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perchdinner

I am being sued by asset acceptance in ohio.

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I came across this forum. I started this thread to update and show the progress and or outcome of the case.

I haven't been summoned yet. But I have a friend at the clerks office who called me and told me someone filed against me. Sure enough I am being sued in small claims court for 5900.00 Which doesn't make sense to me because the limit is for 3000.00. My orignal debt was 5900 not including interest. The debt is credit card debt and is recent a few years old. I am not sure what my next step will be. I guess I have to wait and see . REading this board has put me a little at ease. Thanks for any comments questions and or help in advance.

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AA is currently operating under a 28-page DOJ/FTC consent decree saying what they can and cannot do.

http://www.ftc.gov/os/caselist/0523133/120130assetconsent.pdf

Don't know if there is anything in there that will help, but if they have violated it you may be able to get the case dismissed. It would probably help to read the whole thing. Did they mail you as required about the debt? If not it is an FDCPA as well as a decree violation.

I sent them a VR letter and they did not complete an investigation within 30 days as required by the CD, so therefore they cannot proceed with collection or place a line on my CRs and they have not done it.

State/ county laws vary on small claims; you may be able to get a lawyer and move it to magistrate/district court to argue. Also check to see if small claims judgments can be appealed to get a trial de novo in magistrate/district in case they win; in my county they can't be.

Edited by ccposter

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"I am being sued by asset acceptance in ohio."

First congratulations are in order, and stop rubbing it in. Second do read the link above, I wrote it and if there is one company (I use that word loosely) that you can 100% stick the name in when you see Midland, it's a$$ Acceptance.

Look up Ladyhunter. She beat them and then wrote a book. I've got the book and it's very easy to read and full of all her motions and discovery along with theirs. Oh and they sued her and she collected from them.

You can look on Amazon, It's how a Florida mom beat a$$ (I think she mispells it and puts Asset, but her spelling is not all that great because she was a English teacher) Acceptance.

Oh, and again, congratulations on your good fortune. Getting sued by a$$ Acceptance is a dream come true for many.

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Thanks lol I didn't know about the mandate thing I will check into that.

I intend to try to fight them. I really have nothing to lose at this point. I am not working or have any money. So it will give me time to study

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Coltfan is right - you CAN beat AA.

It takes mostly perseverance. The longer you keep fighting, the more "confused" they become. They will finally throw up their hands (middle finger may be up) at you and call it quits.

They will at first throw everything at you trying to intimidate you. When that doesn't work, they don't know what else to try. They don't have anything else to try.

Good luck! Go get 'em!

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Coltfan is right - you CAN beat AA.

It takes mostly perseverance. The longer you keep fighting, the more "confused" they become. They will finally throw up their hands (middle finger may be up) at you and call it quits.

They will at first throw everything at you trying to intimidate you. When that doesn't work, they don't know what else to try. They don't have anything else to try.

Good luck! Go get 'em!

Yeah I will fight them tooth and nail . They have no leverage because I have nothing or no income. So I figure they may just drop it once they dig into my fiances a little

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Who is the OC? If there is an arbitration clause in the OC's cardmember agreement, I would go for private, contractual arbitration in JAMS (JAM$).

JDBs hate arb because of its cost.

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Who is the OC? If there is an arbitration clause in the OC's cardmember agreement, I would go for private, contractual arbitration in JAMS (JAM$).

JDBs hate arb because of its cost.

5/3 bank , I will look into this. I will have to research how to pursue that.

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Hello perchdinner, I am being sued by AA as well. Was their an Affidavit attached to the complaint? If so, who signed the Affidavit?

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Hello perchdinner, I am being sued by AA as well. Was their an Affidavit attached to the complaint? If so, who signed the Affidavit?

They have not served me yet.

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After looking over my finances I think I should just file bankruptcy and move on

Even if I beat asset acceptance I have a slew of other jdb chomping at the bits to get a piece of me. Anyone think bk is just a better option then fighting all these jdb

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JDBs can be beat. It's your decision, of course, but I would never file BK if it was just JDBs after me.

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AA is currently operating under a 28-page DOJ/FTC consent decree saying what they can and cannot do.

http://www.ftc.gov/os/caselist/0523133/120130assetconsent.pdf

Excellent. Everyone here should read this. They have to show proof that they own the debt if you question, challenge or dispute the debt or the amount while in collections before they even sue you! They cannot sell it to another JDB if it is in dispute and cannot continue collection activity on the whole portfolio of accounts they claim to own if even one of the alleged accounts in the portfolio is in dispute.

Kudos to this anonymous federal judge!

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Is there a way to start a thread that will have consent decrees etc. posted as stickies?

I am thinking of writing the DOJ/FTC and informing them of my status re AA, as far as the dispute angle involving an entire portfolio in might be something they are monitoring or should be monitoring.

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cannot continue collection activity on the whole portfolio of accounts they claim to own if even one of the alleged accounts in the portfolio is in dispute.

I think this part will be overturned, it makes no sense.

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Sorry I haven't updated the thread , I won round 1 because I got there serviced tossed , but it was with out prejudice and round 2 is on . Going to be fun taking them down again lol

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They have served via regular mail at my old address . These people are very stupid , they were notified of my new address last time . They failed to serve and the case was tossed. Now they go to my old addy again? Maybe hoping for default judgement ?

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I think you don't wait for the adjustment.Because it had a bad impact on your credit ranking you must ask any legal person in your area for settlements of the extra debts.Because it increase with the time.And you have to pay more than 5900 if you don't cover that soon.

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