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Need Some Advice in Florida........


Dru
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Last Saturday a ‘process server’ delivered for my wife a summons for a pretrial conference, asset acceptance being the plaintiff, with the humpback gnome attorneys in brandon,fl the driving force I guess. But this is the second time my wife is being sued by these loving folks, the first one was in November in ‘05........ The ended up garnishing her wages but failed to do something in a timely matter, the garnishment was judicated (I guess that’s the right word). And now they are in the process of trying to garnish again with the first case.

So now last Saturday the process server, shows up, at my three year olds birthday party no doubt, and serves new papers for a different case (Nothing to do with the first one).

I’m looking through the packet of info, trying to keep it from my wife for now, and there is a ‘Statement of Account’............. It shows the charge off date as 12/27/01. I was told, by the process server of all people that the SOL was up. Is this the case? If so what do we need to do now! Is there anything we can do for the first case as well............ They didn’t leave us much time to do anything IMO the court date is Jan 2.

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Are you so sure? Asset Acceptance's First lawsuit was in November 2005. Now Service for this second lawsuit December 2006, 13 months later. I am highly suspicious. It appears to me that the two lawsuits are awfully close together, to not be related.

Look hard. Is there anything at all, such as an Identifying Account Number by the Original Creditor (not Asset Acceptance Ref.#) with the Statement of Account to compare with the information in the November 2005 lawsuit?

Better yet, look at her old Credit Reports. This alleged Credit Card debt should still be Reporting by the Original Creditor for $0, and by Asset Acceptance for $xxxx, until 06/2008 or 12/2008 depending on the Credit Reporting Agency, and if the information provided in the Summons is complete and accurate.

You do not have to answer, but I must Ask:

1. Did she do her homework for the first lawsuit?

2. Had the SOL expired there too? I wonder!

Remember, "you have NO rights, if you don't KNOW your rights."

3. How did Asset win a such a judgment?

4. Did she File an Answer in the first lawsuit?

5. Were there any FCRA violations she could have counterclaimed?

Asset Acceptance is known for FCRA and Florida Consumer Collection Practices Act (FCCPA) Violations.

6. Did she even Appear for the court hearing?

Suggestion: You should research the laws for Garnishment in Florida. There are some strict laws governing Garnishments, Florida Statutes, Chapter 77. Her wages may be exempt.

And finally, she does not need much time to prepare for the January 2, 2007 Court Hearing. Perhaps, she may want to review some Credit Reports. Asset made it very easy for her. According to their own incomplete information, her Defense is the "SOL Expired December 2005." however, she must appear in Court and tell this to the Judge. It is not automatic and Asset will not mention it.

Good Luck with this.

Happy Holidays xcanex xcanex xcanex

June

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Assuming the cases are not related, you will need to appear at the pretrial conference. It is fairly informal as court cases go. Your case will be called and ALL the judge will ask is "Is this debt yours?" If you say yes, they will set you up in the hall to negotiate payment. Since this is outside of statute, I would start with that. When he asks if this debt is yours, answer along the lines of....

Even if it were, it is out of statute.

or

With all due respect, your honor, this debt is out of statute.

or

I don't owe this debt. (Because technically you no longer do.)

DO NOT admit you owe it. These judges are in assembly line mode. The moment you say you owe it, they send you out.....it is a done deal. The judgment goes to plaintiff (unless your payment arrangements say no judgment if you keep your agreement to pay).

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Are you so sure? Asset Acceptance's First lawsuit was in November 2005. Now Service for this second lawsuit December 2006, 13 months later. I am highly suspicious. It appears to me that the two lawsuits are awfully close together, to not be related.

Look hard. Is there anything at all, such as an Identifying Account Number by the Original Creditor (not Asset Acceptance Ref.#) with the Statement of Account to compare with the information in the November 2005 lawsuit?

Better yet, look at her old Credit Reports. This alleged Credit Card debt should still be Reporting by the Original Creditor for $0, and by Asset Acceptance for $xxxx, until 06/2008 or 12/2008 depending on the Credit Reporting Agency, and if the information provided in the Summons is complete and accurate.

You do not have to answer, but I must Ask:

1. Did she do her homework for the first lawsuit?

2. Had the SOL expired there too? I wonder!

Remember, "you have NO rights, if you don't KNOW your rights."

3. How did Asset win a such a judgment?

4. Did she File an Answer in the first lawsuit?

5. Were there any FCRA violations she could have counterclaimed?

Asset Acceptance is known for FCRA and Florida Consumer Collection Practices Act (FCCPA) Violations.

6. Did she even Appear for the court hearing?

Suggestion: You should research the laws for Garnishment in Florida. There are some strict laws governing Garnishments, Florida Statutes, Chapter 77. Her wages may be exempt.

And finally, she does not need much time to prepare for the January 2, 2007 Court Hearing. Perhaps, she may want to review some Credit Reports. Asset made it very easy for her. According to their own incomplete information, her Defense is the "SOL Expired December 2005." however, she must appear in Court and tell this to the Judge. It is not automatic and Asset will not mention it.

Good Luck with this.

Happy Holidays xcanex xcanex xcanex

June

I'm guessing the cases are different, Different dollar amounts owed, etc. She will have to do her homeowrk on that one.......

She did appear for the court hearing on the first one, and admited that it was hers...... She was scared not knowing what was really going on & before we found this forum. But the payments they demanded where ungodly huge!!!! Which was how the garnishments started, even after she talked to them few times about reducing the payment amounts..... I guess AA was okay with it but apparently some attorneys in brandon florida weren't!

She's going to obtain copies of credit reports next week.

But to answer your questions:

1) No she did not do her homework before the first case....... We've/she has never been faced with anything like this before, this is debt left over from before marrage (credit cards)

2) No the SOL had one more year I believe?

3) She admited to the debt.

4) Not sure what you mean?

5) I'm sure.....

6) Yes she appeared for the court hearing.

I have an old post floating around the forum somewhere from last year I will dig it up, pertaining to the first case!

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5. Were there any FCRA violations she could have counterclaimed? Asset Acceptance is known for FCRA and Florida Consumer Collection Practices Act (FCCPA) Violations.
5) I'm sure.....

It may not be too late. She has 2 years to bring legal action for FCCPA claims. Not really sure about FCRA claims.

I have an old post floating around the forum somewhere from last year I will dig it up, pertaining to the first case!
OK.

Until Next Time Remember...

Scores go Up and Down. Knowledge Stays Forever.

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I'm guessing the cases are different, Different dollar amounts owed, etc. She will have to do her homeowrk on that one.......

One more thing. You're Guessing? DIFFERENT dollar amounts allegedly owed, does not necessarily mean that it is a DIFFERENT Debt. It could mean that AA simply added Interest on the older debt since last year. Is the dollar amount on the most recent debt HIGHER or LOWER?

IF these are two different cases, where she was an easy Defendant for Asset Acceptance last year (13 months ago), AA figured they could obtain another EASY Judgment or Settlement. We know that the SOL had Expired on this one. She wins on January 2, 2007. :) Good Luck!

Until next time remember...

Scores go Up and Down. Knowledge Stays Forever.

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