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Violations? yes or no


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Hi

Got a summons via USPS on a collection from Asset Acceptance LLC. Was given a 28 day time frame to respond. I responded but was not informed and basically I said that I would pay in increments of $50 monthly and sent a payment with the letter. They called and said that if I did not settle, they would bring me to court and get a judgement for the full amount. My only options. So, I started researching. I first got CRs from the big 3 and found that they pulled my CR in April of this year. (#1)

I called the OC and found that they sold the account to Asset in December of 2002. But the CRs show Asset reporting in September 2002. (#2) The summons was sent along with a complaint that states that Asset is the ASSIGNEE of TARGET. First, I never had a credit card with Target it was with Marshall Fields which is affiliated with Target under Retailer's National Bank. (#3) And, I was told that the account was sold not assigned. (#4, FCRA 604?) Then in the AFFIDAVIT it states that the Plaintiff is the assignee of Target and that Asset the Plaintiff having purchased said credit card from said assignor is the owner and the proper party to bring this action.

Should I just settle since I have waited so long to research this problem or do I have grounds for something more.

Please respond.

Thank you.

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Hi

Got a summons via USPS on a collection from Asset Acceptance LLC. Was given a 28 day time frame to respond. I responded but was not informed and basically I said that I would pay in increments of $50 monthly and sent a payment with the letter. They called and said that if I did not settle, they would bring me to court and get a judgement for the full amount. My only options. So, I started researching. I first got CRs from the big 3 and found that they pulled my CR in April of this year. (#1)

I called the OC and found that they sold the account to Asset in December of 2002. But the CRs show Asset reporting in September 2002. (#2) The summons was sent along with a complaint that states that Asset is the ASSIGNEE of TARGET. First, I never had a credit card with Target it was with Marshall Fields which is affiliated with Target under Retailer's National Bank. (#3) And, I was told that the account was sold not assigned. (#4, FCRA 604?) Then in the AFFIDAVIT it states that the Plaintiff is the assignee of Target and that Asset the Plaintiff having purchased said credit card from said assignor is the owner and the proper party to bring this action.

Should I just settle since I have waited so long to research this problem or do I have grounds for something more.

Please respond.

Thank you.

If they sent you a summons, (meaning a court date is mostly likely on the books) it's kinda late to do a DV. However, you can countersue for all the proof required via a debt validation. If it's still within the timeframe, or even if it isn't, you can still file your response before the court date. I would ask for proof of everything they say they have. Go into the sticky on being sue above for appropriate responses.

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