CA's Attempt to get Default Judgment??

[Guest helpneed]

Background:

My relatives who reside in another city received mail addressed to me from Asset Acceptance regarding an alleged debt. Asset Acceptance has pulled my credit in the last year, meaning they are clearly aware of MY residence address. I have read online how Asset Acceptance tries to pull this tactic to get a Default Judgment knowing full well of your correct address. This account is NOT on any of the (3) CRAs. I have not received any correspondence from Asset Acceptance via my relatives or to my home address until now. In addition, I noticed that Asset Acceptance have now reported my relatives address on my CR's but not the account.

I never resided at my relatives address during the time the alleged credit card debt. I have not resided at the address in over 20 years. My relatives address is not even listed on my credit file.

It would help me when you respond to answer each question in clarifying detail.

Questions:

1. Should I send a C&D/DV letter?

2. Should I send correspondence to Asset Acceptance telling them to only

forward correspondence directly to my address so there's a record of this

notification if it proceeds to court and they are not granted a default

judgment?

3. Confirm there is a FDCPA violation of communicating with 3rd party.

4. Confirm there is a violation to commit fraud by sending correspondence to 3

rd party knowing they have MY address.

5. Are there any FCRA violations by reporting a false address on my CR?

6. Should I file complaint with FTC and AG in my state and theirs.

7. The letter does not even include the 30 day debt validation notice.

[IHateCAs]

Questions:

1. Should I send a C&D/DV letter?

Sure

2. Should I send correspondence to Asset Acceptance telling them to only

forward correspondence directly to my address so there's a record of this

notification if it proceeds to court and they are not granted a default

judgment?

You could accomplish this by doing no more than sending a DV with your current address listed. No need to specifically tell them.

3. Confirm there is a FDCPA violation of communicating with 3rd party.

No. What 3rd party?

4. Confirm there is a violation to commit fraud by sending correspondence to 3

rd party knowing they have MY address.

Ummm, no.

5. Are there any FCRA violations by reporting a false address on my CR?

Maybe. They got that address somehow though.

6. Should I file complaint with FTC and AG in my state and theirs.

I don't see why you would.

7. The letter does not even include the 30 day debt validation notice.

It should.

[kevin3344]

There is a lot that has to happen before they attempt to get a default judgment...looks like this is their first communication. I would follow IHateCAs advice as this way you will know for sure that they have your correct address. Send it CMRRR of course.

Of course, dispute the false address if it is incorrect.

________

HOT_CANDY

Edited September 9, 2011 by kevin3344