Sinjin

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About Sinjin

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    Georgia
  1. Thanks for the reply. I should have known not to pay it, but I panicked due to the refi. It never pays to do the right thing with these people.
  2. I recently went through a separation and was no longer living in my home. During that time she cancelled our Verizon account. This was mid-late 2015. I was unaware of any owed balance until it hit my credit report on 4/4/2016. I paid in full on 4/5/2016. They refused my offer of pay for delete. I have since resolved the separation and moved back into the home, and was in the middle of a refinance of my mortgage. Since my credit score dropped 100 points, I am not able to complete the refi. I called and spoke with a "supervisor" after the debt was paid in full, to see if they would delete. No luck. I have sent goodwill letters to executives, including the president, VP of operations and regional VP of the southeast. A rep from their executive relations team called and told me they would not remove the TL. At this point I'm desperate. Is there any way to get this removed from my CR? I think I remember signing something stating I wouldn't arbitrate when we got the phones, but I will have to find that paperwork. Would arbitration work, or a dispute with the BBB?
  3. @debtzapper I did use Skaar & Feagle. Both Jim and Kris seem to be a rarity in their profession, nice and straightforward. I would reccomend them to anyone in the Atlanta area. @BV80 On my CR it says last paid 12/09, no first delinq date, however I seem to remember now when I disputed with the bureaus that all said it would fall off in mid 2016. I believe May.
  4. Dismissed WITH Prejudice!!! I wanted to take a moment to express my gratitude for this place, without it I don't know where I would be. To two individuals here in particular, @debtzapper and @NormInGeorgia, thank you for all the advice and recomendation on an attorney. It was invaluable. @debtzapper I did end up using the attorney you recomended and they were great. This place truly is doing great things and has been a lifeline for many people in horrible situations. Had I not come here in '10, I would have lost before even getting started. It has been 4 long years dealing with this, the weight has finally been lifted. Now if I can just get the OC to remove their tradeline from my CR before late 2016... Here is the link to my original post: http://www.creditinfocenter.com/community/topic/325347-being-sued-by-asset-in-ga/?fromsearch=1
  5. What @Clydesmom said is essentially what my attorney told me yesterday. He said he had not received the motion at his office yet, but that he suspects they don't have the documents he requested them to produce. @NormInGeorgia, no counter claim which I regret not fighting harder for. My attorney felt there weren't any clear violations by Asset that he could prove.
  6. Just wanted to update and ask a question. I hired an attorney and filed my answer. We then filed our notice to produce in mid February. On Friday, Asset's attorney filed a "motion to strike pleadings quash defendants notice to produce". I have no idea what this is, and after a few google searches, I'm still unclear. I just looked at the case status on the court website, so I haven't had an opportunity to speak with my attorney yet. Can anyone explain what this motion to strike means, and why it took them over a month to file it? Is this just saying they don't want to show their hand, aka they have nothing else?
  7. Awesome Norm! Thanks for posting all this info. I'm reading it all now. I will most likely consult with an attorney this week, after thinking this through I'm not sure I have the time to devote to this as pro se.
  8. Not sure how to post pics here, but I'll give this a shot: Bill of Sale http://oi59.tinypic.com/2efl4lf.jpg Affidavit of Sale http://oi59.tinypic.com/2wlvfbs.jpg Certificate of Conformity http://oi62.tinypic.com/n1c8as.jpg Affidavit from Asset employee http://oi59.tinypic.com/oiyl3s.jpg
  9. State court, Gwinnett county. The judge is Shawn Bratton, who was just appointed by Deal late last year.
  10. I actually tried to contact this attorney last year when this debt was assigned by Asset to their attorney. You sent me a PM here with his contact info. Left several messages for him to contact me, but he never called back. I've also heard good things about Auden Grumet. I will contact both on Monday. I will read up on Norm's posts.
  11. It's $15,032, the same amount that is on the statement from Wells. They say the card was opened in 2006. I did not get a card from Wachovia then. My mom opened a credit card for me in 1996 to help me build credit. That card was closed no later than 2002. It was with a different bank, but they eventually merged with Wachovia.
  12. 1. Who is the named plaintiff in the suit? Asset Acceptance LLC as assignee of Wells Fargo/Wachovia Rewards 2. What is the name of the law firm handling the suit? 3. How much are you being sued for? $15,000 4. Who is the original creditor? Wells Fargo/Wachovia Rewards 5. How do you know you are being sued? Served this afternoon 6. How were you served? In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Cease and desist letter to Asset, Debt validation to Asset on 2/15/2012, follow up letter to Asset since they had not sent me any information re the account (4/27/2012), disputed entry with credit bureaus on 8/14/2012, sent letter to Wells Fargo legal department on 1/11/2013, I was notified an attorney had been assigned to my case 1/5/2014, I sent a document request letter to said attorney's office on 1/16/2014. They responded on 11/10/2014 with an affidavit from an Asset employee stating she is familiar with Asset's record keeping inability, a copy of what looks like a statement of the account from Asset showing the purchase date, charged off balance, interest, date of last payment and says "not previously mailed", also two statements from Wells Fargo for the billing period of 6/24/2010-7/23/2010 and 7/24/2010-7/31/2010 six months after the account was allegedly closed. Served 1/25/2015. 9. What state and county do you live in? Georgia 10. When is the last time you paid on this account? They claim it was 12/16/2009 11. What is the SOL on the debt? I've always thought it was 7 yrs, but I'm not certain 12. What is the status of your case? Suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?). Yes, see above 14. Did you request debt validation before the suit was filed? Yes, see above 15. How long do you have to respond to the suit? We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days, but I'll answer within the week. Charges: 1. Plaintiff, Asset Acceptance LLC, is the assignee of the indebtedness of Defendant from Wells Fargo/Wachovia Rewards as referenced by Exhibit A and Exhibit B incorporated herein. 2. Defendant is indebted to Plaintiff on an account in the amount of $15,000 as referenced by Exhibit C incorporated herein. 3. Pursuant to O.C.G.A. 7-4-2, Plaintiff claims 7% prejudgment interest from December 18, 2013 forward. 4. Said amount is just, true, due, and unpaid, and Plaintiff has made demand on Defendant for payment on several occasions, but Defendant has failed and refused to pay this indebtedness and is In default. Wherefore, Plaintiff demands judgment of the defendant in the sum of $15,000, plus costs, prejudgment interest pursuant to O.C.G.A. 7-4-2 from December 18, 2013 and post judgment interest at the legal rate according to O.C.G.A. 7-4-12 et. seq. 16. What evidence did they send with the summons? Complaint, bill of sale from Wells to Asset, affidavit of sale of account by original creditor, certificate of conformity, same affidavit sent to me previously by Asset employee stating she is aware of Asset's record keeping practices, same statement from Asset that I previously received, one Wells statement dated 7/24/2010-7/31/2010 that was sent to me previously, and general civil case filing information form. I have read through this forum on several occasions since 2011 when I started receiving letters from Asset to settle, even posted a few topics about my case. I have received excellent advice on those occasions, so I have no doubt I've come to the right place this evening. I have the feeling I dropped the ball by not getting out in front of this, I should have sued Asset instead of waiting around for them to sue me. I know they have no record of documents or contracts signed by me. In other words, no Standing. I will be answering the summons this weekend, but I'm wondering if I should file counterclaim at this time? What further actions should I take at this time? Any advice how I should proceed? Thanks for your time. EDIT: I've read through much of the pinned "Standing" thread, and I will update this post with my answers at some point tomorrow. Again, thanks for your time.