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Help in Florida....... Scared.... At a lost!


Dru
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Can someone give me some advice…….. I’m scared out of my wits! My wife was summoned to ‘Civil Court’ over a credit card debt from about five years ago. The plaintiff “Acceptance Group’ or something like that is apparently a bunch of attorneys that work/own a collection agency.

My wife agreed the debt was hers, judge basically said before court began that an agreement would be made between the defendants and plaintiff on the amount to be paid, if that could not be met a ‘Judgment’ would be issued. Well the amount the attorney wanted my wife to pay is $421 dollars a month. Well I guess it’s ‘Judgement’time as we can’t afford $421 dollars a month.

My question is, what does a judgment consist of? What is it? What can they do or take? We rent a home have two cars in both our names, one’s paid off. And we both work full time with a joint bank account!

Anyone have any advice or what to expect when it comes down to a judgment?

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Sry I have no advice exactly. But you mention it was "about five years" old. I dont know if it is possible at this stage in the game but if it is older than 5 years it might be past the statute of limitations.

Just throwing that out there.

Someone more knowledgeable will help I'm sure

Okay thanks...... Hope others can help. :)

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Can someone give me some advice…….. I’m scared out of my wits! My wife was summoned to ‘Civil Court’ over a credit card debt from about five years ago. The plaintiff “Acceptance Group’ or something like that is apparently a bunch of attorneys that work/own a collection agency.

My wife agreed the debt was hers, judge basically said before court began that an agreement would be made between the defendants and plaintiff on the amount to be paid, if that could not be met a ‘Judgment’ would be issued. Well the amount the attorney wanted my wife to pay is $421 dollars a month. Well I guess it’s ‘Judgement’time as we can’t afford $421 dollars a month.

My question is, what does a judgment consist of? What is it? What can they do or take? We rent a home have two cars in both our names, one’s paid off. And we both work full time with a joint bank account!

Anyone have any advice or what to expect when it comes down to a judgment?

Do you mean Asset Acceptance? Don't ever let anyone say they owe something to a 3rd party collector until the debt is proven. Always, deny their debt related allegations and demand strict proof from a 1st person familiar with the alleged account and sworn under penalties of perjury by a registered notary. Always demand that person be a confidant fact witness to the account in court. Anything else is hearsay! IMHO

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Can someone give me some advice…….. I’m scared out of my wits! My wife was summoned to ‘Civil Court’ over a credit card debt from about five years ago. The plaintiff “Acceptance Group’ or something like that is apparently a bunch of attorneys that work/own a collection agency.

My wife agreed the debt was hers, judge basically said before court began that an agreement would be made between the defendants and plaintiff on the amount to be paid, if that could not be met a ‘Judgment’ would be issued. Well the amount the attorney wanted my wife to pay is $421 dollars a month. Well I guess it’s ‘Judgement’time as we can’t afford $421 dollars a month.

My question is, what does a judgment consist of? What is it? What can they do or take? We rent a home have two cars in both our names, one’s paid off. And we both work full time with a joint bank account!

Anyone have any advice or what to expect when it comes down to a judgment?

Do you mean Asset Acceptance? Don't ever let anyone say they owe something to a 3rd party collector until the debt is proven. Always, deny their debt related allegations and demand strict proof from a 1st person familiar with the alleged account and sworn under penalties of perjury by a registered notary. Always demand that person be a confidant fact witness to the account in court. Anything else is hearsay! IMHO

Yes asset acceptance........... So where should we go from here, now that shes said the debt is her's? Wish I had known this before court..... :cry:

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Based on the info you have given, your wife has already been sued, been to court and has agreed to the debt. Is that not correct? From this point you should engage the services of an attorney to mitigate the damages or to determine whether or not you could get out of paying anything on SOL grounds. As a last resort you could file Chapter 13 and probably have AA purged completely. AA is both a collection agency and a JDB. They tend to add some pretty heavy duty interest and penalties to bolster their bottom line. They seem to be getting away with it.

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I agree with ghacorp that you need a lawyer if you can afford one, but, if I read your first post correctly...the judge has NOT as yet issued a a judgement. You should be able to fight this on FDCPA grounds as a "least sophisticated consumer" not realizing that you had the right to request verification before agreeing to anything AND that you didn't know about the SOL.

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I agree with ghacorp that you need a lawyer if you can afford one, but, if I read your first post correctly...the judge has NOT as yet issued a a judgement. You should be able to fight this on FDCPA grounds as a "least sophisticated consumer" not realizing that you had the right to request verification before agreeing to anything AND that you didn't know about the SOL.

Yes that's correct..... A judgement has not been issued......... It will be issued if you a) miss a payment or simply don't pay or B) at the time of the court appearence tell the attorney for the defendant that you can't pay that much a month!

I swear it's almost as if AA and the courts are in each others pockets.....

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Based on the info you have given, your wife has already been sued, been to court and has agreed to the debt. Is that not correct? From this point you should engage the services of an attorney to mitigate the damages or to determine whether or not you could get out of paying anything on SOL grounds. As a last resort you could file Chapter 13 and probably have AA purged completely. AA is both a collection agency and a JDB. They tend to add some pretty heavy duty interest and penalties to bolster their bottom line. They seem to be getting away with it.

Yes that is correct........ been sued, court and agreed to the debt......... I must admit we've never been through anything like this before so (she at least) was a little on the scared side!

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Ignorance of the law is not a defense in court! The FDCPA cannot help much at this stage and you should either contact an attorney or get the checkbook ready! If the matter has not been adjudicated, then find out if you can request a continuance for Discovery, etc. AAC tends to make some outrageous slash & burn offers if they see challenges ahead where they could concievably lose or have to outlay lots of money to prevail. Again, you should consult with an attorney!

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SOL won't help you, with it being within and all. The tactic I would take is to attack not the debt, but Asset's Standing to collect the debt and to testify to matters pertaining to the debt.

Asset cannot testify to any matters pertaining to the debt, because they do not have any direct knowledge. Anything they have to say is hearsay. Also, I would find out what they paid for the debt. Look up "innocent purchaser of value" with the search feature and you will see we have had previous threads on this. I think you are in over your head though and I would recommend an attorney, unless you want to pay.

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