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A$$et Acceptance dismissed 2 cases without prejudice. Will they refile?

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A$$et Acceptance dismissed 2 cases against me. What are the chances they will refile? Has anyone had a JDB dismiss a case, only to refile later?

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They probably paid three to seven cents on the dollar,i bet they sell them down the food chain.

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They probably paid three to seven cents on the dollar,i bet they sell them down the food chain.

Exactly, I was just being a smart A*** because the poster asked an obviously impossible question to answer since they provided zero details on the case, how much the debt was, how old, what type of evidence either side had, and most importantly the reason for the dismissal.

Generally speaking they just sell it to the next suck, hopefully Midland.

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Thanks for the responses. Has anyone had this happen that they refile or sell the debts? I am close to the SOL in my state. I guess I need the date of last payments on the original accounts. What is the best way to do that? Contact the original cc company or check my credit reports?

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Exactly, I was just being a smart A*** because the poster asked an obviously impossible question to answer since they provided zero details on the case, how much the debt was, how old, what type of evidence either side had, and most importantly the reason for the dismissal.

Generally speaking they just sell it to the next suck, hopefully Midland.

Ok, here are a few details: one debt was about $2000 and the other was about $9000. I think these are about 4 years old, from what I could tell, Asset had a Final cc stmt, I had no evidence, and Asset voluntarily dismissed both cases.

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Coltfan1972 I think its closer to 46.80% I used Asset Acceptance algorithmic trading index to figure that out.

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They might sell them to another debt buyer,They may just let it fade away.They have thousands of new cases each month.The attorneys are in different counties each day collecting default judgements,and filing new cases.I dont think they go back on old ones to often,They just dont have time.If your courthouse is close or they offer online records look-up from time to time give it a look and keep your fingers crossed.

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Ok, here are a few details: one debt was about $2000 and the other was about $9000. I think these are about 4 years old, from what I could tell, Asset had a Final cc stmt, I had no evidence, and Asset voluntarily dismissed both cases.

Then based on that they probably won't refile. You asserted no affirmative defense (good for you), they did this on their own and it is approaching the statute of limitations usually equals they have tucked tail and gone coward on you.

Of course nothing is for sure and nobody is going to be able to give you anything other than a guess, but I'd not be losing any sleep at all. Get ready for Midland or some other piece of garbage junk debt buyer to send you a letter.

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Thanks for the quick replies. I will check my court's website from time to time to see if they or someone else tries to sue.

I was just curious as to what you guys have seen as typical JDB behavior in this situation.

I had the opportunity to visit the courthouse and watch the attorneys for the various JDBs getting tons of default judgements because defendants failed to show up and defend themselves. For the few defendants that did show up - the JDB's attorney seemed to try and negotiate something with them in the hall first. The courtroom was so packed with defendants there was no place to sit! So I realized that they are extremely busy and it seemed unlikely they would recycle an old case with tons of new ones that are easy wins coming in daily!

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Generally speaking they make their money of the losers and don't want to mess with the winners. What you saw when you went to court is pretty much the standard around the country.

The losers that don't fight allow the winners to usually win with little to no effort. Next time you see a loser, thank them.

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Racecar, you are wrong. They pay, on average, 2.76 cents on the dollar. Get your numbers right!

Haha. It's reasurring to know that Asset isnt out too much money from their loss! I just hope I can put all this behind me.

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Haha. It's reasurring to know that Asset isnt out too much money from their loss!

And exactly another reason they don't usually re-file. Unlike an original creditor that might have 6K invested on a 9K balance, a junk debt buyer might have $250.00 invested.

Two completely different investments to try and protect. Of course on the flip side the insane profit if one only has $250.00 invested is a lure to a JDB a lot of times, even if they are not guaranteed a slam dunk victory. But they usually only take one run at it.

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All very true.

There are a variety of reasons they may have decided to sue you:

1. SOL is about to expire. They take you to court to attempt to bully you into a settlement, so they can profit on their "investment" (so to speak).

2. If you're the type they could not contact by telephone or mail...they think you are a sitting duck--in other words, you are easy pickings for a default judgement.

3. An incredibly small percentage of people know their rights and stand up to them (either individually or by hiring a lawyer)....as such, the odds are in their favor that filing a suit will pad their pockets nicely. :rolleyes: Sad, but true.

The rare occasion when they meet w/a defendant that challenges them, they tend to not tempt fate w/another lawsuit...because it costs them time and more importantly $$$$$ (especially if you made the effort to make them spend as much money as possible on your case). :lol:8-):twisted:

If you are even remotely concerned that they MIGHT attempt to prey on you again...immediately get in touch with a consumer attorney in your area. National Association of Consumer Advocates | Consumer Protection Advocates and Attorneys - Help for Consumers

Share the details of your case, and ask them if they'd be interested in taking Asset Acceptance to court on your behalf for violations of FDCPA (if they've violated FDCPA.....,I don't know the specifics of your case).

Being taken to federal court by a consumer attorney will guarantee they won't bother you again, and may compensate you monetarily (a bit) for them screwing up your life during the course of the two lawsuits. ;)

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Fyi--I've heard (on this forum) that initiating a lawsuit against a creditor/collection agency will put you on webrecon. Getting on webrecon pretty much guarantees that no collection agency will ever want anything to do w/you again.

I recently tested the theory.

A collection agency was calling and being quite pita. Sick of them and their nasty behavior, I made a call to them. I shared my spouse's name and told them to look us up on webrecon. I went on to say we weren't afraid of them and have attorneys that love us for all the business we've sent them--suing collection agents on our behalf....and they could join that list, just give us a reason to initiate action against them.

The next time we called them, they informed us the account was closed. ;):mrgreen:

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If they've violated FDCPA.....,I don't know the specifics of your case).

No specifics needed, it's Asset.

The call to a good consumer attorney familiar with the FDCPA will go something like this.

rising-score- Yes, I'm looking for representation for possible FDCPA violations. I was sued and they dropped the lawsuit but I like to talk to you about FDCPA violations.

Atty- Okay, who contacted and sued you.

rising_score- Asset Acceptance.

Atty- Was it less than a year ago.

rising_score- Yes

Atty- Are you at home right now.

rising_score- Yes

Atty- I'll take the case contingency. I'm sending a limo to pick you up right now and bring you back to the office to sign the atty/client agreement. It will be there in 45 minutes.

rising_score- Uh okay, but don't you want some details to make sure there are violations.

Atty- You said Asset Acceptance, correct?

rising_score- Yes

Atty- Make that 20 minutes for the limo. I'll take the case.

rising_score- Uh okay, well what they did was they

Atty- Hold on, I got the limo driver in your driveway, just get in, shut up and get your tail down to my office.

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No specifics needed, it's Asset

I know, right...? What was I thinking? :oops:

:ROFLMAO2: on entire post....too funny!!!

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When they voluntarily dismiss a case, they know they cannot win - usually because they don't have the evidence.

And remember, when a JDB voluntarily dismisses a case, the SOL kept running during the lawsuit as if the lawsuit never took place.

As I've said numerous times, Asset's business model is "just don't get caught!" They do not have a business model of compliance. The violations are there.

One way to make sure they don't sell it to another JDB is to find their violations and get that lawsuit going against them! If you have valid violations, they will pay you and expunge the debt and remove their tradeline. Ah, sweeeeeet!

But, then, if you like the fun, let them sell it to another JDB. Once the SOL has passed, it is especially fun. You can toy with them like a cat does a mouse.

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When they voluntarily dismiss a case, they know they cannot win - usually because they don't have the evidence.

And remember, when a JDB voluntarily dismisses a case, the SOL kept running during the lawsuit as if the lawsuit never took place.

As I've said numerous times, Asset's business model is "just don't get caught!" They do not have a business model of compliance. The violations are there.

One way to make sure they don't sell it to another JDB is to find their violations and get that lawsuit going against them! If you have valid violations, they will pay you and expunge the debt and remove their tradeline. Ah, sweeeeeet!

But, then, if you like the fun, let them sell it to another JDB. Once the SOL has passed, it is especially fun. You can toy with them like a cat does a mouse.

Thanks for the reassurance. Now, I need to get the courage up to order my credit reports and see if this is on there. I assume I need to wait till the SOL is up before I dispute it.

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Has anyone had this happen that they refile or sell the debts?

Sure, but it's kinda like trying to palm your girlfriend off on a friend after the STD scan came back positive. Imagine the quality of the next dummy in line who would buy something like this. Betcha scab sandwiches would sell better than that product.

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Thanks for all the feedback. I just pulled my reports from all three CRAs and I see Asset is on all three reports, but the OC is not. Any advice on how to gett Asset off my reports now that they have dismissed the cases? Or do I have to wait till they just fall off?

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Has anyone had this happen that they refile or sell the debts?

Sure, but it's kinda like trying to palm your girlfriend off on a friend after the STD scan came back positive.

:ROFLMAO2::ROFLMAO2::ROFLMAO2::ROFLMAO2::ROFLMAO2:

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Doesn't a dismissal act as if the lawsuit never ocurred?

When they voluntarily dismiss a case, they know they cannot win - usually because they don't have the evidence.

And remember, when a JDB voluntarily dismisses a case, the SOL kept running during the lawsuit as if the lawsuit never took place.

As I've said numerous times, Asset's business model is "just don't get caught!" They do not have a business model of compliance. The violations are there.

One way to make sure they don't sell it to another JDB is to find their violations and get that lawsuit going against them! If you have valid violations, they will pay you and expunge the debt and remove their tradeline. Ah, sweeeeeet!

But, then, if you like the fun, let them sell it to another JDB. Once the SOL has passed, it is especially fun. You can toy with them like a cat does a mouse.

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Or do I have to wait till they just fall off?

That wouldn't be in reference to my post, would it?

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