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Not my account/Asset got Judgement


tnt
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I need advice if anyone can offer any. Sorry this is long..

I live in MI. and I have gotten collection letters from Asset for about a year now saying that I owed $ on a Comerica account.

( I have NEVER had any kind of account with Comerica)I called Comerica and they had no info on this.

I sent several Validation letters CMRR to Asset starting with Last Jan., finally got a reply today with a computer print out that I could not understand. The last few weeks they keep calling a relatives # for me leaving messages.

I decided to call them today and told the person I spoke with I did not understand the print out at all, I told him I never had a Comerica account.

He said they bought the account in 1998, on the computer print out is say charged off in 1995. I tried to explain to him I have no idea what this is, I never had this account.

He said I had been making payments to Asset in 2003 then stopped. I told him NO I never made any payments.

He said it really did not matter now as to the question of Validation, it was when I was going to pay this. I told him I have sent them several letters and this was the first thing I got back from them with any of the account info.

Then he said something about a Summons, and I asked him what he was talking about he said I was served a summons on July 14th, 2004.And they sued me.

I asked how can they do that?

He said he didn't know what to tell me, call the court. I called the court and they did verify that Asset sued me and won and gave me the name of Asset's Att. that was on the papers. Tried to call her, got voicemail.

I was never served with anything. I never got anything from the court or Asset stating I was being sued/was sued.

I do have horrible mail delivery but it seems like something would of showed up, wouldn't they both have to send me something??

Also, I really did not ever have a Comerica account. But...I am thinking maybe my Mom had this account in my name? I know she had other things in my name I found out about, a Capital one account which I paid, and several Utilities. And if she was making payments to Asset on this and the payments stopped in 2003 that makes sense becasue she passed away. Or my Aunt who Asset keeps calling her # for me?? But I know if I ask her or if she knows anything about this she is going to say NO.

I have NO IDEA what to do.

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If I read the post correctly, it sounds like not only can you possibly get the judgment vacated due to the SOL, but you can sue the CA as well for violation of the FDCPA. If you have been sending DVs to them as of January and they never responded but then sued you in July, that is continued collection activity. I hope you still have the green cards to show proof that you sent the DVs and the CA received them.

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