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  1. @BV80 This was filed yesterday in US District Southern District of California. https://files.consumerfinance.gov/f/documents/cfpb_encore-capital-group-et-al_complaint_2020-08.pdf Consumer Financial Protection Bureau Sues Debt Collectors and Debt Buyers Encore Capital Group, Midland Funding, Midland Credit Management, and Asset Acceptance Capital Corp. WASHINGTON, D.C. — Today the Consumer Financial Protection Bureau (Bureau) filed a lawsuit against Encore Capital Group, Inc. and its subsidiaries, Midland Funding, LLC; Midland Credit Management, Inc.; and Asset Acceptance Capita
  2. Can someone please answer this question? If the proof of service documents say that I was personally served but wasn’t served at all, grounds to have a judgment vacated even though I still resided at the address? Proof that I wasn’t personally served is in the documents they filed. Forged signatures. I was sued by PRA and Asset Acceptance/Midland Funding several years ago. Default judgments awarded to both of them because I didn’t appear in court. I wasn’t personally served like the proof states. Both PRA and Asset Acceptance filed proof of service, using the same process s
  3. I happened to be at my parents house yesterday (friday june 9) and opened up what seemed like a innocent white envelope addressed to me. Turns out it is a Citation to Discover Assets to a Third Party. The third party is US Bank, where I have my personal checking and savings account. Both have either been frozen or cleaned out by Asset Acceptance, I have recently discovered. The court date is this Tuesday (June 13) I cannot make this court date, but need information hopefully by Monday so I can figure out what to do. This is really difficult with it being a weekend! The debt is over
  4. More information can be found here: http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ Consent Orders can be downloaded here: http://www.consumerfinance.gov/administrativeadjudication/ Encore Capital, and their cohorts Midland Funding, Midland Credit Management, asset acceptance, and in a separate action Portfolio Recovery Associates (PRA) have been reprimanded by the CFPB. This includes paying restitution to some debtors which have been sued, or have paid on accounts to Encore, Midland et. al.
  5. So, here is my issue. I received an Alias Summons via CMRR from our county clerk. Seems that Asset claims to have purchased a Beneficial retail account that has an outstanding balance of 9377.00. The affidavit from Asset's Heather Andrus goes along the lines of: 1. I, HA, am an employee of AA,LLC and am competent to testify to to the matters stated herein. 2. I am familiar with the manner and method by which AA, LLC creates and maintains its business records, including computer records of its accounts. 3. AA,LLC business records demonstrate that AA,LLC purchased the receivable at i
  6. 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 senten
  7. I posted yesterday in a thread about standing that I had written some posts about standing and offered to send the poster the link via PM. I got a lot of other requests via PM and questions about standing. So, I decided to take everything in various posts in reference to standing and put it into one post about standing. As always, it's my opinion, how I see the law and the issue of standing, and my personal experiences. It is in no way legal advice or 100% fact and undisputed. It is my opinion and how I see the issue of standing. I am not an attorney and have never step foot in a law sch
  8. Well, after I filled my Answer to their MSJ, in which I also requested a hearing for the ruling. Which, surprise, surprise, it was not given. The Justice of the peace here where it was filed has been Pro Term now for over 8 months. Anyways, I filled the Answer to their MSJ on Oct. 13, 2014. Today I got the Order of Judgment dated on November 30, 2014. What totally amazes me is how the Justice of the Peace, here into referred to as DipS h i _ of the Peace or DSOTP! He states, ""finds the pleadings on file and Affidavits submitted establish that there is no genuine issue of material fact and Pl
  9. 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 th
  10. Please read the post here. I think I found something really good that may help others as well. I just need to know what to include so as not to allow Midland/Asset to come back with updated paperwork that changes anything. Here is the link... Thank you all. http://www.creditinfocenter.com/community/topic/324806-answering-msj-arizona-procedural-question-please/
  11. 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
  12. As we all know midland bought out asset. i have an open case with asset and recieved a sort-of dunning letter from midland informing me they were taking over the case. some notable features of this letter: -they informed me 'the account wiill be handled directly by MCM as servicer for asset acceptance, thru its internal legal dept. MCM's in-house counsel has filed or will be filing a substitution of attorney with the court. The back says "As the owner of this account, but subject to the rights below Asset Acceptance LLC is entitled to payment of this account". - Is this considered to be a 'S
  13. 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
  14. any strategies on dissuading them from filing suit again? i dont want to rub their noses in it (well, yeah i do) but want to make it clear they understand what theyre getting into
  15. Hi there, I am new here, but, know from reading the posts on this forum, that I am in the right place to get the help I need. I am so very impressed by the extensive knowledge of the members on legal issues. After many sleepless nights, you have given me hope that I can get through this situation. Here's my issue: I am being sued by a JDB (Asset Acceptance & Midland) in the NJ Special Civil Part Court, with trial date a week and a half away. First, I made sure to answer the complaint by the Court's deadline. Then, I received and answered interrogatories. I then sent Request for Admissi
  16. Yes, you read the subject line, and its true...read on: First of all, you should all know that one of the Forum members has been helping me throughout this case, much kudos goes to him! Some of the below are excerpts from messages I have sent him. All of this actually started back last January, but no suit was filed by Midland until June. So far I have weathered their MSJ (denied!!!), the prelim trial, and the trial itself. The trial date was December 3rd at 2PM, I of course arrived early and went into the courtroom at 1:55. There were some criminal cases still ongoing, and those did not
  17. Think I posted this in the wrong forum originally, sorry! So I have spent literally 40 hours + reading all the amazing information on this web form (and a couple others) and decided that I am going to start a thread for those of us in Minnesota (pocket docket cluster F) and my experience in particular with Asset Acceptance as well as to ask the community for some help. Cliffs: Old CC that was paid off, they never closed the account after paid in full Didn't catch til almost $1,800 in fees/non-payment penalties etc racked up Fought with Wells offered to pay debt less interest/fees *($900)
  18. Hi All, I've been away for a bit but need to get some help with something. The most recent activity on my case was that I went to a pre-trial conference. The JDB lawyer basically wanted me to release my bank statements and I refused. We are still in the discovery window and I have been busy with other things, but have been religious about checking the mail. Nothing has come until today. Today I received a Request to Submit for Decision for Discovery issues. In it they state that they served me a statement on June 19 2013. I never got this statement. What do I need to do to fix this? Her
  19. I have been contacted by a CA over an alleged credit card debt of $15,000.00 + this is now the third CA that has contacted me over this alleged debt. I requested validation and received a generic reply listing the date they purchased the debt, the OC's name Etc. This will be past the SOL in just under a year. At this point should I just wait it out and ignore any contact by the CA in hopes that the SOL will pass before a suit is filed. Based on the amount I am assumiming that the CA will file suit, but was wondering if anyone out there with a similar situation has had the SOL pass and not be
  20. Hello to all, I've been under siege by JDBs for a few years now. Until recently I didn't think I had any recourse but to bend over and take it. I stumbed accross this site while settling with another JDB and have decided that enough is enough. I won't be bullied by these companies any more. I've been reading this site for about a month now as well as doing research. The information contained here is invaluable. I've started this thread to get some advice as I prepare to fight back Starting with the questions: 1. Who is the named plaintiff in the suit? Asset Acceptance, LLC 2. What is th
  21. My wife recently received a summons to appear in small claims court in DeKalb County in Illinois. The Plaintiff in the case is Asset Acceptance, LLC. I did some research and came across the post by "Spikey" detailing his experience with these guys in Illinois. I'm really new to this type of thing and was confused by some of the wording in Spikey's posts on the subject. If you guys can help us, we'd really appreciate it. 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.) F
  22. So I got the summons on 2/13 and I've done some research but the deadline is coming quick. Any help would be so much appreciated. I'll follow the format for posting. 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.) -- It just has the names of the attorneys. I'm unsure if it's a good idea to post their names. LMK if it's important to know 3. How much are you being sued for? -- 2XXX+ 4. Who is the original creditor? (if not the Plaintiff) -- Dell Financial Services / Ci
  23. I'm starting this thread as mainly a sanity check and to ask questions. I've dealt with Johnson Mark before, however it was several years ago. In that case the amount was so small that once I answered and started discovery I think they decided it was more trouble than it was worth. In that specific cases I threw the laundry list of Affirmative Defenses at them (23 total) From what I have been reading over the past few days, it sounds like that probably isn't the best way to go. My main concern right now is making sure that I don't hang myself with any affirmative defenses. Thanks in advance f
  24. 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.
  25. Hello all, I have been researching my case a lot and with much help from people on here have filed a motion to strike the generic affidavit of account included in asset acceptances initial complaint against me. I wrote out the motion and then a reply after the prosecutions attorney filed their objection. The judge recently denied my motion. Here is what he wrote: "Motion is denied. The affidavit is not evidence but only an attachment to complaint." That is all the prosecution has provided in terms of evidence and then a couple days later I get hit with a motion for summary judgement. Can som