Jump to content

I need HELP dealing with AAC PLEASE!!!


Anonymous
 Share

Recommended Posts

Hi,

I'm really new at this, so I'll try to make this short. In 1990 My husband and I obtained a loan with ITT Financial. In 1992 ITT was sold or went out of business (we never did find out exactly) In June of 1994 we started getting collection letters. Every time, I would write back and ask for proof that we owed them the money. After another year goes by and Household Finance claims that we owe THEM the money now. Again I ask for proof, This time I do get a copy of my original contract (WooHoo, anyone could have found it in the trash or something) I wanted real proof! Aftter 6 months or so House hold decides to sue us. Well, we were never served so we did'nt show up for court and they won a default judgement. We had that Vacated, and they attempted to sue us again in May of 1995. We asked for proof again, and mysteriously they dismissed the suit. It is now 2000, and up pops A** et Acceptance. I sent them a validation letter, and exactly one year later they sent me a summons. My question is Now what? Thanks in advance for any help. This has been a great sight.

Link to comment
Share on other sites

What is the Statute of Limitations in your State? If A$$et's suit was after the date of last activity, the suit is timebarred. Vacate it.

If, in fact, A$$et sued you in 2001, were you served? If no, get it vacated.

Did you ever receive proper validation? If no, they have violated if they sued. Look for the Spears v Brennan in this site. It is mentioned in different posts and I can't remember the exact ones.

Call your county court house and see if there is a record of a judgment against you. Remember, they have to sue you in your county of residence.

You also want to go to EdCombs.com and look at their site. In one section they are asking for info on different CA's and debt buyers. A$$et is one of them. Email them with a little history and they will respond asking for more info. Give it to them.

Don't give in to them until you have covered all angles, then go after them.

[Edit by retmar on Tuesday, March 4, 2003 @ 01:09 AM]

Link to comment
Share on other sites

Unfortuneately in Ohio the statute is 15 years. Asset tried to revive a suit that had been vacated in 1995 in Portage County. They did not get anywhere with that suit, so now they are trying to file suit in a different county. Also those bastards have reaged this account from 1993 (the original date) to showing it was opened in 2000. I'm trying to find out more violations, then I'm going to nail them!

Link to comment
Share on other sites

That's a B#$%^. Just keep doing what you are. Document everything you can. Especially, you want to keep all info as to the reaging and the earlier dismissal Hopefully, you will have enough to scare them away.

Almost forgot! Did the dismissal come with a "with prejudice" or "w/o prejudice". If it came "with", they can't refile. Someone senior correct me if I am wrong, please.

[Edit by retmar on Tuesday, March 4, 2003 @ 06:41 PM]

Link to comment
Share on other sites

In the continuing saga of A$$et Acceptance and me , I was reading the summons we recently received and have to answer to, the exact wording says "Asset Acceptance LLC is now the owner of said judgment and is the proper party to render execution thereon." If those morons had done their homework they would have found that we applied for a motion to vacate, and WON! So technically speaking they bought NOTHING!!! I think I have them on about 10 violations and they are still racking up.

Get this: they sent me a list of other "deadbeats". Isn't that illegal? I'm half tempted to post that list here so if anyone is being harassed by A$$et they may have grounds to sue. Can I do that?

Also under what laws govern A$$et, the FDCPA or the FTC or both? Also can anyone tell me the article number for reaging. I've been able to find everything else but that. Thanks everyone for all the help. Diana

Link to comment
Share on other sites

Oh yeah. Making a list of debtors is a huge violation, not only of the FDCPA, but probably also the Gramm-Leach Briely Act regarding privacy !!! Gawd.. keep that 'list' !!

FDCPA:

§ 806. Harassment or abuse [15 USC 1692d]

A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 603(f) or 604(3)1 of this Act.

FCRA:

§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

© Running of reporting period.

(1) In general. The 7-year period referred to in paragraphs (4) and (6)(2) of subsection (a) shall begin, with respect to any delinquent account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action.

So, if they change the dates, re-aging the debt, it is a violation !

[Edit by LadynRed on Wednesday, March 5, 2003 @ 09:08 AM]

Link to comment
Share on other sites

Something just sounds wrong about this situation. Granted CA's don't have the brightest lawyers working for them but you'd think they'd know the difference between a lawsuit and the execution of a judgment.

Were I you, I'd go to the courthouse or, courthouses involved in this saga and see if they managed to sneak a judgment in on you. I'd also demand from AA's lawyers a copy of the judgment. I just don't see how you can respond to a summons on a matter that has been{supposedly} reduced to a judgment. Seems like a blanket denial would be in order.

Link to comment
Share on other sites

As a matter of fact I went to the court house this morning and got copies of everything they had pertaining to this case. I have the vacated judgment right here. Now the bastards have changed venue to another county. I have them on so many violations though, it's not funny. Some of those violations are reaging, the list of other debters, false documents, non validaion etc...etc...Question...Do I enter a counter suit or wait and hit them after this is over with?

Link to comment
Share on other sites

What was the ruling from the vacated judgment? Was it just one of those "Plaintiff's motion for judgment is DENIED and shall take nothing by this action" types? Any other notes or anything that got it vacated?

Don't know if the 15yr SOL you referred to above is for judgments or for the underlying debt itself? If it's for judgments, I think you've got grounds for dismissal based on their collecting a stale debt....which, by the way, is another tick for the FDCPA Deceptive Practices count.

For the filing of the judgment looks like improper service too. If they're not filing in the county of which you live, it's improper and shouldn't even be heard. Moreso, if you weren't properly served and I'm sure they have your correct address if you've been in correspondence with them beforehand.

If an action is filed, defend and deny their crap, file a countersuit and list the merits of your case and your own prayer for relief as well. The payday is in the actual damages, so list them since they are liable for them by statute.

SIC EM' ;)

[Edit by IronMan on Thursday, March 6, 2003 @ 12:30 AM]

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.