Sent Response to Asset Now what?

[LisaJKY]

Once I have responded in court to Asset with a denial of their claim, 3600.00 for what was originally 1200.00 but not my bill, what happens next? I requested verification through the court that the bill is mine, it is part of an identify theft problem, will the court rule next? Asset has answered us by phone only to say they would settle for 2600.00 to which we basically said "bite me" and see you in court.

[BV80]

Once I have responded in court to Asset with a denial of their claim, 3600.00 for what was originally 1200.00 but not my bill, what happens next? I requested verification through the court that the bill is mine, it is part of an identify theft problem, will the court rule next? Asset has answered us by phone only to say they would settle for 2600.00 to which we basically said "bite me" and see you in court.

When you say you requested verification through the court, what do you mean? Also, could you please answer the questions in the following link? It helps other members to know more about your situation. You can copy and paste the question to this thread.

http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html

[Coltfan1972]

You don't request proof through the court. The court is just the umpire. Personally, I would send them a long discovery request. That will most likely will send them packing if the debt is not yours. Heck, it will probably send them packing if the debt is yours.

[debttaxguy]

Not in KY so this is kind of generic advice. KY may be different. You may want to consult a local consumer attorney. You were correct to file a timely answer. The question is what Court are you in and do they allow discovery. If so hit them with a request to produce records. You have your evidence to present on the identity theft at trial. You want to show you reported the theft, affidavits you produced on the theft, Letters from the card issurer acknowledging your reporting of same. You are dealing with a third party debt buyer. They usually cannot produce evidence of how they were sold or assigned the debt from the original credit card issuer. There has to be a chain of title for them to prosecute. The original creditor should not have sold this off if it was identity fraud, but obviously they did. These guys are looking for the default judgment. You may find they don't even show up when you go to court. Validation is really under FDCPA before you even get to Court, when the debt collector first contacts you.

[LisaJKY]

Here is the questionnaire answers:

1. Who is suing you? Asset Acceptance LLC

2. For how much? Approximately 3600.00 from an original 1200.00 bill.

3. Who is the original creditor? Chase

4. How do you know you are being sued? Originally harassed by phone, explained that is was not our bill, then summons to court delivered by sheriff, Rowan County Kentucky.

5. How were you served? Were you served? Yes, Sheriff

6. What was your correspondence (if any) with the people suing you before you think you were being sued? Phone only. We denied this was our bill, explained the identity theft to no avail.

7. Where do you live? Kentucky

8. When is the last time you paid on this account? Never paid, their date says July 2007.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). WE had 20 days to respond. Were advised to ask for verification through the court that this bill is ours, which we did.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not with the credit bureaus but yes with the collection agency.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Requested verification and signatures after the summons and by phone in the years since they have harassed us off and on.

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No questionnaire, but told to respond within 20 days. We did respond, denying all paragraphs against us and denying the bill is ours. We requested a written contract with signature. I believe the charges are default.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? An affidavit from the collection agency that is nothing more than a paper with our name on it and a collection amount. NO signature, no payment history, nothing else. Just a statement saying that this collection agency transferred this account and to their knowledge it is correct.

14. What is the SOL on the debt? To find out 5 years Ky

[bmc100]

I am dealing with Asset Acceptance on a fraudulent account. The same thing happened to me. I got an initial call. Told them to send me proof in writing 3 times during that call. They told me they already did. I told them I will swear under oath I did not receive anything. They still not not send anything in writing.

Then I mailed, emailed and faxed a validation letter. After they were in receipt of the letter, they called twice. They usually call every other day 2-3 times on a given day. Still no validation from them.

I made a complaint to the FTC and Michigan AGs office for violations of consumer laws. Contacted my attorney, forwarded him all of the documentation. He is reviewing it and debating whether to wait until they report to the credit bureaus so we can get more money out of them...which would stink since I just am about done cleaning up my credit report.

Asset is trying to collect on a debt that has now been sold for the third time....the first two JDBs broke the FDCPA, but never reported. I am suing the first two JDBs as well...for the same reasons, nothing written, misrepresenting the debt, the legal nature of the debt and harassment...

[Torden]

They needed to send you a letter in writing within 5 days of first contacting you. Did they?

You need to send your verification request within the first 30 days of receiving the written communication. Did you? And later verification request could be irrelevant.

Did you ever send them a dispute in writing?

You speak of identity theft. When you first realized this was identity theft, how was that realized? Because it was a bill/debt you never heard of? Because the creditor claimed it was you? Because they had your SSN?

By any chance do you know who stole/used your identity for this? Did you file a police report? If not, why not?

[BV80]

Do your court rules allow for discovery requests such as Interrogatories, Request for Production of Documents, and Request for Admissions? If so, have you sent them?

[LisaJKY]

They needed to send you a letter in writing within 5 days of first contacting you. Did they?

You need to send your verification request within the first 30 days of receiving the written communication. Did you? And later verification request could be irrelevant.

Did you ever send them a dispute in writing?

You speak of identity theft. When you first realized this was identity theft, how was that realized? Because it was a bill/debt you never heard of? Because the creditor claimed it was you? Because they had your SSN?

By any chance do you know who stole/used your identity for this? Did you file a police report? If not, why not?

WE sent the request within 5 days of receiving the summons to court. Copy went to Asset at that time.

Originally found out about this bill around a year after we knew there had been identity theft. We were dealing with this problem in other areas from the identity theft. A person in the family, distant family, rented a house we owned. A box containing old tax forms was in the house and we presume that is how this idiot got our social security numbers. The first thing was phone bills taken out in our name and then not paid, in states we did not live in. We even had the bank stop a transaction in California from our bank account. Not us. WE reported the theft to the local sheriff at the time of the phone bills, like 5 years ago and they basically told the guy to pay us the money for the phone. He did and then I think it was just dropped. Small town, no real consequences.

In the beginning they did not send written anything. We got phone calls. Then we moved to a different address. In the intervening years they sporadically called us and in the last 6 months they have really ramped it up, to the point of filing the claim in the state we now live in. The original identity theft occurred in Ohio. WE built a house in Kentucky and I am wondering if that is how they found out where we are. Through the credit bureaus? If so they accessed our records illegally I think.

[LisaJKY]

Do your court rules allow for discovery requests such as Interrogatories, Request for Production of Documents, and Request for Admissions? If so, have you sent them?

Not sure what the court allows. Never had to do this before. A friend, legal assistant said we should file a request for verification through the court. We did that and basically Asset called us, verified they received the request and said they were working on it. Will the court throw it out? Will Asset just keep this up? I just want to know what to expect. How will we know what the court decides.

[LisaJKY]

Oh and one more thing. This bill started out as 1200.00 back in 2007. It is now 3600.00 and we disputed it with the collection agency as soon as we knew. Shouldn't they have to revert back to the 1200.00? Someone said we should offer them 25% but am afraid that is admitting to it.

[BV80]

Read your court's Rules of Civil Procedure. Everything you need to know is there. If you're allowed to send discovery requests, there are examples available on the boards.

There are members on this forum from KY. Hopefully, they'll chime in.

[LisaJKY]

I have come to the conclusion that these people are absolute criminals. What can we do about it?

[bmc100]

File a complaint to your state's attorney general, they like going after debt collectors and file a complaint with the FTC.

File a separate lawsuit against them for FDCPA violations and FCRA violations (if they reported, you disputed with them, they never marked the account as "Customer Disputes". Find a consumer law attorneys in your area, the good ones will not charge you anything and will recoup their costs from the settlement plus attorneys fees.

Do it and they will most likely drop their case and you will probably never hear from them again once they settle.

[Coltfan1972]

I have come to the conclusion that these people are absolute criminals. What can we do about it?

Yes you are correct about them. It's just a numbers game to them. Most do nothing, few huff and puff and make threats, and minority fight back or counterclaim.

Enough do nothing to make their business model, which in my opinion is a continuing criminal enterprise of fraud and extortion, profitable. Paying pretty much any JDB, but espicially this one, is what should be criminal.

What to do? Personally, I'm fighting them and counterclaiming or filing a seperate lawsuit. Trust me, it is a pretty good feeling walking into your bank and cashing a check that a JDB wrote to you when they originally sued you.

I can assure you, if you dedicate the time and are motivated to not just defend, but go on the offense, you can learn everything right here to not only defend, but take one of their checks to your bank.

[nobk4me]

In Kentucky there is a law that a JDB cannot collect more than what they paid for the debt.

[Torden]

In Kentucky there is a law that a JDB cannot collect more than what they paid for the debt.

How is that worded?

[LisaJKY]

Asset has answered our request for validation and a contract by sending us a questionnaire. They state in the document sent to us and the court, "Plaintiffs requests for Admissions." This is followed by various questions on where we live, employment that we have the original signed documents etc. Two of the questions are,

1. Defendants has received originals or copies of each invoice and statement of account attached hereto. (There is NOTHING attached. Absolutely nothing and they have NEVER ONCE given us proof this is our bill)

2. Each of the documents attached hereto is a true copy therof. (There is NOTHING attached)

So what do I do? Can I answer each of these questions with, "I deny this is my bill and do not have nor have never had a signed copy of the contract." I have to answer in 30 days.

[Coltfan1972]

Object as there is nothing attached or just deny and state there is nothing attached so obviously deny.

They don't have to provide you any proof at all unless you ask for it via discovery. They have to provide it at trial if you don't request in discovery.

Answer or object to their questions based 100% on what is stated in that question, not what should have happened or what has or has not happened. Provide no additional info or explanation.

It's okay to say deny and leave it at that. If you object you do have to give grounds for your objection.

[LisaJKY]

I'm at the point now where I really want to get them. Not sure what they have violated here, but to send me this kind of response and have the gall to say there is original invoices attached, when there is nothing attached at all, is pretty outrageous.

[usagi555]

I'm at the point now where I really want to get them. Not sure what they have violated here, but to send me this kind of response and have the gall to say there is original invoices attached, when there is nothing attached at all, is pretty outrageous.

I think that Coltfan will agree, that is an excellent attitude to have, but only if you are willing to take the time to actually learn how to get them. You will find plenty of help here on how to do that.

Also, when I put on my skuzzball hat and try thinking like a debt collection attorney, I start thinking they put that kind of stuff in their documents so that they can attach the stuff later and hose you with it. They will treat you like a dunce because you are Pro Se. Take a page out of their book and smile while you lead them gently by the hand over a cliff.

[BV80]

Kentucky Revised Statutes

371.050 Assignee to aver consideration --

Amount recoverable.

In an action on any assignment of a writing, the consideration for the assignment shall be averred. The plaintiff shall recover no more than the consideration actually paid by him for the note or assignment.

Edited October 21, 2011 by BV80

[Coltfan1972]

I think that Coltfan will agree, that is an excellent attitude to have, but only if you are willing to take the time to actually learn how to get them.

100% agree.

[Seadragon]

Here is the questionnaire answers:

1. Who is suing you? Asset Acceptance LLC

2. For how much? Approximately 3600.00 from an original 1200.00 bill.

3. Who is the original creditor? Chase

4. How do you know you are being sued? Originally harassed by phone, explained that is was not our bill, then summons to court delivered by sheriff, Rowan County Kentucky.

5. How were you served? Were you served? Yes, Sheriff

6. What was your correspondence (if any) with the people suing you before you think you were being sued? Phone only. We denied this was our bill, explained the identity theft to no avail.

7. Where do you live? Kentucky

8. When is the last time you paid on this account? Never paid, their date says July 2007.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). WE had 20 days to respond. Were advised to ask for verification through the court that this bill is ours, which we did.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not with the credit bureaus but yes with the collection agency.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Requested verification and signatures after the summons and by phone in the years since they have harassed us off and on.

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No questionnaire, but told to respond within 20 days. We did respond, denying all paragraphs against us and denying the bill is ours. We requested a written contract with signature. I believe the charges are default.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? An affidavit from the collection agency that is nothing more than a paper with our name on it and a collection amount. NO signature, no payment history, nothing else. Just a statement saying that this collection agency transferred this account and to their knowledge it is correct.

14. What is the SOL on the debt? To find out 5 years Ky

You have an absolute defense and Cross complaint because when they receive notification in any form that the account is due to ID theft they are supposed to send an ID theft package.

I would contact the sherriff and report the id theft and attempted collection of the account. Make a motion ex-parte to the court for dismissal due to ID theft and notify the KY AG that after they were informed that it was ID theft they continued the action.

And lastly the best advice of all get a lawyer you are about to be paid.

[LisaJKY]

Okay, we are going to respond to this request for questionnarrie and answer each question with "we deny this is our bill due to identity theft. Please produce signed original agreement." Then I am going to refer to the statute in Ky and ask for proof of what Asset paid for this debt as well as the original default date. We never made a payment, ever. I will let you all know what happens.