I have a problem with Asset Acceptance

[trb42]

Ok so call me naive but back in 2005 I was harrased by the company Asset Acceptance. At that time I was told that it was for a credit card debt. I ignored them for a while and then got threatening phone calls that told me I had to pay them or else they would go after my house, ect, ect. You all know the tactics that they use. So I told them that I would send them a cashiers check for $1500. They said that they wanted $2000. I insisted that I only had $1500. We went around and around for a while until they finally said "ok, go ahead and send the $1500.

So like an idiot I did. Thinking that it was all settled. That is until they started to garnish my income taxes in 2006 and still have taken my taxes every year by the way. I thought "fine take my taxes I don't care. Well that wasn't all. This past March I had my accounts garnished. I went to court on that b/c my daughters college money was the one that got attacked. They agreed to give her back the money. At that time I told the lawyer what I could offer them and he was to get back with me and let me know if they accepted my offer or not. I never heard from him.

So in July I sent them a letter asking them to accept my offer and still had not heard back from them. Last week my accounts were garnished again! Call me stupid, should have closed them but at the time the bank had said my accounts were protected b/c of federal payments, which was my income taxes being deposited, they thought that it was SS, so this time it was a lot more money b/c like I said I am naive.

That is the background, believe me there is a lot more but I was wondering if I have any recourse against these leaches? I have paid them over $5000 all together and I would just like this to end. I want to go and file an objection to the garnishment but I don't know what reason to give. Also this last writ of garnishment that I received had all the financial information wrong. They are now saying I owe over $6000, when back in March it said I only owed $3600.00. They only credited me this time for $1442, which was the money that they sent back to my daughter. It said nothing about all the other money that I have already paid.

Is there anyone in here that can give me some advice? I contacted a credit lawyer and she said that since I had a judgement that she didin't think that I had any recourse. Please tell me that she is wrong!! I can't take it much longer and that was my entire bank account! I am flat broke! Is there a law that says they can't take everything you have in the bank? I saw on the back of one of my papers that the first $500 is an example of what is exempt.

Any advice you can give me would be so greatly appreciated. I am running out of time to file the objection.

Thanks everyone! Sorry that was so lengthy!

[upsman40]

Did they ever file suit against you? Somehow they must have gotten a judgment in order to garnish wages and taxes etc... Did they ever send you anything in writing on your agreement for $1500? I am assuming not. I am going to court against these muthers on Tuesday. You should get some great help on here from a lot of knowledgeable people, it seems there is more to this story though.

A favorite dirty trick of debt collectors is to threaten garnishment if "you don't pay right now" even though they know they cannot do this. If this has happened to you, this violates the Fair Debt Collection Practices Act (FDCPA) as a debt collector cannot threaten actions it cannot legally take. Normally there are other violations of the law (both our Michigan state law and federal law) when you are dealing with an abusive debt collector like this.

Try contacting Brian Parker [email protected] or [email protected]

Edited November 16, 2012 by upsman40
Have more info

[BrunoTheJDBkiller]

since I had a judgement that she didin't think that I had any recourse.

I think she's right, ignoring a lawsuit and allowing it to become a judgment is not a good thing to do, as you now see. Giving any junk debt buyer a penny without a written agreement is also a bad move, legally all you are doing at that point is making a payment, which they gladly take and continue to pursue you. You also acknowledge that they own the debt and have a right to collect it when you pay them.

You don't "object" to a bank levy unless you can prove that the funds were exempt....social security, etc. There is always a possibility that you can unravel this, but it looks like you're in for a tough haul here. Maybe legal aid could help you.

Facts about Garnishment — Michigan Legal Aid

[trb42]

Isn't the fact that they have all their figures wrong go in my favor? I mean doesn't invalidate the document or something?

@upsman 40- I seriously do not recall if I ever got anything in writing! I went to the court house just a while ago to get a copy of all the money that I have paid these vultures and the clerk said that they no longer had them in their files b/c the case was so old! Now that is just sad!

In response to your earlier question about being harrassed into paying now or get garnished? Of course that happened to me! I don't know how to prove it though since it happened so long ago. Should I try to call these people and see if they will settle with me? I sincerely do not have a clue on what to do! I don't want to file for bankruptcy b/c my credit isn't all that bad anymore. And another thing, I pulled my credit reports today and this company isn't even on there! Is that strange?

Please someone, help me!! Iam desperate!

Edited November 16, 2012 by trb42
adding to it

[trb42]

I haven't ignored it. I went to court back in March and at that time I told their lawyer what I was offering so we could settle this. I never heard back from him. I then sent letter, never heard back until last week when they took everything I had!

Edited November 16, 2012 by trb42
add more

[BrunoTheJDBkiller]

I was referring to 2006, it appears that you did not fight this in court. These guys never settle once they find out they can garnish somebody or keep emptying their bank accounts. Your last post proves that.

[saytar]

Seadragon, I have dicovered that you owe me 12 plug nickles as you owed this to Coltfan, he assigned it to 1stStep, and I have purchased your worthless account from him for 1 plug nickle and I have proof written on a napkin from Kentucky Fried Chicken, signned by the keeper of the Records BTO. If you fail to pay up I am going for summary judgement, I will garnish your old sea dogs pension, I will take your tax refund aaaaaaaaaaaandd throw you in the brigg if you don't pay!!! I'll take the account numbers for your bank and drain it dry until I have collected 1,000 times what I payed, its only fair!

How'd I do?????

Well where's my money????

[skippy1960]

I haven't ignored it. I went to court back in March and at that time I told their lawyer what I was offering so we could settle this. I never heard back from him. I then sent letter, never heard back until last week when they took everything I had!

While we all understand your frustration Bruno was simply pointing out what you already know at this time. Take that frustration and redirect it.

First I am not from Michigan and don't know any statues, but here are some general themes you may want to consider:

1. Stop using the banks, obviously, the keep hitting your bank accounts.

2. Start researching and get a copy of the court file. In order for them to garnish and sieze they would have needed court permission. Are these document complete and did they serve you to allow you to object. You need to see if they have failed to do something they should have prior to taking your funds.

3. You need to find a law that requires them to give you a full accounting of the judgment, payments interest accrued. You appear to be their new ATM, they come and take your funds, let the interest build for 6 months and then come take some more. You have never stated the amount of the judgement from the begining and what interest rate is allowed in Michigan. If you don't know you need to know find out.

4. Stop using the Banks, until you have a signed settlement agreement from them. I think it is MC 17 Judgement Satisfication document filed with the court.

Finally this will not go away until it is paid. So you need to know what is the balance. I don't mean a single number, I mean a full accounting by month with intrest added, similar to a bank statement.

A better question for the attorney you spoke with would be how do I force them to give me an accounting of what I have paid and what is owed.

Best of Luck