim you made a $50 payment, which would have re-started that clock. Unfortunately this is a 'bogus-claim' by AAC, is illegal and violates your rights.

Asset Acceptance Corp has earned the distinction of one of "AMERICA'S WORST COLLECTION AGENCY'S". They lie, steal, cheat, misrepresent, file bogus claims, create phony documents and commit perjury in the court system JUST to increase their bottom line.

I've noticed several complaints regarding debt buyer's collections from both
Asset Acceptance, LLC
...and...
Asset Acceptance Capital Corporation (debt buyer/collector, Michigan-HQ & traded on Nasdaq)

Are these two companies the same company or is a name being mistakenly shortened?

I have an issue with AACC ... am getting calls (NO letter) from their TAMPA FL # 813-464-2350 (caller would only divulge "Asset Acceptance" but refused address) ... I spoke only long enough to ask twice for address; have no intent to talk further ... I cannot find address for any Asset Acceptance in TAMPA ... I do see one in nearby Riverview FL ... but cannot find address AA/AACC etc in TAMPA ... even though their website assetacceptancedotcom lists a Tampa LOCATION (no address). I want the CORRECT address so I can send CMRRR w/ confidence I sent to correct hosebag.

I have a few tips and some advice for you. If you pay Asset Acceptance it will never go back to the original creditor. The original creditor charge the account off so they don't have to pay taxes on collecting your money. If your credit card collects your money, they would be doing so without paying taxes on it which would be ILLEGAL as in TAX FRAUD. Also since Asset Acceptance is collecting money not owed to them that they are not legally entitled to that is unjust enrichment, this is also illegal, as well as, extortion. No you would not even have to pay what Asset Acceptance supposedly paid for it. They would have to sue the person they signed a contract with if they even did that.

What I am trying to say is that you are liable for NOTHING as far as Asset Acceptance is concerned unless they give you something or sacrifice something on your behalf which you would also have to agree with them on. If Asset comes to you tomorrow and says we will buy you a new car if you give up some money it is only a contract if you agree to it. Otherwise, they have NOTHING. And contract LAW is taught in the very FIRST class you take a lawschool. So I am not sure why their lawyers and Judges don't know this or are breaking the law.

Also don't listen to BillCollector1 he is in cohoots with these people trying to scare you and shake you down for money. He should start reading the constitution, the FDCPA, RICO Laws, and the UCC. He is stockish.

Continue to deny that you owe this debt in all paperwork, orally etc. Asset Acceptance are a bunch of thugs and you will have to push back harder with them. They are stupid thugs.

Go to the courthouse and get all the paperwork. See if they served you properly. They constantly hire process servers who lie in their paperwork. For example, they will say they delivered the summons to a white person and its an all black neighborhood. Get what I am saying. See if the process server PERJURED themselves.

I would file a motion for dismissal firstly. Assert it is outside of Statute of Limitations, but your lawyer could propably help you on how to do this and fill it out.

Ok, now Asset sent me a letter:

In their complaint, they said they bought the alleged debt from Providian.

In their letter, one of the "benefits" I would receive if I settled with them was " a zero balance on your Providian Bank account with us".

If they bought the alleged debt, as stated in their complaint, then how could they offer a zero account balance with Providian Bank? That would make them a collection agency and not licensed in MI AND falsifying information to the credit bureaus and in their lawsuit.

PO'd in MI
Otsego, Michigan
U.S.A.

Thanks, Steve!
I ignore the other guy's post as I've read his responses to others.

The SOL applies as Asset is claiming 6/2004 as the open date. Since I had NO dealings with Asset, they have allegedly purchased a debt that has very likely expired per the SOL.

Aside from that, their attached affidavit Exhibit 'A' is a Chaundry affidavit: self serving and hearsay.

I'm looking for advice as to how I continue:

1 - I'm filing my answet tomorrow...should it include my counter-claim or should I file that separately?
***JUST DO YOUR ANSWER***DENY THE CLAIM*** THATS IT**

2 - Should I file for discovery tomorrow, too?
***YES***

3 - I was served on a Sunday, MI laws pertaining to service state no service on election days or Sundays. Can I file a motion tomorrow for dismissal based on defect in service? Do I file the motion before I file my answer or at the same time?
***Although I am not a lawyer, and based on prior experience, that is a separate issue and most likely would not be grounds for dismissal**

4 - How do I go about getting the credit reporting agencies to take the false stuff out of my credit reports? An inaccurate opening date, or N/A for last payment amount, etc.
***A written dispute*** Short and sweet..."Not my account", etc***Send by cert mail, RRR. Put cert# on letter itself and keep copies**

5 - How do I go about filing a complaint with the FTC, suing Asset for the violations they have commited and filing complaints against Asset's attorneys?
***Each state has a BAR ASSOCIATION that takes complaints against lawyers, and the site ftc.gov is where you file the collections complaints*** FDCPA and FCRA lawsuits should be filed in District Court**

I'm looking for all the ways I can sock these guys and get my credit cleared up.
***Stay off the phone** Do everything in writing by the means above***

***GOOD LUCK***

I ignore the other guy's post as I've read his responses to others.

The SOL applies as Asset is claiming 6/2004 as the open date. Since I had NO dealings with Asset, they have allegedly purchased a debt that has very likely expired per the SOL.

Aside from that, their attached affidavit Exhibit "A" is a Chaundry affidavit: self serving and hearsay.

I'm looking for advice as to how I continue:

1 - I'm filing my answet tomorrow...should it include my counter-claim or should I file that separately?

2 - Should I file for discovery tomorrow, too?

3 - I was served on a Sunday, MI laws pertaining to service state no service on election days or Sundays. Can I file a motion tomorrow for dismissal based on defect in service? Do I file the motion before I file my answer or at the same time?

4 - How do I go about getting the credit reporting agencies to take the false stuff out of my credit reports? An inaccurate opening date, or N/A for last payment amount, etc.

5 - How do I go about filing a complaint with the FTC, suing Asset for the violations they have commited and filing complaints against Asset's attorneys?

I'm looking for all the ways I can sock these guys and get my credit cleared up.

BillColl01,

What exactly are you talking about? Do you even know? Or are these just the ramblings induced by a crack pipe? Where did you get the idea that I have had crappy credit for 22 years? Please explain how your little brain came up with that one!

FYI..I had a 735 middle score in 2002 when I walked away from 34 creditors for approx $170k. Up until that time I had no late pays or anything derogatory for the prior 14 years.

Yes, I filed BK in 1986 which was discharged in 1987. I almost immediately established new credit and maintained it perfectly until 2002. So, where exactly did you get your uneducated assumption of me having "crappy credit for 22 years"? Please explain.

I file a Bar Association complaint on EVERY collections lawyer as a matter of standard operating procedure. This is because every single one of them violates the FDCPA in some small way. And, this is perfectly legal as a lawyer is an officer of the court and is prohibited from violating any law or ethical standard.

Where the hell did you come up with this "change of venue" thing? FYI..Change of venue does NOT mean changing to a different county. You can have a change of venue by simply moving from small claims court to District Court. Small claims cases are very restrictive. You can do better in District Court than in small claims court.

"BillColl01" has absolutely no idea of what he is talking about and he should be ignored. He is a genuine moron. He believes that all debts should be paid. That's it. Typical debt collector mentality.

How about RESPONSIBLE LENDING? My position is that responsibility goes both ways. That is the real solution.


This moron "BillColl01" wrote:
>>>
Billcoll01
MESA, Arizona
U.S.A.

ONCE AGAIN STEVE ENCOURAGES A GUINEA PIG
DAN, STEVE LIKES TO USE THIS SITE AS HIS OWN LAB FOR COLLECTIONS EXPERIMENTS, BUT, ONCE IN A WHILE EVEN A BLIND SQUIRREL FINDS A NUT. HE IS RIGHT ABOUT ANSWERING THE SUMMONS. THE REST IS JUST NORMAL STEVE FIGHT THE POWER BS. THERE IS NOTHING THAT YOU WILL GET IN A COUNTERSUIT IF THE THE LAST ACTIVITY DATE IS 06/2004 THE SOL FOR MI IS AS FOLLOWS;

Michigan Statutes of Limitation
Breach of Contract: 6 years, (MCL 600.5807(8).
Breach of Contract for Sale of goods under the UCC: 4 years: including deficiency actions following repossession and sale of goods subject to a security interest, (MCL 440.2725(1).
Judgments: 10 years, but are renewable by action for another 10 years, MCL.600.5809(3).
NOTE: Another state's limitation period may apply check statutes carefully.

'You should also file Bar Association complaints against all lawyers involved for ethical violations, ie: filing frivolous lawsuits, having knowledge of falsified official affidavits, etc.' THIS GUY IS SETTING YOU UP FOR A BIG FINANCIAL TUMBLE. HE GIVES ADVICE ON HERE BUT HE ADMITS TO HAVING CRAPPY CREDIT FOR 22YRS! NOT TO METION THAT HE WORKS FOR RENT A CENTER, SO WHERE DOES HE GET ALL HIS INFO? HOW IS HE GOING TO HELP OTHERS IF HE COULDNT HELP HIMSELF? SO ANSWER THE SUMMONS & FIGURE OUT IF IT WOULD BE CHEAPER TO SETTLE OUT OF COURT UNLESS ITS FRAUD & YOU CAN PROVE IT. AS FAR AS WHO YOU OWE, IF ASSET BOUGHT THE DEBT, THEY ARE YOUR CREDITOR! BANKS SELL DEBT ALL THE TIME, ITS PERFECTLY LEGAL, NO MATTER WHAT STEVE-O TELLS PEOPLE.
THE CHANGE OF VENUE IS GOING TO MAKE YOU LOOK STUPID TO THE CREDITORS ATTORNEY & THE JUDGE DUE TO THE FACT THAT CHANGE OF VENUE IS FOR IF YOU DONT THINK YOU CAN GET A FAIR TRIAL IN YOU HOME JURISDICTION OR IF A CASE IS IN ADULT COUT WHEN IT SHOULD BE IN FAMILY OR JUVENILE COURT & HAS NOTHING TO DO WITH CIVIL PENALTIES. ALL A CHANGE OF VENUE WILL DO IS MOVE IT TO A DIFFERENT COUNTY.
IF THIS WAS TRUELY YOUR ACCT & NOT FRAUD, YOUR BEST BET WOULD BE TO SETTLE OUT OF COURT & MAKE A CREDIT REPORT DELETION BY AA PART OF THE DEAL.
BY THE WAY, 'Second, if Providian charged off the debt, is there legally any basis fro trying to get money for a thing already done, i.e., Providian would have written off the bad debt and taken the tax break, so how can Asset claim to 'own' the debt? A CHARGE OFF DOESNT MEAN THE DEBT IS NO LONGER OWED. THE TAX WRITE OFF IS 25% OF THE PRINCIPAL. PLEASE POST AN UPDATE AT THE CONCLUSION OF YOUR CASE SO WE CAN SEE WHO WAS RIGHT.

>>>>

DAN, STEVE LIKES TO USE THIS SITE AS HIS OWN LAB FOR COLLECTIONS EXPERIMENTS, BUT, ONCE IN A WHILE EVEN A BLIND SQUIRREL FINDS A NUT. HE IS RIGHT ABOUT ANSWERING THE SUMMONS. THE REST IS JUST NORMAL STEVE FIGHT THE POWER BS. THERE IS NOTHING THAT YOU WILL GET IN A COUNTERSUIT IF THE THE LAST ACTIVITY DATE IS 06/2004 THE SOL FOR MI IS AS FOLLOWS;

Michigan Statutes of Limitation
Breach of Contract: 6 years, (MCL 600.5807(8).
Breach of Contract for Sale of goods under the UCC: 4 years: including deficiency actions following repossession and sale of goods subject to a security interest, (MCL 440.2725(1).
Judgments: 10 years, but are renewable by action for another 10 years, MCL.600.5809(3).
NOTE: Another state's limitation period may apply check statutes carefully.

"You should also file Bar Association complaints against all lawyers involved for ethical violations, ie: filing frivolous lawsuits, having knowledge of falsified official affidavits, etc." THIS GUY IS SETTING YOU UP FOR A BIG FINANCIAL TUMBLE. HE GIVES ADVICE ON HERE BUT HE ADMITS TO HAVING CRAPPY CREDIT FOR 22YRS! NOT TO METION THAT HE WORKS FOR RENT A CENTER, SO WHERE DOES HE GET ALL HIS INFO? HOW IS HE GOING TO HELP OTHERS IF HE COULDNT HELP HIMSELF? SO ANSWER THE SUMMONS & FIGURE OUT IF IT WOULD BE CHEAPER TO SETTLE OUT OF COURT UNLESS ITS FRAUD & YOU CAN PROVE IT. AS FAR AS WHO YOU OWE, IF ASSET BOUGHT THE DEBT, THEY ARE YOUR CREDITOR! BANKS SELL DEBT ALL THE TIME, ITS PERFECTLY LEGAL, NO MATTER WHAT STEVE-O TELLS PEOPLE.
THE CHANGE OF VENUE IS GOING TO MAKE YOU LOOK STUPID TO THE CREDITORS ATTORNEY & THE JUDGE DUE TO THE FACT THAT CHANGE OF VENUE IS FOR IF YOU DONT THINK YOU CAN GET A FAIR TRIAL IN YOU HOME JURISDICTION OR IF A CASE IS IN ADULT COUT WHEN IT SHOULD BE IN FAMILY OR JUVENILE COURT & HAS NOTHING TO DO WITH CIVIL PENALTIES. ALL A CHANGE OF VENUE WILL DO IS MOVE IT TO A DIFFERENT COUNTY.
IF THIS WAS TRUELY YOUR ACCT & NOT FRAUD, YOUR BEST BET WOULD BE TO SETTLE OUT OF COURT & MAKE A CREDIT REPORT DELETION BY AA PART OF THE DEAL.
BY THE WAY, "Second, if Providian charged off the debt, is there legally any basis fro trying to get money for a thing already done, i.e., Providian would have written off the bad debt and taken the tax break, so how can Asset claim to "own" the debt? A CHARGE OFF DOESNT MEAN THE DEBT IS NO LONGER OWED. THE TAX WRITE OFF IS 25% OF THE PRINCIPAL. PLEASE POST AN UPDATE AT THE CONCLUSION OF YOUR CASE SO WE CAN SEE WHO WAS RIGHT.

Thank you for your response.

I have contacted a lawyer and he will be going over my answer and motions. He's gonna charge me $100 bucks to read them but I want to make sure my forms are proper.

I wish I knew more about these things because I don't want to forget a defense, or forget anything in discovery, etc. I was also mulling about changing venue but I wasn't certain that if I lost the penalties would be harsher out of small claims than they would be in it.

Anyway, I have a rough draft of my answer and a short rough draft of my request for discovery.

I've read some on here about AA not being a creditor but an investor, them buying the debt for pennies and not wanting to spend time and money collecting, etc. I hope this is all true 'cause I would hate to get to court, if I don't change venue, and have the judge or whoever is hearing the initial complaint, to be ignorant of collections law and give them a summary judgment.

I am kinda worried.

Dan,

Once a summons has been served, it is in your best interest to get a lawyer if there is any way you can afford one. With a lawyer you have a better chance of winning, and the court will usually award you damages to cover court costs and legal fees.

If you cannot afford a lawyer, at least respond to the summons. Respond to both the court and the collection lawyer. Do this by certified mail, return reciept requested. Be sure to put the certified# on the letter itself and keep copies for your records. This procedure is very important.

Now, go to budhibbs.com and read all about junk debt buyers and the scams they pull. There is a long list of dirt on Asset Acceptance on Bud's site. You can also get info for the NACA there to get a lawyer who specializes in collections matters.

Now, file complaints online at ftc.gov for the illegal re-aging of the debt. You can also file a counter suit on this right away. It is an easy win that is worth up to $1000 plus costs.

You should also file Bar Association complaints against all lawyers involved for ethical violations, ie: filing frivolous lawsuits, having knowledge of falsified official affidavits, etc.

Hit these morons from all sides, and do it all at once. get them off balance.

Good luck!

Dan,

Once a summons has been served, it is in your best interest to get a lawyer if there is any way you can afford one. With a lawyer you have a better chance of winning, and the court will usually award you damages to cover court costs and legal fees.

If you cannot afford a lawyer, at least respond to the summons. Respond to both the court and the collection lawyer. Do this by certified mail, return reciept requested. Be sure to put the certified# on the letter itself and keep copies for your records. This procedure is very important.

Now, go to budhibbs.com and read all about junk debt buyers and the scams they pull. There is a long list of dirt on Asset Acceptance on Bud's site. You can also get info for the NACA there to get a lawyer who specializes in collections matters.

Now, file complaints online at ftc.gov for the illegal re-aging of the debt. You can also file a counter suit on this right away. It is an easy win that is worth up to $1000 plus costs.

You should also file Bar Association complaints against all lawyers involved for ethical violations, ie: filing frivolous lawsuits, having knowledge of falsified official affidavits, etc.

Hit these morons from all sides, and do it all at once. get them off balance.

Good luck!

No one on the free advice boards I have been checking out seem to have had much to do with Asset Acceptance, LLC.

I'm getting discouraged and wondering if I can win.

By the way, AA, LLC shows an open date of 06/04 with them. Since I have not signed any agreement or contract with them that should be a violation on the FCRA shouldn't it?

I could really use some pointers here.