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lawyer help;asset sued


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I am new here so please don’t yell at me for the mistakes I’ve made so far. I have been lurking here for about a week now.

Asset Acceptance has sued me, and a judgment was entered on April 23, 2004. Have not had my wages garnished, as I do not have a job. The suit was against myself and my spouse, although he was never served. He does have a job and our home is in his name. Our bank account is joint. This is very stressful to both of us. :(

Details: I received two letters from an attorney’s office saying the account had been referred to them from Asset Acceptance. The first letter was demand for payment dated 9/9/2003. The 2nd was an Intent to sue letter dated Feb 3, 2004 that I received on Feb. 7, 2004. I called the attorney’s office on Feb. 12, 2004 and set up a payment arrangement of $115 per month beginning on Feb 28th. This was done via automatic debit of my checking account;(Stupid, I know now) all other payments were mailed in. The lady said she would be sending out papers for me sign and notarize, stating the arrangement. I did not receive a confirmation letter of our agreement from attorney’s office until March 6, dated March 4th stating our phone conversation agreement of March 3rd for payments to begin on March 28th, even though I had already started making payments on Feb. 28th. Needless to say I never received the papers, & every time I contacted the lady, she had some excuse as to why they were not sent out (such as: our lady that does that is no longer with us/ we have been very busy and are behind in our work— :roll: dumb excuses that in any other office you would be fired for saying to a client)

I still received summons :shock: (two separate times, both with my name) for the same debt, one on Feb16 and one on March 22. I did not respond to /answer the summons as the person I spoke with at the law office said she would contact their attorney and inform them a payment arrangement had been made and the suit would not be pursued. I was told this on our first conversation (I Know, never trust a CA/Attorney). I continued to make 4 more payments. The date they filed suit according to summons was on 1/15/04 and was filed in county court on 2/10/04; Default judgment was entered on 4/23/04. I know now that I should have answered the summons but that was before I found this great site.

After visiting another site forum, I sent the lawyer a Cease-Com letter on May 29, 2004 via CMRR, which they signed for. I also sent a Cease com letter to Asset Acceptance. I have sent no more payments, since they were not being applied to my balance and I asked for the Cease communications. They have not contacted me anymore. I contacted Asset for DV on July 10, 2004 CMRR & they have not responded to my letter but continue to report it as 120 days past due on my Credit report. In the meantime I found they had received a default judgment against me, (accidentally, by searching court records on another matter; no letters informing me of the judgment), but they have not taken any action yet. The original account was Citibank, charge off date of 12/1999; date of last activity 9/1999. On the account statement from Asset received with summons and in credit reports Asset shows DOLA as 9/21/00 and charge of date as 2/04/00. My last payment to Citibank was 9/20/99. SOL is 5 years in Missouri.

1.Can I still file a motion to vacate on the grounds that I was led to believe suit would not be pursued and a settlement had been reached? Is there still time? I live in Missouri.

2.Can I counter sue on any violations? Or should I just call the BOZOs and try to settle for delete?

3.Why did they agree to payment arrangement when they had already filed suit?

Any Help is greatly appreciated. thanks

:)

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I suggest you submit this information to Mr. Edelman at www.edcombs.com. They will review this at no charge to you and if they feel this is actionable (I think it is) they may take up your claim and sue the bastards for you. At the very least this will get the default judgment entered against you overturned and may also get you some $$ to off-set your own liability.

The blunt is you made payment arrangements and kept up with them as per the agreement and the CA/Lawyer sued you anyways. True you made mistakes in how this was handled, but you were also deceived by the lawyer's staff when they told you that they would drop the suit since you were paying. This led you into the false belief that you would not need to respond to the summons. All these tactics are prohibited under the FDCPA.

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  • 1 month later...
SOL is 5 years in Missouri.

SOL is 5 years in MO??? I live in MO too and back in 95 I had a car repo'ed. While this doesn't show on my CR any more, I still keep getting these "offers" for credit cards to pay back this supposed "dept". Of course I keep ignoring these and shredding them as soon as they come in. The last I had heard Capital One had purchased this. Course that was over a year ago.

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