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citygirl2009

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  1. So I started filling out the IRS form 3949-A. Under the section 5a, I'm writing what I think is a reasonable reply. Please advise...maybe I should add something else. " "Asset Acceptance is junk debt buyer and they sent me a 1099-C for a debt in the amount of $1571.06. The state that the debt originally was owned by Dell Financial Services. I'm am concerned that that is a violation seeing that this debt has yet to be validated by Asset Acceptance, they have not provided me with any proof substantating that I am the owner of this debt or that I owe the amount they are claiming. In addition, they are in violation of the IRS instructions for filing a 1099C which states; "A cancellation or extinguishment when the statute of limitations for collecting the debt expires, or when the statutory period for filing a claim or beginning a deficiency judgment proceeding expires. Expiration of the statute of limitations is an identifiable event only when a debtor's affirmative statute of limitations defense is upheld in a final judgment or decision of a court and the appeal period has expired." Moreover.... "....This event occurs when the creditor has not received a payment on the debt during the testing period. The testing period is a 36-month period ending on December 31 plus any time when the creditor was precluded from collection activity by a stay in bankruptcy or similar bar under state or local law. The creditor can rebut the occurrence of this identifiable event if: The creditor (or a third-party collection agency) has engaged in significant bona fide collection activity during the 12-month period ending on December 31 or Facts and circumstances that exist on January 31 following the end of the 36-month period indicate that the debt was not canceled. Significant bona fide collection activity does not include nominal or ministerial collection action, such as an automated mailing. Facts and circumstances indicating that a debt was not canceled include the existence of a lien relating to the debt (up to the value of the security) or the sale or packaging for sale of the debt by the creditor. None of which has occurred. I believe this is reason enough to investigate their practices and determining whether their code of conduct is legal. " Let me know what you think of this..maybe there's something I should add or subtract. Not really familiar with jargon and how things should be stated. After this I will file complaints with WI AG office. Thanks in advance!
  2. I am currently in the process of filling out IRS form 3949-A. Under the section 5a, I'm writing what I think is a reasonable reply. Please advise...maybe I should add something else. " "Asset Acceptance is junk debt buyer and they sent me a 1099-C for a debt in the amount of $1571.06. The state that the debt originally was owned by Dell Financial Services. I'm am concerned that that is a violation seeing that this debt has yet to be validated by Asset Acceptance, they have not provided me with any proof substantating that I am the owner of this debt or that I owe the amount they are claiming. In addition, they are in violation of the IRS instructions for filing a 1099C which states; "A cancellation or extinguishment when the statute of limitations for collecting the debt expires, or when the statutory period for filing a claim or beginning a deficiency judgment proceeding expires. Expiration of the statute of limitations is an identifiable event only when a debtor's affirmative statute of limitations defense is upheld in a final judgment or decision of a court and the appeal period has expired." Moreover.... "....This event occurs when the creditor has not received a payment on the debt during the testing period. The testing period is a 36-month period ending on December 31 plus any time when the creditor was precluded from collection activity by a stay in bankruptcy or similar bar under state or local law. The creditor can rebut the occurrence of this identifiable event if: The creditor (or a third-party collection agency) has engaged in significant bona fide collection activity during the 12-month period ending on December 31 or Facts and circumstances that exist on January 31 following the end of the 36-month period indicate that the debt was not canceled. Significant bona fide collection activity does not include nominal or ministerial collection action, such as an automated mailing. Facts and circumstances indicating that a debt was not canceled include the existence of a lien relating to the debt (up to the value of the security) or the sale or packaging for sale of the debt by the creditor. None of which has occurred. I believe this is reason enough to investigate their practices and determining whether their code of conduct is legal. " Let me know what you think of this..maybe there's something I should add or subtract. Not really familiar with jargon and how things should be stated. Thanks in advance!
  3. I know much has been talked about on this, however, I didn't find anything that really fit my situation. I received a 1099-C from Asset Acceptance a month ago, or so, and I'm really confused about the whole process....so far: 1. The OC, Dell Financial, hasn't sent me anything. 2. I haven't heard or received anything from Asset Acceptance, thus I was unable to dispute or request validation. 3. Asset Acceptance is nowhere on my credit report. 4. I already filed my taxes for the year. From what I've seen on the IRS website is that you receive a 1099c once there has been some sort of dialogue between collector and debtor, for quite some time and after a period of time has elapse the collector considers the debt "uncollectable". No such dialogue, communication, letters, etc...exist. Thanks in advance for your help.
  4. Take a deep breath!!! All the collection agency wants you to do is see the summons and get scared into paying some ridiculous amount of money which they know very well they can't prove you owe or worse you don't show up they get a default of judgment and you pay whatever they say. They don't want to be there either... and they definitely don't want you there!! Just being present can impress a judge!! So many people just don't show up!!! Similar thing happened to me but in a different state. This is pretty much what happened..... http://www.creditinfocenter.com/forums/showthread.php?t=298798 In the end I got it dismissed !!!! Your case it sounds like the same thing my case was (I owed, but not what they were claiming). If it were me, I wouldn't admit to owing what they say you owe (they can't prove it, anyways!!!) I would see what your state says about "right to cure" that could be something (maybe someone else can help you here). Make them show you an explanation for every dime they're claiming!!!
  5. Hello, I received a 1099-C a few weeks ago from Asset Acceptance, LLC (P.O. Box 2036, Warren, MI 48090; (888) 397 - 8182) and I just wanted some helpful advice. I'm planning to file it with my 1040 this year (I don't want no drama with the IRS). However, I KNOW the "amount of debt canceled" is inflated, roughly $500-600 dollars TOO much AND there is no "interest included" AND I don't remember hearing anything from this stupid company anytime last year or the year before, it's not anywhere on any of my 3 credit reports!! I know the IRS doesn't care about this right now, so I'm wondering how would I go about disputing this after I file it (I don't mind doing an amended return and all that)? I want to file, then dispute with asset acceptance, then get it canceled with the IRS because asset can't validate it (which they can't), then get it off my credit report. The statue of limitations must be up soon ( I can't find it on my credit report but I'm assuming its this year sometime) so that's another thing to consider in all this. Thanks so much for you help, citygirl2009
  6. The Statute of Repose is 10 yrs for WI. The SOL is 6 yrs.. I'll stick with that! Question, should I start by sending the OC a DV? I'm wondering how to start this ball moving? Thanks
  7. I've recently started taking a more pro-active approach into dealing with my credit (rather than responding to some personal threat). I've also read through the 'newbie forums' and I got a lot of really good information. However..... I don't have any recent letters (or old for that matter) around to respond to, I just have the addresses from the credit reports. I looked at all 3 reports and the SOL (WI = 6 yrs) is up on the bad accounts (long story short....lost job, no income, all accounts started in the same year) and I wanted to know how/if possible do I start to clean up my credit report (i.e. settling, disputing...etc...) when I don't have any letters to respond to? This is what I'm thinking right now.... 1. Write a DV letter to OC and wait for response. <<-- This scares me because I don't want to "rock the boat" and get sued and hope the presiding judge lets me off of SOL...(this might not be what happens but this is what I'm worried about) 2. a) If they DON'T respond within 30 days, report to the credit bureaus that they haven't responded and request a deletion <<--don't really know this process either of if it happens like that If they DO respond within 30 days, hope they messed up on something or didn't provide any viable info. regarding what I requested and ...(not sure what happens after this...) If you have any information that would help me on this process it would be much appreciated. Thanks in advance.
  8. So I finally just got home, and read the letter because I was wondering what the language was and its said requesting the suit to be dismissed "with prejudice"!! Yay!! I'm so happy that this is done!!! Whoo-hoo!!xdancexxdancexxdancexxdancexxdancexxdancexxdancexxdancexxdancexxdancex
  9. The SOL on this is up in august so I'm hoping they wont bother until then.
  10. Quick question... So, I was just sent a letter from Riebe, stating that he has decided to dismiss the case, don't have it in front of me so I don't recall if it was with prejudice or without. I'm wondering 1) does it matter if it's dismissed with or without prejudice? and 2) can this lawsuit be brought up again?
  11. Where can I get a copy of the Chase credit card agreement?
  12. I sent a discovery to Riebe a while back, and he never responded to it. He said that he wasn't obligated to do so because the first hearing I missed and the judge pronounced a default judgment on it, and he was no longer obligated to respond to my request for one. Should I just send another one so if he fails to respond to that one he "should" elect for arbitration. What do you think?
  13. Okay, so I have another court date coming up March 5th, and I'm really tired of Riebe. I want to enact the arbitration clause and I'm wondering how to do that. I sent a discovery a while back but, he didn't respond to it. He also sent me a "notice of interrogations" or something like that, that I was supposed to respond to. I'm wondering what should be my logical next step. Its ridiculous what they're asking for, and I'm leaning on the arbitration route. Highly doubtful that Riebe will initiate this himself, so how do I get this started? Thanks so much in advance!!
  14. Thanks for all the help. Riebe definitely didn't want the case to be reopened. It's likely because he knew he had a bad case. The items submitted for "evidence" was an old statement, with no signature on it, totally nothing even close to what they're demanding. Riebe also claimed that he was planning on serving a discovery. How do you think he'll trip up on this? Also, I think arbitration would be my best option at this point, seeing that the judge isn't willing to dismiss without everyone telling they're side of the story. How does this work? Can I initiate it now? Do I need to draw up a motion?
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