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  1. In a previous post I asked the forums advice on how I should handle an upcoming hearing. Small snippet from previous post: "Out of curiosity, last week I contacted the court in my jurisdiction. They informed me that my name was on file for a hearing on October 22, 2012. I went to the county clerk's office and they gave me the file. Beyond clueless on how to proceed, I asked the clerk to explain and offer suggestions. She stated that according to what it shows on my file a server for this law firm tried to serve me (3) times at my old address. It also states that a hearing is set for October 22
  2. 1. Who is the named plaintiff in the suit? Asset Acceptance,LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Fulton, Friedman, Gullace LLP 3. How much are you being sued for? >10k 4. Who is the original creditor? (if not the Plaintiff) Citicard 5. How do you know you are being sued? (You were served, right?) summons left on door, 30 days to respond 6. How were you served? (Mail, In person, Notice on door) Notice at door 7. Was the service legal as required by your state? I'm unsure but I'm assuming so since it was stamped with case
  3. Greetings! I need assistance answering a summons to a suit filed against my husband by Asset Acceptance LLC and Fulton, Fieldman..etc. We talked to an attorney who said that he could do it for us and fight the entire thing for $1200. He said that the attorney that is working for Asset Acceptance is very overwhelmed and that he could almost guarantee that we would win. Were also meeting with a bankruptcy attorney early next week to see if filing would be in our best interest to avoid any further suits by JDB. All I need is more time to navigate this. My goal is to answer the summons on Mon
  4. wfnnb/Spiegel opened 12/03 last report 4/09 credit limit 690$ highbalance 721$ statement:purchased by another lender 60 days on 3/07 Then it shows up again.... Asset Acceptance original creditor:spiegal date opened 3/09 type: debt buyer recent balance:1090$ data starts at 4/09 continue on record until Dec 2013 Can anyone tell me how to read this? Is it passed the 5 years SOL? Can they sue me? Anything else I should know? Thanks....
  5. Reason for re post. I wanted to cleanup/delete some of my response posts from 10/03/2012. I searched everywhere for the delete button but accidentally hit close/lock thread. I apologize if I'm breaking any protocol rules in re-posting. I was starting to get solid advice/suggestions and I am hopeful that will continue. Thank you. I've included my initial question and I copied and pasted the responses I received on 10/03/12. ------------------------------------------------------------------------------------------------------------------- 1.). I will try to make this precise without involving
  6. First. I will try to make this precise without involving personal pain/issues, etc.. Second. I sincerely appreciate those of you that take your time to advice/suggest/recommend options. Third. I've lived in California all my life. I have not been served but there's a hearing scheduled for October 22, 2012. My situation. Last year, December 2011, I received standard mail correspondence from Fulton Friedman & Gullace. I ignored the letter. Fulton Friedman is working/representing Asset Acceptance. The letter stated I had (5) days from date of this letter to pay or make arraignments to pay. If
  7. Hi Everyone I'm new here so bare with me. I just got a judgement letter today in the mail. I never knew i was being sued. When i looked up my name in the county website, there was a judgement to back up the letter. I question how it was delivered to me, because it went to my business address, and i'm the only one that works there. On the case it says it was delivered to some other guy who is apparently in charge, but there is nobody else here but me. On this letter from "ASSET ACCEPTANCE LLC", they're asking me to "voluntarily" pay the amount due, or they will garnish wages, money, property e
  8. I got a letter from a local lawyer on behalf of Asset Acceptance collection agency that was assigned by Bank of America. I have defaulted on BoA CC loan about three years ago. So I'm writing a letter back to lawyer telling him that I cannot pay because of my bad financial situation. Since the debt is more than I can afford to repay anyways, I will probably get a judgement against me. My husband is the only member in the family that works. Before I get judgement against me, what can I do to safeguard my assets and my bank account from getting any wages garnished. Can they even garnish my hu
  9. Latest and greatest is a notice from NES (National Enterprise Systems) stating RE: Asset Acceptance / Original creditor BofA (account closed/sold) Googling it - looks like NES is a collections manager for this JDB - and Asset is showing up on my credit report and I never received notice they purchased the account. Has anyone had any dealings with NES? I have 30 days to respond to the notice to disupte validity of the debt.
  10. So a few years ago (2008 and 2009) I had legal issues and used this site and won both my cases so recently I was served again for a really old debt. I responded to the summons and sent discovery to which they responded to today. I have an idea of where I would like to go from here but would love some feedback 1. Who is the named plaintiff in the suit? Asset Acceptance 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Greene and Cooper out of Louisville KY 3. How much are you being sued for? $1378 plus interest roughly $1800 4. Who is the o
  11. I sent them a dv they replayed back with a bill filled a complaint with the ag, BBB and FTC. Sent them a intent to sue letter. Today they told me they are closing the account and removing it off my report.
  12. I received my first letter from Asset Acceptance LLC on 7/23/2012 regarding a loan with BOA -- not a credit card loan it was some sort of high interest unsecured loan that was secured over the phone (there were no papers signed). I sent a DV request via CMRRR and received the postcard stamped 8/2/2012. Then about a week ago they started calling my house upward of five and six times a day. Obviously, we're not answering. About a year ago, we offered to settle with BOA and they said they'd call us back, they never did and 12 months later we're being harassed by Asset Acceptance. I'm prepare
  13. Is it possible to claim Unclean Hands against an Attorney representing a JDB; or could this be considered Failure to Mitigate Damages? I'm currently being sued by Asset Acceptance and received a letter from the Law Firm that is representing them on September 4th. The letter states: I am employed by the law firm name on this letterhead. As you are aware, our firm has been retained by Asset Acceptance, LLC to collect the above referenced account. As of the date of this letter, the balance of your account is $8,429.07, plus accruing interest. Please contact our office by August 27, 2012 to make
  14. It appears that NARCA 2012 Fall Collection Conference in Maryland may be worried about attorney-client privileges when answering discovery questions from defendant's. OCT 2012 General Session #2 Ready or Not - CFPB Examinations With the new Consumer Financial Protection Bureau (CFPB) no one knows what to expect - What will it be like to undergo a CFPB examination? What will be the CFPB's focus on debt collection counsel and what methods will it use to gather information about debt collection attorneys' operations? This panel will share their experiences guiding consumer financial services cli
  15. I was sued by ASSet Acceptance and they ended up filing a motion to dismiss without prejudice after I started fighting back against them. The motion was granted and the case is now closed. I started getting a few calls a couple weeks later and now they are calling not only my parents but the called my wife on her work number. Considering they filed suit against me and I answered they definitely know where I live. What steps can I take to get them to stop calling my family members? They can load up my mailbox and blow up my phone all they want but this is bulls**#!! Please help! I am more
  16. A couple of months ago I was served. I was being sued by Asset Acceptance for a CitiCard debt they purchased. At this stage, I need to prioritize some items in my life and dedicating the time and resources to fight a claim under $3k simply isn’t in my best interest. I’ve outlined the case below, my steps and the plaintiffs actions thus far and the reasons I am choosing to settle. If you already know my case history from the prior thread, feel free to scroll down to the last sections entitled THIS IS WHY I WANT TO SETTLE and HERE'S WHAT I NEED TO KNOW. I need some advice on how to approach
  17. Does anyone that has dealt with Asset Acceptance have documents signed by either A. Dickson-Rekasi or Notary Crystal R. Barton?
  18. The Complaint States: 1. The Defendant is indebted to the Plaintiff under an agreement or account. 2. Asset Acceptance, LLC purchased this account. The original credit grantor is BOA. 3. Defendant has failed to pay the Plaintiff the remaining balance of its account in the sum of $5,000, plus accrued interest in the amount of $165.28, together with interest at the annual rate of 8% from May 13, 2012, until the date of Judgment, then at 8% per annum on the Judgment until satisfied. The only documents attached to the complaint were an Affidavit of Debt and a document created by Asset Acceptance.
  19. Was just served by Asset Acceptance, do I have anything here? All of my information is included. 1. Who is the named plaintiff in the suit? Asset Acceptance 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Greene & Cooper 3. How much are you being sued for? $ 5,000 4. Who is the original creditor? (if not the Plaintiff) BOA 5. How do you know you are being sued? (You were served, right?) Served with summon 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? Yes 8. What
  20. I'm looking for some advice on what to do. I posted about my case a while back. I am being sued by Asset Acceptance on "open book" and "account stated" in California. I filed my answer and sent a BOP request and never received a response. Life happened big time, so it took me quite a while (about a month) to send a meet and confer letter saying give me a BOP or I will file a motion to compel. The deadline I gave is almost up. I checked the court docs online before I sent the letter and there was no new filings, but I decided to check again today and low and behold they had added something ne
  21. I am being sued by Asset Acceptance via Mendelson Law Firm in Tennessee. The affidavit was rubber stamped by the employee of Asset and you can not read the name due to the fact they did nto fully stamp the affidavit (see attached image). If I can not tell who swore the affidavit can I have it thrown out due to that fact? Thank you for your time.
  22. I had 3 credit cards that I stopped paying in 2009; american express, bank of america, and chase. I lived in another country for grad school until earlier this year. While abroad, I was told by a relative that they were receiving letters from CAs threatening legal action and a person showed up at their door with papers for me. They simply stated that I did not live there and did not know where I was. My credit report shows charge offs from amex and bofa but a debt transfer from chase. There are also 2 CAs with balances from bofa and chase (Asset Acceptance LLC and Portfolio Recovery & Af
  23. Hi - I'm being sued by Asset Acceptance in San Diego Superior Court in California. Let me give you some background and then ask my questions. Thanks in advance! Background: I live in Ventura County. I've lived here the last 3 years. Prior to this, I lived in San Diego County. 2 years ago, I lived with my parents for 3 months as I was making the transition from my prior job to my current one. In May, my parents called me frantically because someone was at the door attempting to serve me papers. Of course, as you will have guessed, I was being served papers by a law group representi
  24. Ok, Asset Acceptance they filed a 10k+ case against me, but as of yet I have no information about it. The first I heard of this was when I received a note from a mediation group offering to help (they watch the clerk's office apparently). I checked the clerk's website, and sure enough, it was filed. But, since I have recently moved, they are yet to serve. They may or may not have previously contacted me, since we moved (same town) we're not getting all of our old mail, so the summons is the first I know of any of this. 1. Do I contact the suing attorney or wait until the service? 2. I really
  25. Won in Denver district court today! This is my first post, but I can't thank everyone enough for all of their great insights on this board. I learned so much! I did have the services of an attorney who really knew his consumer law. I used an attorney because I was being sued for over $20,000. That, and Colorado has case law ( TEAC v. Bauer ) that really eases the introduction of third party records into the JDB's business records. Really have to counter that hard. I was sued for a debt I paid off to Chase in 2006. Next up, recover costs for legal, then a suit for Asset Acceptance.