mattclaeys Posted March 18, 2005 Report Share Posted March 18, 2005 I had disputed Asset with the CRAs at the end of January, they of course verified with the CRAs. I sent them a validation letter dated 2/28/05. Got a response from them, which was exactly what I knew it would be. They sent a copy of the information they had on their computers. They then asked for me to call to resolve the debt. I have a second dispute put in with the CRAs which they haven't responded to yet. Today I sent off a second letter clarifying that what they send me wasn't adequate. We will see what their response is now. I think I got them now for a FDCPA violation just for continued collection in their reply letter. They haven't yet verified with the CRAs yet, but I'm sure they will so we will get some FCRA violations. You would think they would stop doing what they know isn't adequate. Who knows, maybe they like getting sued. Link to comment Share on other sites More sharing options...
devil21 Posted March 19, 2005 Report Share Posted March 19, 2005 They do. Sue them in federal. If everyone who had Asset harrassing them sued, they would go bankrupt from attorney fees. If you have Asset on your reports SUE THEM! Link to comment Share on other sites More sharing options...
squeeky Posted March 24, 2005 Report Share Posted March 24, 2005 Asset Acceptance sued me for a credit card that wasnt on any of my credit files.....and won by default because they served me at the wrong address. Seem backwards? Link to comment Share on other sites More sharing options...
devil21 Posted March 24, 2005 Report Share Posted March 24, 2005 Did you do anything after that like get the judgment vacated for failure to serve process? Dont just take the default, fight them! If you fight they go away... Link to comment Share on other sites More sharing options...
mattclaeys Posted March 24, 2005 Author Report Share Posted March 24, 2005 Well, Today they verified the debt with Equifax, and if was removed from Experian Yesterday without me even disputing it. I'm a little confused as to why it disappeared from Experian with no effort on my part, but it is being repeatedly verified with Equifax. I will see if they respond to my letter sent last week. They still have the 30 days from the 4th of March to do something. After that I am going to send them my ITS letter, and file against them for their violations. Link to comment Share on other sites More sharing options...
squeeky Posted March 24, 2005 Report Share Posted March 24, 2005 Yes...as i mentioned, the judge ruled in their favor after everyone admitted I wasnt served. These guys wont go away.....this is a much more serious violation than we realize. Link to comment Share on other sites More sharing options...
devil21 Posted March 24, 2005 Report Share Posted March 24, 2005 Wait, so a judge still entered a default judgment against you eventhough he KNEW you had not been served????How do you know that? Link to comment Share on other sites More sharing options...
squeeky Posted March 25, 2005 Report Share Posted March 25, 2005 At the initial trial...., the judge knew they tried to serve me and here that is enough. When i filed a motion to vacate, with proof the credit card wasnt on any of my credit files, and that the lawyers had garnished my wages at a firm i never worked for, I lost the motion to vacate. In short....I lost because i didnt have a lawyer, but the suit was for $400 and the lawyer wanted $500 for the motion. Link to comment Share on other sites More sharing options...
devil21 Posted March 25, 2005 Report Share Posted March 25, 2005 Tried to serve you? Were you in hiding? If you could have reasonably been found, the plaintiff has the duty to exercise all remedies to locate the defendant before giving up on service and attesting to it (should have been in affidavit form that a judge has to sign off on....verbal doesnt count). Id look over that case again if for no other reason that to know what not to do next time. Link to comment Share on other sites More sharing options...
squeeky Posted March 25, 2005 Report Share Posted March 25, 2005 Nope....wasnt hiding. The court said that because they tried to serve me, that was good enough for him. If thats the case......cant a process server serve you when he knows you wont be home......like during the day when you are at work? Then the law firm will be guaranteed a default judgment every time.Just a coincidence....but a few years ago some thugs tried to steal my friends truck outside of a restaurant....in front of 5, yes 5, undercover cops who were there becasue that was common then in this area. I swear it was this judge becasue I was a witness.....but it was a long time ago. Anyways the case was thrown out after a year or so with 5 police offices as witness, and the crooks had priors.And there wont be a next time, this whole case was initiated by identity theft. Link to comment Share on other sites More sharing options...
devil21 Posted March 25, 2005 Report Share Posted March 25, 2005 That sucks, Im sorry to hear it. If you want to help ensure the judge doesnt do it again find out who oversees judicial misconduct in your state and/or county and file a complaint regarding the judge's tactics. Link to comment Share on other sites More sharing options...
squeeky Posted March 26, 2005 Report Share Posted March 26, 2005 Nah...Im not feeling like taking on a Judge too....actually he is more of a wimp. Like Lance Ito back in the day....he lets the lawyers run the courtroom. If I had one...it would be different. I think the guy who stole my friends truck turned his life around and became a collection agent....or did he? Who gets more girls a car thief or a collection agent?????????? Link to comment Share on other sites More sharing options...
devil21 Posted March 26, 2005 Report Share Posted March 26, 2005 Car thief Im sure....I can see it now:"So what do you do for a living?""Im a debt collector""So you take food out of poor baby's mouths?"LOL, no nookie for you tonite. Link to comment Share on other sites More sharing options...
gdouglaslee Posted March 26, 2005 Report Share Posted March 26, 2005 I had disputed Asset with the CRAs at the end of January, they of course verified with the CRAs. I sent them a validation letter dated 2/28/05. Got a response from them, which was exactly what I knew it would be. They sent a copy of the information they had on their computers. They then asked for me to call to resolve the debt. I have a second dispute put in with the CRAs which they haven't responded to yet. Today I sent off a second letter clarifying that what they send me wasn't adequate. We will see what their response is now. I think I got them now for a FDCPA violation just for continued collection in their reply letter. They haven't yet verified with the CRAs yet, but I'm sure they will so we will get some FCRA violations. You would think they would stop doing what they know isn't adequate. Who knows, maybe they like getting sued.Continued collection activity? How do you figure that? Link to comment Share on other sites More sharing options...
devil21 Posted March 26, 2005 Report Share Posted March 26, 2005 When Asset sends its Account Statement in response to DV, the cover letter tells you to call them to resolve this issue. It also says on the Account Statement to "Make payments to ASSET ACCEPTANCE LLC". Telling you to call to resolve the debt is CCA. This whole thing reverts back to whether a response to DV is proper validation. Asset's Account Statement was not obtained from the OC so it doesnt qualify as validation. Im still trying to get a grasp on Chaudhry..... Link to comment Share on other sites More sharing options...
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