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Found 18 results

  1. Today I received requests from several companies on my CR requesting I validate accounts. Midland, Asset and PRA all 3 sent requests for Full Name, Full CC Number, Address (Current and past 10 years), approximate account opening dates, account balances, Last payment and date, and my employer name. NONE of them have judgments against me. GECRB did the same for two CCs that they claim I have/had. CAP1 did the same for 4 accounts they claim I had with them. NONE of these letters gave me any idea what they are talking about...no reference numbers or anything. I did recently do requests for verification with all 3 major CBs. Anyone seen this sort of thing before??
  2. Yesterday was a light mail day. There was one piece of mail with the return address of Warren, MI. I knew immediately it was from Asset Acceptance. Let's go back in time to talk about my experience in dealing with them so you can see how this started, and now, how it has ended (spoiler alert: I didn't pay them anything). About 3 years ago I began receiving calls from them. I was excited to see BoA sell it off to them, as debt buyers are pretty easy to beat up on in court. I fired off a letter that disputed the debt in its entirety, and I demanded proof thereof. It was one of those 2 sentence letters, taught by Coltfan. The debt disappeared. The request sent the credit report trade line into disputed status and it sat. After about 5 months, a letter detailing a few odds and ends about my account charge off date, my personal information, and a lowly account statement showed up. It was back on. Asset didn't seem to take too well to my dispute, and as such, I received a dunning letter from their attorneys at Fulton, Friedman and Gullace the same week I received their validation response. I had a consumer attorney send FFG a validation letter. And again, I waited. Using the attorney worked very well. FFG never responded to the validation request, instead sending the file back to Asset. What is interesting, however, is that when other posters from this site used the same validation letter (sans attorney letterhead), they were all sued. Perhaps FFG knew it was fruitless endeavor and a loser, but alas, I'll never find out. The offer letters came in. Settlement amounts starting at 45%, which then became 55%. Last months discount rose to 75%. This months offer stayed at 75%, but included the following language in the letter: "The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. If you do not pay the debt, me may continue to report it to the credit reporting agencies as unpaid." So there it is. Happy Statute of Limitations birthday to me. On Monday, I'm going to send them one last letter: Dear Asset, I refuse to pay, don't ever contact me again.
  3. Need some help from any and all? I am down to one collection account on my credit report. The debt collector is good ole Asset Acceptance. I owed the original creditor, Beneficial, $10,000 and my DOFD is Feb 2008. (Business went south, lost my home, started a free-fall and making my way back now.) I disputed this collection account with all 3 CRA's in mid-May. The result was "verified" by all 3 CRA's. Additionally, Asset Acceptance has been actively reporting every month now with new, additional interest costs. The balance is now $13,712, I have no documentation from Asset Acceptance, nor have I ever received a phone call from them. I'm guessing I received documentation back in 2008, 2009, but I haven't been able to locate it and have nothing at this point. They are not harassing me. I compiled this original debt in the state of Oregon. SOL in Oregon is 6 years. I relocated to Nevada in 2012. Here the statute is 4 years. Either way, this debt is beyond SOL. I just mailed out CMRRR second attempt disputes of this account, but don't feel optimistic that this strategy will work. I have not mailed out an FOAD letter yet, as they are not attempting to collect from me........other than actively updating the tradeline on the 3 CRA's with additional interest. I have not DV'd them yet, as I'm not certain of the ramifications. I also have not attempted the 623 method. So I'm opening this up to suggestions. Obviously this account will drop off in mid-2015, but I'm wanting to get it off sooner. At minimum, I'd like to take an educated stab at attempting to get this account dropped from the Big 3 prior to next Summer. Let me hear some ideas and I will execute ASAP.
  4. Greetings, I won't bore you with all of the details of 7 of the 8 collection accounts I found in my credit reports when I begain this adventure on May 12, 2014 or so, but I'll include a link to a post where I'm documenting my victories one at a time here..... http://www.creditinfocenter.com/community/topic/323902-successfully-paid-3-original-creditors-in-full-but-ca-accounts-still-showing/#entry1298069 I read more than a few posts regarding the ethical duty to pay debts that are legitimate as opposed to trying to simply trying to not pay monies that we owe,.and felt compelled to pay the debts that are mine, with the exception of this last remaining collection account. Of the 8 collection accounts I started with, I have only negotiated or paid 2 CA's. I paid monies to the original creditors, as they are who I was indebted to, ethically. My last account is with Asset Acceptance. The original creditor was Beneficial. I obtained a $10,000 credit line with them back in 2006 or so. In 2007/2008, I went through business hell, began the process of trying to save my home, which failed. At that time, Beneficial was the least of my financial worries. I have no documents from Asset Acceptance. No phone calls. Disputed with the CA's. Verified. I have sent a DV letter to Asset, CMRR, but am anticipating the typical response/letter. Asset reports the account as "opened" in Aug 2010, meaning that's when THEY started reporting this account to the CRA's. The actual Beneficial credit line accout is not on any of my CRs. (thankfully) They are reporting a balance of $13,600 and it appears to grow by approximately $150 each month. I would attempt to settle this for less than the amount, and will if possible, but every posting I read regarding Asset Acceptance includes lawsuits, and motions, etc, etc. I am obviously in the waiting stages of the DV response from Asset Acceptance, but I want to be prepared for my next steps. Ideally, if I can take care of this for $2500 or so, I would be thrilled. Can anyone let me know if they have had success settling a debt with Asset Acceptance for less than the amount? Keep in mind I have not been receiving letters, phone calls or anything else from them. I'm certain I have awoken a sleeping giant, but I need to resolve this last, remaining and somewhat large collection account for employment purposes with my new job/employer. Sorry for length of post. I know that's a no-no.
  5. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies. Brief scenario. Dell Financial Asset claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court appointed"...many thanks to those of you that educated me on the difference. I was late on responding to items..but then, so were they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original suit, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them $5,000...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am trying to remember how to put up images....I photographed the entire thing. Let's see if I can post them here. I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). So...let's figure out the image thing now and please please feel free to comment...good and bad. I need straight talk. Thanks so much!
  6. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies, I can't find it so I can't refer to it. Brief scenario. Dell Financial Asset Acceptance claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court ordered" so I never questioned it...many thanks to those of you that educated me on the difference so I could start screaming they tricked me on purpose. I was late on responding to items..but then, so were they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). I never whined, but will if I have to use that. SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. Only used Oregon when it looked like it would help them. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal following my loss in court appointed ARB, I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original response and subsequent discovery papers, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) And they say I owe $1,100. They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). Please, please feel free to comment...good and bad. I need straight talk. Thanks so much!
  7. Hi All, I've been a bit quiet about my case lately. Frankly I was overly stressed and just needed to keep things to myself for a bit. However an interesting development has come up. I served my Request for Admissions on 9/4. Under Utah rule they had 28 days to respond. If they did not respond then the admissions would be deemed admitted. The 28 days was up on 10/2. As of today I still have not received their response. I need to know what my next step is to get this dismissed. I've listed my admissions below. Any help is appreciated. 1. Admit that you are not the legal owner of the alleged account. 2. Admit that you have no admissible evidence that the Defendant owes the alleged debt. 3. Admit that Plaintiff's disclosed document named Account Detail is self-serving and was created for litigation purposes. 4. Admit that you have no proof that the disclosed document titled Citibank Cardmember Agreement for the Dell Account was the agreement in force on the alleged account at the time of the alleged default. 5. Admit that Plaintiff's witness Elizabeth Gamache has no personal, firsthand knowledge of record keeping procedures, billing practices, Defendant's alleged use of the alleged account, and any alleged agreement between Defendant and DELL FINANCIAL SERVICES/CIT ONLINE BANK.
  8. Hi everyone, Just received a letter from Asset's Law firm with a court date of July 15th. Plaintiff's Motion to Strike Answer and for Summary Disposition. They want theirsubmitted paperwork to be Prima Facie evidence, stating the Defendant failed to state a valid defense and failed to file a counter affidavit to theirs. I had sent a Discovery request on the 25th of May requesting the Cardmember Agreement and proof of Initial transactions, along with documents showingdefault date, charge-off date, the Purchase Agreement and Bill of Sale. It's ironic that they filed their Motion on June 7, just a week after I requested the items above. I will try to post the Motion in the next couple of days for you. I'm assuming this is normal procedure on their part. Just need some advice on how to handle this. Should I be filing anything, or just go in on the 15th and ask the Judge to compel them to produce the CA, initial transaction records, default and charge-off statements, and the Purchase Agreement, letting him know that is ALL I've been asking for all along, and we wouldn't be wasting the court's time if they would just provide it. Here in MI I know of at least one Judge that has requested production of the CA upon the Defendant's request. When they didn't produce it in a timely manner, I believe he dismissed it with prejudice. I hope that more courts begin to take that stance. Once they've provided those documents there's really nothing more to argue about. THANKS AGAIN to all of you who have been of such great help here! Best to you, buddyapple
  9. Hi Everyone, First of all, I want to once again thank EVERYONE on this forum whose knowledge and patience as been of such great help to all of us novices who are treading in unfamiliar (and sometimes a little scary) waters! I hope and pray you and yours are well! Here are my previous posts for reference: http://www.creditinfocenter.com/community/topic/319804-answer-filed-received-notice-to-appear-pre-trial-conf-429-help/ http://www.creditinfocenter.com/community/topic/319510-asset-acceptancehsbc-summons-received-in-mi-next-step/ Went to court 4/29. They sent a rent-a-lawyer who had some computer-generated paperwork stating when last payment was made, amount, when account was opened, etc. Didn't look like they had provided Purchase Agreement or any HSBC docs (to him at least). In my answer I attached the DV request letter I had sent to another collector who I guess was working for them last year. Friedman sent a letter 3 weeks ago basically stating what they say I owe. Did not send any of the other paperwork I had requested in the letter from OC (agreement, statements, my signature on any purchases, Purchase Agreement from HSBC, etc.) Anyway, it's been 24 days since court and Discovery is 30 days. I have been waiting for them to send something. I have had a server contact me over a week ago, and have been waiting for them to serve me. I don't know if it is from Asset or not. I figured if I got some discovery documents from them I would file an answer requesting all the documents. Should I just go ahead before the 30 days on Wednesday and request all of it? If so, what should I request, and can one of you let me know where I can find an example touse as a guideline for MI so I do it right? Just want to do things the right way while not showing my hand. Thanks again, buddyapple
  10. BEWARE - Even with crappy lawyers, they're still getting better! My civil hearing was today. As the title states, I lost. I was unrepresented, as I could not afford a lawyer. Asset hired a local lawyer who was not well prepared. When the magistrate asked questions, she would say she did not know or did not have the requested information. She had obviously not studied the papers she did have because she was just as confused as I was AND didn't even realize there were 2 separate bills of sale until I started to question ownership. She started off by showing me a copy of a Dell/Citibank (OC) cardholder agreement that had no personal information on it. She then handed me 3 pages for a "bill of sale." All 3 pages looked exactly the same and were pretty generic. Somebody from Dell made a general statement saying they have access to accounts and have knowledge of the process of selling accounts and somebody from "WEBANK" (never heard of them) basically said the same thing. I did not see my account number anywhere. Believe me - I read and re-read everything! Also, it turned out there were actually 4 pages and at first, she told the magistrate she didn't have the missing page so I almost got her on that, BUT she decided to go through her folder again and after taking another look, she found it. Without it, she would not have been able to prove that Asset bought it from WEBANK & therefore, Asset would have had no standing to sue. Additionally, the lawyer showed me account records that belonged to Dell, which showed the original sale, all my payments, and late fees, and also showed that Dell charged-off the account in May 2011. I tried to get out of that by saying those are Dell's records and that somebody can't just take somebody else's records, put them in a file, and say "hey, those are my records." However, the magistrate ruled that it was admissible evidence. I was sworn in and the lawyer asked me many stupid questions that naturally, 5 years later, I don't remember the answers to most of. She wanted to know when I bought the stuff, when I received it, when I made the last payment, and also if it was one purchase or multiple and whether I still had the said items in my possession or had I surrendered them to Dell. The magistrate verified my previous addresses for the past 5 years as well. The magistrate asked if I had anything to add and I pointed out that my signature was nowhere to be found (I know it's electronic but hoped to catch them off-guard) and my account number was nowhere on the "bills of sale" either and that the said "bills of sale" did not state they had direct knowledge of MY particular account. The lawyer pretty much said it would be inconvenient to get a list of account numbers because they buy them in bulk and every other account number except mine would have to be redacted. (Yes, I know & that's why I tried that tactic.) On all points, he sided with her. By this time, I knew my chances of coming out on top were slim. Then, he surprised both of us by asking how long it had been since I got my drivers license. I wasn't sure what relevance that had but replied that I do not have one. He asked when the last time I did have one was. Never. Never had one. He just looked over at the lawyer, who said "I'm not sure what you're implying sir." He told her that if I didn't have a license then I couldn't have made the original agreement with Dell. I wish there would have been somebody else there to see how quickly she leapt from her chair, approached the bench, and started frantically searching for the license number on the documents she had presented to him. I thought maybe this would be my saving grace....until she said "if they don't have a license, sometimes a Photo ID can be used." Pop! My bubble was burst. Yes, I have one and yes, it was valid then and is valid now. That was that. I gave it my best shot but was soooo upset when I walked out. I will soon be receiving papers in regards to the over-$3k judgment plus court costs. In those papers will be instructions on how to appeal but I'm not sure it's even worth it. I can't hire a lawyer and don't want to hire one now, lose again, and lose even more money. I just don't understand how Asset can do this and how courts can rule in THEIR favor.
  11. Was wondering if anyone has suceesfully used the Delaware Choice of Law provision to invoke the 3 year SOL as opposed to the California 4 years SOL. I have an alleged debt and it is about 8 months out of the 4 year SOL. I am expecting the CA to file suit any day now and have been reading up on possible strategies.
  12. Hi Everyone, A BIG thank you for all of you who have been so helpful thus far. I hope and pray you are all doing well. I have started a new thread for this part of my journey against Asset. Here is a link to previous post: http://www.creditinfocenter.com/community/topic/319510-asset-acceptancehsbc-summons-received-in-mi-next-step/page-2 I filed my answer March 22. received the Notice to Appear for Pre-Trial conference on April 29. With my answer I submitted the DV letter I had sent (regular mail, I know, STUPID!!), so the Judge will at least know I had done something. I heard from peanutrs that I should file an affidavit, as stated: "Just want to make sure you do your own AFFIDAVIT and make sure you file it right away. If you don't respond (file) an affidavit denying everything, then it is easy for the Plaintiff to get a "account stated" claim." If this is something I need to do, let me know. I thought that filing my answer denying all, and affirmative defenses, along with the DV letter I had sent out was all I needed to do until I received the Notice for the pre-trial conference. What should I do to prepare for the conference as far as paperwork and such? Thanks again, buddyapple
  13. If you have been contacted - even called - or sued by a debt purchaser in Tennessee, contact the TN AG's Office - Consumer Affairs Division. Most have no license to collect and therefore, you should file a complaint with the Tennessee Collections Services Board. Even if they do have a license and if they did sue you, their Civil Warrants in Debt don't nearly comply with the law. Report them.
  14. Hi Everyone, Linda7 has asked me to start a new post on my situation. ANY sound advice would be of great help. This is the last collector I have after me. My others have been settled, with 1 judgment awarded. My current open accounts are up to date and in good standing. THANKS! I'm here in MI, and I'm in the same boat as blindspot99. Here is his post: http://www.creditinfocenter.com/community/topic/319237-asset-acceptance-vs-me-michigan/ The only difference is that mine is an HSBC card that AA got ahold of. Around 9K. I have about 12 days left to respond to the summons/complaint. I am currently checking on my CC origination date to see if JAMS can be used. If not, would I be better off just trying to fight it in court rather than the other arbitration methods? I could pay the fees to begin, but I don't know if I would have the money to pay if an arbitrated amount was awarded, it would just be hoping they would back off before going through it. What would happen if I wasn't able to pay the arbitrated amount? I did send a request for DV back when I first received their initial letter, but sent it regular mail and can't find any of the paperwork. I may have contacted them in May 2012 when I was trying to settle some other accounts, and they wouldn't go below 50%. I do not know for sure.The other 3 settled for 15-20% and I settled those. I have 1 judgment from 2012. Was not aware of the things I am becoming aware of now or I would have at least filed an answer and appeared. Maybe delayed the judgment a little at least. I'd like to go the same route he's thinking about, using Savoir's simplified guidelines. I agree I think it's best to keep things simple with the answers, while giving them the impression I have some idea what's going on. Challenging them to produce OC documents and such. Where my argument would head would be in their Exhibit B (account) page on my summons where they state in the account Info window that they are an "ASSIGNEE of HSBC Bank Nevada, OR ITS SUCCESSOR IN INTEREST." Yet they state a PURCHASE DATE of 1/2011. How can you be BOTH an ASSIGNEE and OWN the debt? Either you are assigned the debt to collect by the OC, or you purchase the debt outright from HSBC and are colecting it for yourself, RIGHT?? It would be like buying a car private party, then, when you have an accident, tell them that you were assigned the car by the previous owner! Would that be considered a fraudulent statement? Anyway, I'm unclear on trying to use the Arbitration route if I proceed with answering the complaint. I need to know if I still have have the option if I file an answer to the complaint or not. I would like to keep that arbitration option open if they decided not to drop the lawsuit. How would I intergrate that into my answer. If someone could help me I'm using Saviour's template, but need to know what else to put after his ends to make it a complete document for filing. So glad I found this forum, wish I had found it earlier. Thanks and blessings to all of you who give your sage advice and guidance here!
  15. If a default judgment has been awarded against you by a General Sessions Court in Tennessee, you have ten days to move to vacate it. However, under Rule 60 you have one year to move for fraud and up to a "reasonable time" to move to set aside for various other reasons. It is imperative to do so before garnishment begins because then most judges will presume that you were served and just don't want to pay a debt purchaser. We can help in some cases and there is no charge to ask us questions. We operate off of attorney fees and fees we derive for statutory violations.
  16. And so the fun begins. Got served a complaint about 10 days ago. Still have 11 to answer. Been lurking here while putting together my answer to the complaint. Now I need some guidance as to how to proceed. I have read all of the topics in regards to AA and Michigan I could find here and they are great. I am trying to decide the best game plan. What I am thinking right now is to file a motion to dismiss in lieu of answer. This is intended to put them on notice I am going to fight. I would then file my answer with request for jury trial and counter-claim (still a work in progress). I will add it below, looking for any suggestions. Also would the counter-claims and request for jury trial send me out of district court to circuit or federal court? 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? 3K and change 4. Who is the original creditor? (if not the Plaintiff) DELL FINANCIAL SERVICES / CIT ONLINE BANK 5. How do you know you are being sued? (You were served, right?) SERVED IN PERSON 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 was your correspondence (if any) with the people suing you before you think you were being sued? Recieved notice from AA in July 2012 that they purchased account and demanded payment in full. Sent DV in July, 2012 by normal post (I know). No response from AA. Recieved letter from Fulton Friedman & Gullace LLC in October 2012. Sent DV in October (certified). Recieved response early December from FG&G listing very little information other than CO, OC, 4 digits of OC account number, open date, last payment date, claim balance, interest due, and states that "Additional documents relating to the reference account have been requested". Last contact was when I was served on 02/12/2013. 9. What state and county do you live in? Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure if I ever did. They never gave me enough info to research. They claim last payment was 06/10/2009. Was opened on 04/20/2006 11. What is the SOL on the debt? To find out: 6 Years in Michigan 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served. Have about 11 days remaining to answer summons and complaint. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Yes. Sent one to AA at first notice. Sent second when recieved 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? VERIFIED COMPLAINT ACCOUNT STATED NOW COMES the Plaintiff, ASSET ACCEPTANCE, LLC, by its attorney, and for its Complaint against the above named Defendant(s), states to this Honorable Court as follows: The Defendant(s) resides within this court’s venue and venue is proper in this court. The amount in controversy is within this courts jurisdiction. The Defendant(s) has an agreement for a/an INSTALLMENT LOAN, originally with DELL FINANCIAL SERVICES/CIT ONLINE BANK. The Defendant(s) has defaulted in payments on the above mentioned account, said account being shown in the Affidavit. See Exhibit “A” (Affidavit) and “B” (Statement of Account not previously sent to Defendant). ASSET ACCEPTANCE, LLC purchased the account shown in the attached Exhibits “A” and “B” and was assigned all rights to the account in the normal course of business. ASSET ACCEPTANCE, LLC has notified the Defendant(s) of the above mentioned account and the Defendant(s) has failed to pay for same. There is presently due and owing over and above all legal counter-claims the sum of $3,XXX.XX which includes interest at the statutory rate. See Exhibits “A” and “B”. ASSET ACCEPTANCE, LLC requests Judgment for $3,XXX.XX plus interest, costs, statutory attorney fees, pursuant to MCL 600.2441.I declare under penalty of contempt of court that to the best of knowledge, information and belief that this is good ground to support the contents of this pleading. FULTON, FRIEDMAN & GULLACE, LLP THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. EXHIBIT “A” STATE OF MICHIGAN ) ) ss. COUNTY OF MACOMB ) AFFIDAVIT OF ACCOUNT I am an employee of ASSET ACCEPTANCE, LLC (“Plaintiff”), a DELWARE LIMITED LIABILITY COMPANY, and am competent to testify to the facts set forth in this affidavit. I am familiar with the manner and method by which ASSET ACCEPTANCE, LLC creates and maintains its business records pertaining to this account. These records are kept in the regular course of business and were created at or near the time of the event. To the best of my knowledge and belief and upon review of the records in my possession, [DEFENDANTS NAME] (“Defendant”) established an account with DELL FINANCIAL SERVICES / CIT ONLINE BANK herein under account number XXXXXXXXXXXXXXX-0025. That after establishing said account, Defendant(s) incurred charges and/or fees and/or interest upon said account. Defendant(s) defaulted on their payment obligations with regard to said account. Upon information and belief, Plaintiff’s predecessor(s)-in-interest performed all of the conditions of the contract required by said contract. Thereafter, Plaintiff purchased said account for value and is now the owner of said account. That as a result of Defendant(s) payment default, the Defendant(s) named herein is/are justly indebted to the Plaintiff in the amount of $3,XXX.XX together with interest at the statutory rate. Signed: GINA VINCI Notorized Dated 2nd November 2012. ============================== EXHIBIT "B" AA Logo/Letterhead Their account number 12-XXXXXX Original Creditor Account Number XXXXXXXXXXXXXXX-XX-0025 My Name My Address City, State, Zip Date Account Information November 2.2012 ASSET ACCEPTANCE LLC, A LIMITED LIABILITY COMPANY ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELEWARE. ASSIGNEE OF DELL FINANCIAL SERVICES/CIT ONLINE BANK Purchase Date: 06/xx/2012 Charge off balance: $3,XXX.XX Statutory interest rate: 5% Date of last payment: 6/9/2009 This is a communication from a debt collector * Not previously mailed. ==================================================== If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible): 1. Who are you suing? ASSET ACCEPTANCE 2. How old is the debt? Opened 4/2006. Last payment reported 6/2009 3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report? YES 4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion. NO 5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection? Recieved notice from AA in July 2012 that they purchased account and demanded payment in full. Sent DV in July, 2012 by normal post (I know). No response from AA. Recieved letter from Fulton Friedman & Gullace LLC in October 2012. Sent DV in October (certified). Recieved response early December from FG&G listing very little information other than CO, OC, 4 digits of OC account number, open date, last payment date, claim balance, interest due, and states that "Additional documents relating to the reference account have been requested". Last contact was when I was served on 02/12/2013. 6. What state are you in? MICHIGAN 7. What kind of debt is this? (credit car, auto loan, student loan). AA Claims it to be an INSTALLMENT LOAN which I think means it is an Open Account. 8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated... Still researching this. Will be posting my answer to the complaint shortly which will have this listed. Also trying to see how to tie this against their consent decree with the Feds.
  17. I'm reposting in this thread as things have changed and I hope to clarify for myself and others. All opinions are appreciated. Brief overview: 1. I'm in Ohio. 2. OC Fifth Third 2007-2008. 3. Debt $900. 4. Served by Asset July 2012. 5. Answered July 2012. 6. Mediation scheduled July 2012. 7. Filed MTC Arb August 2012. 8. Received discovery August 2012. 9. Mediation cancelled August 2012 on grounds that arb was elected. 10. MSJ filed by Plaintiff Janurary 2013 (included affidavit from an Asset "representative" with NO information not established in complaint. MSJ filed on the grounds that Defendant failed to respond to Discovery requests. Although the Plaintiff and the court received MTC arb prior to deadline. No hearing was set and no ruling was issued on MTC. It's my understanding that (in Ohio) the trial court cannot rule on underlying claim until there is a ruling on the MTC. It is also my understanding that this would be the grounds for an Objection to MSJ. In addition to this I have seen it suggested to argue subject matter jurisdiction as well as the issue of triable issues of material fact. Most, if not all, of the contributors here are very well versed in civil procedure parlance while others (me) are quite the opposite. I have been operating under the "C.A.S.E." method: Copy And Steal Everything That has worked great thus far. However, at this point, I am done slow dancing with Asset. They have produced no evidence. No bill of sale, no receipts, no contract, no nothing. I don't think they can even produce the full account number. They've re-dated my credit report and the affidavit they submitted is nothing more than hearsay. I want to hit them with anything and everything possible. I want the opposing council as well as the judge to know where I am coming from. I plan to object to MSJ using Cap One v. Collins as precedent, but I want MOAR! Can I file an affidavit to establish triable issues as well? I have no evidence either as I am unfamiliar with the alleged account. Breach of contract? FDCPA violations? Anything I can do to shut them down, I will do. This is where I need opinions most. Sorry for the length but I wanted to be as clear as possible. Any and all consideration is appreciated. Thanks