richbyrd1981

Asset Acceptance told me Debt Validation is BS

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I recently filed a lawsuit in small claims court against Asset Acceptance for violations of FDCRA and FCRA, defamation and Financial Injury. The short story is that I disputed a negative item on my credit report. They originally sent me a print out with my personal information on it. I asked for more documents like the original application with my signature on it. They sent me a letter stating that they had requested the information from the OC and they would forward it to me when they received them. This happened 3 times before I finally filled the lawsuit. Also during this time I applied for a home loan and was denied because of negative items on my report (Asset Acceptance and one other). The lawyer called me to try and settle with me. The lawyer said a couple of things and I want to know if they are true:

He said that if this case does go to court the only real issue will be if the debt is really mine. He will get the documents from the OC and then I’ll have no case.

He told me that they can take this case to the federal court systems since I am claiming federal violations.

He also said that they have no legal obligation to provide me with any of the documents I requested, they only have to verified that their records are correct, not the OCs. He said that there are many cases he could send me from every court, except the US Supreme, that proves it.

I representing myself and I feel like he is trying to bully me into dropping the case. I feel I have a strong case against them and I don’t know what to do now.

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He said that if this case does go to court the only real issue will be if the debt is really mine. He will get the documents from the OC and then I’ll have no case.

Not true- only if your counterclaims are dismissed...however, if you can sucessfully challegenge "evidence" they offer, it could get tossed by the court altogether.

He told me that they can take this case to the federal court systems since I am claiming federal violations.

Not necessarily true- any court of competent jurisdiction can hear an FDCPA case. However, many CA lawyers will petition to remove to Federal in order to intimidate you into dismissing. However, if there are state laws along with the federal counterclaims, then dismissing may not happen - it will depend on the judge.

He also said that they have no legal obligation to provide me with any of the documents I requested, they only have to verified that their records are correct, not the OCs. He said that there are many cases he could send me from every court, except the US Supreme, that proves it.

A flat out lie...if they sue and you seek documents as discovery, then they must provide them. If they fail to do so, they could be sanctioned - either monetarily and up to dismissal of the case. This is a FDCPA in and of itself-consider suing the attorney separately.

I representing myself and I feel like he is trying to bully me into dropping the case. I feel I have a strong case against them and I don’t know what to do now.

He is absolutely bullying you...

If you haven't, send your discovery.

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Thanks for all the help every one. I am new to the whole forum thing and I guess I wasn't allowed to post my question more on more than one board and the other ones got deleted, which <Removed> because there was some good advice on those too. I didn't know what board would be best for my situation, so if anyone thinks I will have better luck on another board please let me know.

Since I posted this last night the lawyer called me today and he sent me the original application for the credit card. It is clearly not my handwriting and or signature. Looks like a girl filled it out and forged my signature. I am pretty confidant that I can prove beond a reasonable doudt that I did not fill out the application.

The violations Im hoping to win are that they never propely validated the debt.

They never sent me something telling me they were going to put this on my credit, even though the lawyer says they did and since i did not dispute it in the 30 days I forfited all of my rights regading any disputes.

They called my work on 3 seperate occations even though I asked them not too.

They continuted debt collection activities (sending me bills and calling) while I was disputing the debt.

They never provided me with the OC information other than there name.

They never provided me with there license numbers and registered agent and they never proved to me that they are even allowed to collect in my state.

plus they haved caused me lots of stress and agrivation and I have been denied credit because of negitive items on my credit report (AA and one other), so they are responsable for half of those damages.

Some other points I need to make are that the SOL is over, I live in Florida, and the only settlement he has offered is to delete the item if I drop the suit.

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Since I posted this last night the lawyer called me today and he sent me the original application for the credit card. It is clearly not my handwriting and or signature. Looks like a girl filled it out and forged my signature. I am pretty confidant that I can prove beond a reasonable doudt that I did not fill out the application.
Did this application with a forged signature list your address, or someone else's address? What I want to figure out here is if they are dealing with a debt owed by someone else with the same name, or if it has to be decided between identity theft or them doing forgery. If it's the same address, then play the ID theft card by filing a police report using your copy of that forged application as the evidence. For this purpose you will not be assuming they forged it to collect on this, but that someone forged it to apply for credit in your name. And that may well be what really happened. Filing a police report is a very significant thing because there are criminal penalties for filing false police reports. Most collectors take the matter more seriously when this is done because of those attached penalties.
The violations Im hoping to win are that they never propely validated the debt.
If there are other violations, you should seek a penalty for each and every one of them. The Verification process is actually a very weak one, because the information they are required to provide is very limited. Your state may have additional requirements, but the FDCPA ones are flimsy at best.
They never sent me something telling me they were going to put this on my credit, even though the lawyer says they did and since i did not dispute it in the 30 days I forfited all of my rights regading any disputes.
Whether they did or not, they are not required to tell you they will put it on your credit report. As for disputes, there is no deadline for forfeiting any rights. The only deadline aspect is that they are not allowed to make collection efforts until they respond to your request for verification as long as that is made in a timely manner. When that request is late, they still must respond, but they can continue to try to collect during that time.

And, things have changed now that they have provided you with major evidence that your identity was stolen, as seen by an application for credit in your name made by someone other than you. Play the ID theft card and slam it down hard.

They called my work on 3 seperate occations even though I asked them not too.
Document this as much as you can. This could be 2 violations. Technically they are required to not call you at work even if you just provide a verbal demand (whereas the cease & desist must be in writing). But it may help to send the a written demand to never call you at work, via CMRRR of course.
They continuted debt collection activities (sending me bills and calling) while I was disputing the debt.
That's the thing they can still do if your dispute was late. But they must still deal with your dispute by answering it. And the stakes are now higher since it is an ID theft case. Send them a copy of the police report you filed. See if you can also get the police department to call them to "investigate the ID theft" to gather more evidence, like how they came across that application form (in legitimate cases, it comes in a "media file" when a debt collect gets the account). This might need to be pursued back to the OC.
They never provided me with the OC information other than there name.
Now you have more cause to demand full information, since this is now a criminal case of ID theft. THEY need to cooperate with the investigation.
They never provided me with there license numbers and registered agent and they never proved to me that they are even allowed to collect in my state.
Your state may have this information online. If they do, it is more trustable there. But if you want them to send that information, make a written demand, sent by CMRRR. If your state requires them to provide it on demand and they fail to, there you have another violation.
plus they haved caused me lots of stress and agrivation and I have been denied credit because of negitive items on my credit report (AA and one other), so they are responsable for half of those damages.
Formalize the ID theft situation even further by placing an ID theft indication, and credit block, on your credit report with all three CRAs.
Some other points I need to make are that the SOL is over, I live in Florida, and the only settlement he has offered is to delete the item if I drop the suit.
Yeah right. Your costs are much higher now. But the ID theft situation can change things. They can claim they didn't know (how would they until you say so). Your costs in time and expenses to deal with this certainly need to be part of the settlement, as well as the penalty for each and every violation you can dig up. Also demand "a complete copy of the entire file provided by the OC, including contact information of all people involved in the account assignment/transfer, for purposes of evidence in a criminal investigation of identity theft".

Don't be afraid to play hardball.

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Take the copy of the application to the police and make a report for ID theft, forgery and fraud. Inform them that you received it from the attorney via the JDB.

After you make your report, be sure to let the attorney that the police will want to speak with them both regarding possible criminal activity....

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I received a letter from asset acceptance llc yesterday, saying I owe $1256.96. When I called they said the debt was from a Radio Shack account I opened in July of 1987. Can they hold me liable for this debt? Bear in mind I have never had credit with Radio Shack and had no credit whatsoever in 1987. Thanks

debt settlement attorneys

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I had Nations Recovery tell me the same thing and that the attorney will provide that information in court. Well, I am the one taking them to court...LOL! I tape recorded voicemails and phone conversations..How about them apples, NRC? You just got a first class ticket to a FDCPA violation and over a $400 account that the OC deleted from my credit report due to it being a fraudulent account.

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I received a letter from asset acceptance llc yesterday, saying I owe $1256.96. When I called they said the debt was from a Radio Shack account I opened in July of 1987. Can they hold me liable for this debt? Bear in mind I have never had credit with Radio Shack and had no credit whatsoever in 1987. Thanks

debt settlement attorneys

Is this the 1st time you've heard from them? Did the letter have the "this is an attempt to collect a debt" line along with the 30 day notice to dispute?

Send them a debt validation (DV) letter by certified mail, return receipt requested. Keep it simple. I'd include a copy of their letter with your DV letter.

Dear _________,

Enclosed is a copy of a letter I received from your company. I do not recognize the account and dispute the alleged debt.

Please send validation.

Regards,

Me

I would also check my credit report to see if the scumbags are reporting. If they are reporting, I'd immediately dispute the debt with the credit reporting agencies.

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I received a letter from asset acceptance llc yesterday, saying I owe $1256.96. When I called they said the debt was from a Radio Shack account I opened in July of 1987. Can they hold me liable for this debt? Bear in mind I have never had credit with Radio Shack and had no credit whatsoever in 1987.

20+ years old :ROFLMAO2:

Send them a letter via CMRRR to C&D.

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First off I would like to say Thank you so much for yours and everyone else’s help, I hope the help keeps coming b/c I think this case is going to be long and drawn out.

Did this application with a forged signature list your

address, or someone else's address? What I want to figure out here is if they are dealing with a debt owed by someone else with the same name, or if it has to be decided between identity theft or them doing forgery. If it's the same address, then play the ID theft card by filing a police report using your copy of that forged application as the evidence. For this purpose you will not be assuming they forged it to collect on this, but that someone forged it to apply for credit in your name. And that may well be what really happened. Filing a police report is a very significant thing because there are criminal penalties for filing false police reports. Most collectors take the matter more seriously when this is done because of those attached penalties. .

Yes the application does have my home address on it. But when I called my local police department to try and fill out a police report the officer said I needed to find out where it was filled out at, what city, county, and state, plus she told me that she doesnt think that much will come from it because the application was dated Feb. 2004.

But I still e-mailed AA lawyer and asked him where the application was filled out at. His said that the case was sent to another lawyer and that all questions would have to go thru him. I then e-mailed him again and asked him for the new lawyer’s information and I still have not received any response.

So I looked up the phone number for the OC and I called them. The OC said that they had nothing regarding my account except for AA phone number.

If there are other violations, you should seek a penalty for each and every one of them. The Verification process is actually a very weak one, because the information they are required to provide is very limited. Your state may have additional requirements, but the FDCPA ones are flimsy at best. .

I haven’t researched if FL has any laws in regards to my case, but I think I messed up when I filled the lawsuit. When I filled out the claims part of the statement of claim I only wrote "Violations of FDCRA and FCRA, Defamation and Financial Injury" so I don’t think I can seek and Florida violations.

Whether they did or not, they are not required to tell you they will put it on your credit report. As for disputes, there is no deadline for forfeiting any rights. The only deadline aspect is that they are not allowed to make collection efforts until they respond to your request for verification as long as that is made in a timely manner. When that request is late, they still must respond, but they can continue to try to collect during that time. .

Aren’t they supposed to mail me letter giving me 30 days to respond or they can assume the debt is valid and start their collection activities. I never received any thing from them until after I disputed the item with the credit bureaus. Once I disputed it with credit bureaus I received something from them once a month like clockwork and they immediately started to call me. All most like they were waiting for me to make the first move.

And, things have changed now that they have provided you with major evidence that your identity was stolen, as seen by an application for credit in your name made by someone other than you. Play the ID theft card and slam it down hard.

Document this as much as you can. This could be 2 violations. Technically they are required to not call you at work even if you just provide a verbal demand (whereas the cease & desist must be in writing). But it may help to send the a written demand to never call you at work, via CMRRR of course.

That's the thing they can still do if your dispute was late. But they must still deal with your dispute by answering it. And the stakes are now higher since it is an ID theft case. Send them a copy of the police report you filed. See if you can also get the police department to call them to "investigate the ID theft" to gather more evidence, like how they came across that application form (in legitimate cases, it comes in a "media file" when a debt collect gets the account). This might need to be pursued back to the OC. .

Since the OC says they have nothing regarding the account AA must have all the information, they must have had it all along, and it took 2 years plus I had to file a lawsuit against them just to get the application, so I don’t think they are going to give me those documents without a fight. I have my first court appearance this week, it’s only a mediation hearing, can I ask for it then or will I have to go in front of the actual judge to get it?

Now you have more cause to demand full information, since this is now a criminal case of ID theft. THEY need to cooperate with the investigation.

Your state may have this information online. If they do, it is more trustable there. But if you want them to send that information, make a written demand, sent by CMRRR. If your state requires them to provide it on demand and they fail to, there you have another violation.

Formalize the ID theft situation even further by placing an ID theft indication, and credit block, on your credit report with all three CRAs. .

I signed up for a credit monitoring/id protection program is that enough or do I need to do something else more?

Yeah right. Your costs are much higher now. But the ID theft situation can change things. They can claim they didn't know (how would they until you say so). Your costs in time and expenses to deal with this certainly need to be part of the settlement, as well as the penalty for each and every violation you can dig up. Also demand "a complete copy of the entire file provided by the OC, including contact information of all people involved in the account assignment/transfer, for purposes of evidence in a criminal investigation of identity theft"..

I had suspicions that someone had used my identity when I first viewed my credit reports back in august of 2008. I had several items on there that I have no memory of, but when I disputed the information everyone deleted the information rather than to investigate my claims. All but AA and now I have some hard evidence.

But what seems so odd is that for two years I begged them to please send me some the original documents, some sort of proof to show me weather this account was actually mine or if my suspicions were correct and someone had been using my identity and they did nothing. Then less than 24 hours after talking with AA lawyer, I got something. Do you think it is at all possible they forged the application?

Don't be afraid to play hardball.

Don’t worry I’m ready to play, I have nothing to lose and everything to gain. I have to find out who do this me, because who’s to say that once I clear this up and do buy a house that person won’t do it again to me, and this time it could be a lot worst.

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If they changes attorneys, they need to notify you...I think you need to go and file a motion for sanctions regarding the change of counsel.

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Yes the application does have my home address on it. But when I called my local police department to try and fill out a police report the officer said I needed to find out where it was filled out at, what city, county, and state, plus she told me that she doesnt think that much will come from it because the application was dated Feb. 2004.
But I still e-mailed AA lawyer and asked him where the application was filled out at. His said that the case was sent to another lawyer and that all questions would have to go thru him. I then e-mailed him again and asked him for the new lawyer’s information and I still have not received any response.
You mean he didn't give the new attorney information at the time he tells you it went to a new attorney? What a jerk (feel free to tell him I said so).
So I looked up the phone number for the OC and I called them. The OC said that they had nothing regarding my account except for AA phone number.
They would not necessarily know about any further transfers beyond who they transferred it to.
I haven’t researched if FL has any laws in regards to my case, but I think I messed up when I filled the lawsuit. When I filled out the claims part of the statement of claim I only wrote "Violations of FDCRA and FCRA, Defamation and Financial Injury" so I don’t think I can seek and Florida violations.
You may be able to amend.
Aren’t they supposed to mail me letter giving me 30 days to respond or they can assume the debt is valid and start their collection activities. I never received any thing from them until after I disputed the item with the credit bureaus. Once I disputed it with credit bureaus I received something from them once a month like clockwork and they immediately started to call me. All most like they were waiting for me to make the first move.
CRA disputes can activate otherwise idle files. Or it can be a coincidence.
Since the OC says they have nothing regarding the account AA must have all the information, they must have had it all along, and it took 2 years plus I had to file a lawsuit against them just to get the application, so I don’t think they are going to give me those documents without a fight. I have my first court appearance this week, it’s only a mediation hearing, can I ask for it then or will I have to go in front of the actual judge to get it?
Things did change when you got the application copy with the forgery. You now have a new cause for demand of documents for the purpose of a criminal investigation.
I signed up for a credit monitoring/id protection program is that enough or do I need to do something else more?
I never use those. YMMV
I had suspicions that someone had used my identity when I first viewed my credit reports back in august of 2008. I had several items on there that I have no memory of, but when I disputed the information everyone deleted the information rather than to investigate my claims. All but AA and now I have some hard evidence.
There is a fairly high rate of incorrectly placed items on CRs.
But what seems so odd is that for two years I begged them to please send me some the original documents, some sort of proof to show me weather this account was actually mine or if my suspicions were correct and someone had been using my identity and they did nothing. Then less than 24 hours after talking with AA lawyer, I got something. Do you think it is at all possible they forged the application?
It's possible. But you have proof that someone did. And now you can and should pursue that criminal investigation.

Even though you don't have the location where the application was filled out, there are two reasons to proceed with filing the report anyway, and adding to it later. One is that by doing so, it gets more people to cooperate and provide information (mostly because they don't want to bother if it's not being considered a serious matter). The other is that it may actually not be possible to determine the location, if this was done by a scammer. All they would know is where the application was received (at their office) and where they mailed anything to (which may or may not have any relation to where the application was filled out).

It's kind of like an unidentified body with a knife in the back floating down the river between two states, and more states upstream. Who really knows where it came from. But the police can't just ignore it because of that. OTOH, the lack information can make it a cold case a lot faster.

Don’t worry I’m ready to play, I have nothing to lose and everything to gain. I have to find out who do this me, because who’s to say that once I clear this up and do buy a house that person won’t do it again to me, and this time it could be a lot worst.

Go back to the AA attorney and tell him that HE ALSO needs to provide his part of the information, even if it is just who they bought the account from and who they sold it to. Likewise inform the OC that there is a criminal investigation coming regarding this matter, and all the evidence they have about who applied for the account, and paid on it if that was ever done, will be needed for the investigation.

File the police report even if it has nothing (yet) that they can act on. Doing so makes it clear you are serious because as part of that process you will be swear an oath under penalty of criminal charges for filing a false report, that these facts are true as you have stated. Once you have a police case number, your demands for information go further.

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To block your credit report with the three CRA's you will need to contact each of them seperatley. It may cost you a few bucks to do so, and they will give you a passcode to unlock them when you need to. This is for your protection, note that know one else will be able to review your CR without you unblocking them.

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You are moving perfectly fine. Its true the attorney is bullying you. Make sure to keep every conversation with their attorney recorded. It can also help you, if he breaks his line and comes up with any false information information or indirectly threaten you citing baseless logic.

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I had a personal encounter with Asset over an old debt and won. Not a long drawn out process to do. Send them a cease and deisist letter by certified mail. in it state that the debt is not yours and that you will not acknowledge the debt. Mention also that if even if it were your debt that the SOL has long since expired. Also in the letter inform them that you are sending a copy of the letter along with thier complaint to the State attorney Generals office. Then do it. I sent the C&D letter to Asset, also sent a copy of the letter and all the Asset BS to the Attorney General for Ohio and Michigan (Asset's home state). Got a letter from the AG of both states stating that Asset had 90 days to answer correspondence from them, week later got letters from AG from both states showing that Asset, once the case was dismissed, would close the accounts. (I actually was being sued over 2 accounts from the same OC). Anyway, if the account is as old as you say, do what I did and I will bet you that the matter will go away.

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I had Nations Recovery tell me the same thing and that the attorney will provide that information in court. Well, I am the one taking them to court...LOL! I tape recorded voicemails and phone conversations..How about them apples, NRC? You just got a first class ticket to a FDCPA violation and over a $400 account that the OC deleted from my credit report due to it being a fraudulent account.

This same account listed above is now with Asset Acceptance. I received my first call from them last Monday. I spoke to a rep, she told me they already sent a dunning letter. I told her, I have never received anything from your company. She told me, "Are you calling me a liar"? I asked again, When will you sent me a dunning letter. She then says, I do not like your attitude. I told her I really do not care, when will you send a dunning letter? She says, I am not going to tolerate your attitude and I am going to hang up the phone now.

She also said, it does not matter if we send you a dunning letter. I asked why? She states I see this is an XYZ account that you last made payment on in XXXX. I told her this is not my account, it is fraudulent. I never applied for credit through the company you are claiming I owe money to. She asked did I file a police report? I said no, but there is a fraud alert on my credit report. She said if you did not file a police report, that makes you liable for the account and you owe XXXXX.

I told her good luck trying to collect on this, you are now the third company to own it. There is no way in hell you can prove ownership of the account and two you cannot prove the account is mine.

A couple hours later, I typed up a DV letter and sent it to them both my mail CMRRR and email. A day later, they responded to my letter through email.

Later that afternoon after being in receipt of my DV/C&D letter, I received two phone calls from them.

Then on Monday this week, I received a dunning letter. I received the first call on the 26 and the dunning letter was sent on the 29 of Sept.....and I thought the dunning letter was already sent....what a lie. Supposedly this is a joint account with my spouse, so how come my name is the only name on the dunning letter? I hope my spouse gets a secondary letter from AA with just her name on it, so I can sue them twice.

I am now filing suit against them for FDCPA violations. The funny part is over $1,000 it is going to cost them over 10 times the amount of the debt to defend the suit, pay my damages and pay court costs and attorney fees.

What idiots...

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In some states, merely admitting that the debt is (or was once) yours can reset the SOL. In many states, making any sort of payment--even a token payment--will reset the SOL. That is why Asset Acceptance is contacting you--with the hopes that you will "slip up" and say or do something that can reset the SOL and allow them to sue and garnish wages/bank accounts, place a lien on your house, etc.

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