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  1. Too make a long story short I posted on here about being sued by Asset Acceptance, the people that did respond told me to notify court that I intended to defend. I called court got date moved to 2 weeks later, tomorrow was to be my court date. Today I get my mail and I have this letter, Fulton Friedman & Gullace LLP Dear Magisterial District Judge: As you are aware, the undersigned represents PLaintiff in the above referenced matter. We are writing to kindly request that the matter be marked as withdrawn. So does this mean I won???
  2. Sorry for the new thread. I tried to post in my original thread*, but I only got answers to my original post and not to my new query which is the following: I filed my answer and proof of service and sent a copy of the answer and a demand for bill of particulars (BOP) to the attorney representing Asset Acceptance. Should I wait until my BOP answer comes (or doesn't) before I start any official discovery or should I get it going ASAP? Thanks! *I'm not allowed to link yet, but it's called "Help With Answer - Asset Acceptance (Open Book & Account Stated)."
  3. Fulton, Friedman, & Gullace LLP on behalf of Asset Acceptance LLC responded to my BOP request with a four line statement from CITI, an affidavit of sale of account for a pool of charged off accounts, and a Bill of Sale and Assignment. They state this is all the documentation they have. The suit claims that the original balance was around $8k, but now after interest the balance is closer to $10k. If they don't have an original credit agreement, how can they add 10% interest? How is it even calculated? Are they violating the following: § 808. Unfair practices [15 USC 1692f] A debt collect
  4. Hello all. Many thanks to those organizing and donating to this forum. For those of us out here that cant afford an attorney, it feels as if there is little to no hope in avoiding handing over what little money we have to survive to those wanting to make a quick buck by abusing the legal system. I've been living in Indiana, but my original debt in questions (just over 4k) was accrued in California. A JDB (Asset Acceptance LLC) has supposedly purchased my debt from another JDB and is looking to cash in on me. Their attorneys based out of Kentucky have filed a complaint and I have since answered
  5. I have been reading the forum here and it has been a great help, but I was not sure about this. I read that I don't have to file the demand for the bill of particulars, but do I need to file the proof of service for it? Or do I just hold on to them both for future use in a motion to compel/dismiss? This is in Santa Clara County, CA. The suit is being filed against my wife by Fullton, Friedman, & Gullace, LLP representing Asset Acceptance, LLC.
  6. Ok here it goes I got a civil action paper from Sheriff last week being sued by Asset Acceptance c/o Fulton, Friedmand & Gullace LLp. Stating I owe them 3131.41 plus interest, plus 125.49 for 6% interest. First off who is Christine Neiman who verified the facts? The debt is too Wells Fargo Carpet Mart, now for my story Yes I had a debt with them got behind on my mortgage trying to pay this bill my house went into foreclosure and I got the refinance option that Obama passed, since then 3 yrs ago my mortgage has not been late. My question is what do I have to do to fight these people who h
  7. My wife was served (April 17, 2012) a SUMMONS (Superior Court For the County of XXXX, State of GA) with ASSET ACCEPTANCE, LLC, ASSIGNEE OF FIA CARD SERVICES, N.A (Plaintiff) vs. my wife (Defendant) via Frederick J. Hanna & Associates. Civil Action No. xxxxxxxxxx Date Filed (April 9, 2012) COMPLAINT ON CREDIT CARD ACCOUNT 1. Lists her as a resident of xxxxxx county at such an such address 2. Entered into a credit card agreement with the OC identified as ending xxxx. Defendant received and used the credit card at issue in this action. 3. Said agreement breached by defendant failing to pay
  8. They have sued me in civil court, if they get a judgement can they garnish my wages in Pa?
  9. Ok here it goes I got a civil action paper from Sheriff last week being sued by Asset Acceptance c/o Fulton, Friedmand & Gullace LLp. Stating I owe them 3131.41 plus interest, plus 125.49 for 6% interest. First off who is Christine Neiman who verified the facts? The debt is too Wells Fargo Carpet Mart, now for my story Yes I had a debt with them got behind on my mortgage trying to pay this bill my house went into foreclosure and I got the refinance option that Obama passed, since then 3 yrs ago my mortgage has not been late. My question is what do I have to do to fight these people who ha
  10. Just walked in the house, and the phone rang. Caller ID read 'ASSETACCEPTANCE' (why the 'yelling' caller ID info?) I answered and asked hello 5 or 6 times but alas, no one wanted to talk to me (I get that a lot, so its no big deal). I don't know what this is about since they've never contacted before. My questions for you all is this... Has anyone dealt with Asset Acceptance? Hints? Tips? Should I validate or verify with them when the letter comes? (I do 99% of the time. Straight up DV or use the Coltfan letter?) Should I talk to them on the phone? What should I say? (Besides no contact by p
  11. Asset acceptance sent an offer to settle for 99 dollars on an inflated $2000 debt that was orginally around a grand. I live in Illinios and I know they have some weird laws that can favor the debt collecters in regards to selling a settled debt. I would be interested to here anybodys opinion on this matter.
  12. Collection agency lost its second appeal...interesting ruling for choice of law and CC companies citing 15 year SOL for CC's in Ohio: Thoughts? Asset Acceptance L.L.C. v. Caszatt, et al. - 2012-Ohio-1886 :: April, 2012 :: Ohio Eleventh District Court of Appeals Decisions :: Ohio Case Law :: US Case Law :: US Law :: Justia
  13. I've been gone for a good long while, which is not a bad thing since I haven't had any issues until now. Last week a process server showed up at my parents' house. They told him I don't live there so he didn't leave papers, but he did leave a card. I don't even live in the same state any more, but my parents' address is still on my CR. Anyway, same process server came back today even though he knows I don't live there. He left another card jammed in the door when no one answered. My parents were not home at the time, but my mom found the card later. I did call the courthouse to see w
  14. I have a case that is closed with Asset Acceptance in Texas. Looks like AA has changed attorney offices in Texas. So today I get a letter in the mail from the new law offices indicating that they've sent a motion for the case to be dismissed without prejudice and a forthcoming change of lead council so the case can be refilled. Can they dismiss a case that's closed? Thanks
  15. I composed a letter stating that (exhibit A) does not comply with Rule 6:6–3(a) because it does not specify any transactions comprising the alleged debt owed, now I am wondering if a simple demand for validation of the debt is what I should do. (Indiana) Also the PLaintiff is Asset Acceptance but they have hired an Indiana attorney. Plaintiff is not licensed to collect in my state unless they OWN the debt should I also request proof of ownership? OR Should I hit them with everything I got to keep this judge from allowing this SJ for Plaintiff? I have lost to this JUDGE before in a summary
  16. Plaintiff: ASSET ACCEPTANCE LLC Attorney: Law Office of XXXXXXXXX Amount involved: $4,xxx ($7,xxx with interest). Attorney fees and other costs not included Original creditor: CITIBANK AT&T UNIVERSAL CARD DOFD: 03/2008; SOL: 4 years - 03/2012 Trial set for: 06/2x/2012 -------------------------------------------------------------------------------------------------------------------------------------------------------- Timeline: 07/xx/2011 - Summons served 07/xx/2011 - Response filed 09/xx/2011 - Settlement letter sent by attorney; $3,500 to settle; latter reduced to $2,500 12/xx/2011 - Ca
  17. I need to respond to a request for admission of facts from Asset Acceptance for a credit card debt. It only has two requests which are requesting 1. That they are the assignee of and or originator of an account in my name and 2. Admit that the amount set forth in the plaintiffs' complaint is correct. First off, there is no account number listed in the complaint anywhere but they do list the original creditor. Second, who knows where they came up with the amount they claim I owe. Most likely they have padded it with some fees. I plan on answering with denials stating for question 1: 1. I hav
  18. Asset Acceptance is suing me through Gordon and Weinberg. I just got served today. I have been reading and it seems that PO's are better to start with in PA rather than answers and defenses. Is this definitely the way to start or should i go with the traditional A/D? 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.) Gordon and Wienberg 3. How much are you being sued for? $5k 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are bein
  19. Three weeks ago, I received a letter from S&H demanding payment on behalf of the debt owner, Asset Acceptance, LLC. I sent the following DV (Cert/ret. rcpt of course): Dear Debt Collector/Debt Collector Attorney: This letter is being sent to you in response to your letter dated Tuesday, February 28, 2011, received by me on Friday, March 2, 2012. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested. This is NOT a request for verification or proof of
  20. Has anyone ever heard of this? Would that phrase come under the laws about them not being allowed to say or imply that they are members or any law enforcement groups? And then proceeded to tell me that they are not going to sue me but that they will continue to report the accounts on my credit reports... I will write more extensively on this saga on another day.. Just another day in ID theft/bank fraud/collection agency fraud/CRA hell land...
  21. Hi, I know I am probably doing this wrong but just an update & looking for your opinions. Today I received a letter From Fulton, Friedman & Gullace, LLP which is the law firm David R. Galloway works for & who is suing me. I know they must have received their copy of my "Notice of Intent to Defend". In the spirit of seeking a mutually satisfactory resolution of this matter. (LOL!) At this time he is authorized to accept a lump sum payment & would like to offer me a settlement with a 40% discount. How great of him!! Why bother sending this to me if they're suing me? I know, I kno
  22. I have sent multiple letters to Asset Acceptance demanding validation of a debt. They keep sending me a response that indicates they are unsure of the nature of my request and a printout with an account number on it with a debt amount. - I have asked for the original document bearing my signature. - The proof that they now own the debt - The original creditor (this they did do) - The method in which interest was calculated to come the the alleged amount owed - Proof that they have the right do to business in my state (I found their person here on-line) I have my letters with return receipt, I
  23. It reads, our client seeks to amend the date in the original complaint. please find enclosed a stipulation to amend and an amended complaint. Please review for accuracy and, if it is acceptable ,execute and return to our office. Please write in paragraph two the date on which you sign the document. You have 20 days days to respond to the amended complaint. If no answer to the amended complaint is received, Plaintiff will treat defendants original answer as a response to the amended complaint. our office will retain the original until such time as it is necessary to file with the court. They se
  24. Hello Everyone. Here is my story in brief... Got in to credit card trouble with three cards due a combination of health issues/job loss and irresponsible financial management. All three went to collections. One in house, two which appear to be debt buyers, Asset Acceptance, and Stoneleigh Recovery Associates. After stupidly ignoring this problem for over a year (thus missing my window for Debt Validation, but I know I owed the original creditors) I have negotiated settlements on the phone with each and have family members willing to help me pay the debts. I have requested that each of these
  25. 1. Who is suing you? Pollack and Rosen "attorneys" (junk debt call center) for Midland Funding LLC purported assignee of BofA 2. For how much? ~5300 3. Who is the original creditor? BofA 4. How do you know you are being sued? served at parents' house 5. How were you served? Were you served? see above 6. What was your correspondence with the people suing you before you think you were being sued? sent a notice of prelegal review, mailer 7. Where do you live? FL 8. When is the last time you paid on this account? 10/2008 9. What is the status of your case ? motion to dismiss denied, amended compla