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Report: #1099078

Complaint Review: Green & Cooper - Roswell Georgia

  • Submitted:
  • Updated:
  • Reported By: Emily — gordon Georgia
  • Author Confirmed What's this?
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  • Green & Cooper Colonial Park Dr., Ste 104, Roswell, ga. Roswell, Georgia USA

Green & Cooper Asset Acceptance Filed a Lawsuit against me in the Magistrate Court of the County where I live. Roswell Georgia

*REBUTTAL Individual responds: I expect that it will happen to me soon

*Author of original report: Greene & Cooper Lawsuit

*Consumer Suggestion: suggestions to resolve this

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IN  April 2013  ,  i received a phone  call  from   a representative  at  Greene & Cooper .  the first question I was asked  was  "  have  you served papers  yet from a sheriffs  deputy ?  "   There was explanation  what so ever.  I stated  "  for what ? "  at that  point  the caller  proceeded to ask me to verify  my address .  I did so and  found out that was not address on file in their office.  For  several  days  after  that ,  I kept  receiving  the same phone calls  from the  same  rep. at their office. Each time I told them the same thing  .  they  kept telling me that I owed their client  $4000.00 ,  i told  them  that was not true and that  I would need to see proof of the amount owed  like a contract with  my signature, etc.   They  told me they would  email it , I never received the email.  Well, several weeks passed by and nothing until  one day in June when  a Sheriffs Deputy showed up at my mothers  house looking for me.   I spoke  with the deputy  by phone and  none of the numbers  matched what  was on the court papers.  So, the deputy  sent the papers back .  Well,  a few weeks passed by again , no contact with  me what so ever til  late July  when  the deputy  showed back up at my mothers house, agai, with  the same papers.   THe address on the papers  was wrong, as well as the rest of the information  on the papers.  But  I told the deputy  to leave the papers.   I contacted the company again and  they  insisted that I pay  the money .  I told them  to send me something in writing.   I have talked to  several people  at  Greene and Cooper because every time you call them  , you can not speak to the person that called you , they have to send them an email.    Several  of their reps  have told me that they are my file administrator.   I just want proof that I owe this money , if I owe it.   They are insisting that I pay  them but will not send me anything on paper.  They tell me that right now my file is in " default " status.   They are threating to  continue with the "lawsuit"  if  I do not pay them anything.  I do not pay any bills to anybody  unless I see the amount owed or the so called contract I signed on paper.  Does anybody  out there have any advice they could give me in this situation ?

 

This report was posted on Ripoff Report on 11/13/2013 01:58 PM and is a permanent record located here: https://www.ripoffreport.com/reports/green-cooper/roswell-georgia/green-cooper-asset-acceptance-filed-a-lawsuit-against-me-in-the-magistrate-court-of-1099078. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
1Author
1Consumer
1Employee/Owner

#3 REBUTTAL Individual responds

I expect that it will happen to me soon

AUTHOR: Me too. - ()

POSTED: Thursday, January 23, 2014

I understand what you've reported.  Asset Acceptance referred my "file" to an Attorney in November 2013.
The letter that I received from their attorney states my legal rights and that a response can stop their contact.  It also states that my response will not make the debt go away and that they won't contact again except to tell me that they will not contact me again OR that they intend to take a specific action.

Everything that Asset Acceptance has done to me shows poor record keeping, accounting and questionable collection practices.  I didn't believe their 2012 settlement offer letter because it was misleading and there were paragraphs which implied that they could continue their efforts to collect 100% of my debt, even if I accepted their settlement offer to reduce the debt by 15% if I paid by a specific date.  

The info in those paragraphs did not flow with the rest of the letter and it seemed that someone had edited the letter.  They reserved the right to modify their offer and to charge additional interest.

Check your credit report for anything that Asset Acceptance has reported.  If it's incorrect or valid, dispute it and document your dispute.

Most of all, remember that you have rights, too,  Asset Acceptance has to identify the original creditor for your debt.  It may have been a lower amount with years of interest accrued.

Try to remember when you could no longer pay the original debt payments.  Each state has a statute of limitations for the amount of time that a creditor or debt collector can sue you for payment.  In most states, it is 6 years from when you defaulted and stopped payments.

It's now 2014 and the 6 year statute is approaching for most people who struggled during the recession which started in 2008.   Many collectors, including Asset Acceptance has increased their efforts to collect from anyone that defaulted in late 2008 and in 2009. 

Technically, I do owe a debt and the 6 year expiration does not legally remove the obligation.  But that does not give any collector the right to harass me or disclose my private information in the manner that I've experienced and that you described.

I was able to settle a debt with a different collector and checked my credit report  - it was reported by the the collector as a settled account.

Asset Acceptance does not seem to want a settlement.  A better way to state it is probably that they don't want to document a settlement arrangement which would result in a report of a settled account. 

My opinion is that the actual intention is to try to gouge as much as possible from me without a documented settlement.    I will have to find an attorney to represent my offer for the debt because I think it's the only way to settle my original debt.




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#2 Author of original report

Greene & Cooper Lawsuit

AUTHOR: Emily - ()

POSTED: Monday, November 18, 2013

 This  is  for  " JOhn "  who respoinded  to my Rip off report.   Thanks  for  the advice.  I will take your advice in consideration  .  However , I would like to know what happened to you .

 

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#1 Consumer Suggestion

suggestions to resolve this

AUTHOR: John - ()

POSTED: Saturday, November 16, 2013

First off,  I would start taping those calls.  If you have a android phone.  Get yourself a free application to record calls.

I suggest you check with the court  that your mom's live in and the court that you live in.  In other words make sure they did not try sewer service to get a default judgement.

 

if they did you need to attend court.  File an answer.  Remember, I am not an attorney.  I can tell you what I experienced.

 

If you find they did not serve you.  I would suggest you file a complaint with your attorney General consumer protection division.

 

Now, you need to be proactive rather the reactive.  Monitor the courts.  I suggest that you goto Debtorboards site.  They are a com. They heve people that can help you prepare an answer.  Prepare now if and when they file a summons.  If nothing else file for a jury trial.  Pay the jury fee.  This probably has to be done within 10 days of answering the complaint.  Don't wait file it ASAP.  Jury trial is leverage. Debtorboards is non profit.  they are not attorney's just average people that been there.

Don't verfiy information on the phone.  They are fishing for information to hang you with.   Never ever verify a social security number.  Do not give them a social security number, employer name, bank account informaton.  Do not verbally agree to pay them.  Never ever send anything to them with your signature.  They can scan it and put it on a legal document.  Use a font that produces a signature of name.  Make sure its obvious.  You can also record calls if they threaten you with criminal charges or that they are law enforcement.  

best of luck to you

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