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Correct Next Steps-Fulton, Friedman & Gullace for Asset Acceptance


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I recently recieved a phone call from Fulton, Friedman & Gullace saying that they were representing Asset Acceptance for a Citibank Card under my name.  I was told that I needed to make payment arrangements immediately and that a court case with the number 12345 had already been opened at our local county courthouse.  I informed the representative that I did would not deal with anyone over the phone or agree to anything without seeing everything in writting.  The representative mentioned that they had sent several letters to our address.  I have never recieved any of the letters that were mentioned and sent them a  cerified debt validation letter the next day.  I also checked our local court cases online and am not finding anything under my last name or that case number.   

 

I recieved a standard form letter from them within the 30 day period saying, "This is an attempt to collect a debt by a debt collector and that any information with be used for this purpose" signed Fulton, Friedman & Gullace, LLP.  It states that the current owner or assignee of the account is Asset Acceptance, LLC and that the original creditor is Citibank.  They also attached two pages showing copies of  statements for  two months of this Citibank card.

 

I have read through the site to determine what my next step should be.  Based on what I have read I believe that they still need to send me something that I have signed or something that shows that they have indeed purchased the debt from Citibank or Asset.  I was also glad that I have not found anything with our local courts.  I have also not been served by them. But, now that I have sent the DV letter I am sure that if they do have enough information to pursue this they will.  What should my next step by and how can I protect myself?

 

Thanks for your help! 

 

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I recently recieved a phone call from Fulton, Friedman & Gullace saying that they were representing Asset Acceptance for a Citibank Card under my name.  I was told that I needed to make payment arrangements immediately and that a court case with the number 12345 had already been opened at our local county courthouse.  I informed the representative that I did would not deal with anyone over the phone or agree to anything without seeing everything in writting.  The representative mentioned that they had sent several letters to our address.  I have never recieved any of the letters that were mentioned and sent them a  cerified debt validation letter the next day.  I also checked our local court cases online and am not finding anything under my last name or that case number.   

 

I recieved a standard form letter from them within the 30 day period saying, "This is an attempt to collect a debt by a debt collector and that any information with be used for this purpose" signed Fulton, Friedman & Gullace, LLP.  It states that the current owner or assignee of the account is Asset Acceptance, LLC and that the original creditor is Citibank.  They also attached two pages showing copies of  statements for  two months of this Citibank card.

 

I have read through the site to determine what my next step should be.  Based on what I have read I believe that they still need to send me something that I have signed or something that shows that they have indeed purchased the debt from Citibank or Asset.  I was also glad that I have not found anything with our local courts.  I have also not been served by them. But, now that I have sent the DV letter I am sure that if they do have enough information to pursue this they will.  What should my next step by and how can I protect myself?

 

Thanks for your help! 

 

Did they specify what county the case was in? Cap1 filed cases against me in several counties I had lived in previously before they actually got it right. They even filed one in a county I hadn't lived in in 20 years. Might be that they have an old address for you that they were sending letters to, and have filed in that county. Easy way to get a default judgment.

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If the collection letter was sent to your current address, and the credit card statements show your current address, they would have no excuse to file in another county.  I'd call the court first thing in the morning to see if a case has been filed in your name.  Make sure a case must be filed before you can be served.  Some states allow service before filing.

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If I'm reading the OP correctly, he hasn't been served or received any letters at his current address. He received a phone call and was told that letters were sent and a case filed. That is why I'm suspecting they had an old address. That's what happened in my case, they filed in a county I had lived in previously.

 

In Illinois complaint must be filed before service.

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If I'm reading the OP correctly, he hasn't been served or received any letters at his current address. He received a phone call and was told that letters were sent and a case filed. That is why I'm suspecting they had an old address. That's what happened in my case, they filed in a county I had lived in previously.

 

In Illinois complaint must be filed before service.

 

His post said "I recieved a standard form letter from them within the 30 day period saying, "This is an attempt to collect a debt by a debt collector and that any information with be used for this purpose" signed Fulton, Friedman & Gullace, LLP.  It states that the current owner or assignee of the account is Asset Acceptance, LLC and that the original creditor is Citibank.  They also attached two pages showing copies of  statements for  two months of this Citibank card."

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When I spoke to the representative on the phone and he mentioned that they had sent several letters I was very concerned. We live in a new development and have had problems with our mail. But the address they had is our correct/current address. Based on that I would think that they would know the correct county to file in if there was a court case. We have lived at this same address for over five years and should not be hard to find.

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http://www.leginfo.ca.gov/.html/ccp_table_of_contents.html  Study the rules of civil procedure.

your local court rules. http://www.cc-courts.org/

Now is a good time to study while there is no case filed,Tons of CA cases on this site.

CA rules of discovery. http://california-discovery-law.com/

Look up breach of contract,account stated,unjust enrichment,common counts on google,they are the most commonly filed.

Common Defences used are bill of particulars,general denial,demurrer.

Good time to buy ink,paper,large envelopes,small envelopes,paper clips,stamps,highlighter,folders,tape.

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I checked out the above web sites and they are all directed toward Califonia. I live in Illinois. I have read this web site, credit info center, and have used all of the info I have learned to get to this point. I am grateful for this, however at this point I am unsure of how to proceed. What are my next steps? Should I write another letter to push them for more info? If so what letter? Also, am I correct that they must prove that I owe the debt by providing a signed contract with Citi and a document showing that they own the debt?I mentioned those questions in my first post.

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Answer these questions, you will get great help here and this will help all that are working with you.


 

 

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

1. Who is the named plaintiff in the suit?

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

3. How much are you being sued for?

4. Who is the original creditor? (if not the Plaintiff)

5. How do you know you are being sued? (You were served, right?)

6. How were you served? (Mail, In person, Notice on door)

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

9. What state and county do you live in?

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

11. What is the SOL on the debt? To find out:

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.

15. How long do you have to respond to the suit? (This should be in your paperwork). 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?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

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I checked out the above web sites and they are all directed toward Califonia. I live in Illinois. I have read this web site, credit info center, and have used all of the info I have learned to get to this point. I am grateful for this, however at this point I am unsure of how to proceed. What are my next steps? Should I write another letter to push them for more info? If so what letter? Also, am I correct that they must prove that I owe the debt by providing a signed contract with Citi and a document showing that they own the debt?I mentioned those questions in my first post.

 

Usually, a signed contract with a credit card company is not necessary.  In credit card cases, use and acceptance implies a contract.  That means if you used the card and made payments, you accepted the terms of the credit card agreement.

 

BUT, Asset would have to prove they own the account.

 

It's a shame you didn't know to record the conversation you had with FF&G.  If no case has been filed, they lied and violated the FDCPA. 

 

Going back to what IntheSticks mentioned earlier, is it possible they could have filed in the wrong county based upon your old address?   I'd call the court in that county to see if a case has been filed.

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I checked out the above web sites and they are all directed toward Califonia. I live in Illinois. I have read this web site, credit info center, and have used all of the info I have learned to get to this point. I am grateful for this, however at this point I am unsure of how to proceed. What are my next steps? Should I write another letter to push them for more info? If so what letter? Also, am I correct that they must prove that I owe the debt by providing a signed contract with Citi and a document showing that they own the debt?I mentioned those questions in my first post.

 

Search articles on this site : http://www.edcombs.com/CM/Custom/IndexNews.asp

 

This is a consumer attorney who practices in IL

 

I see him suing FFG almost every month (along with others).

 

How much is this alleged debt ?

A good defense will make them all go away, best time to learn is before being served.

 

If I was in your shoes I would start a file and document everything, including saving messages and also taking pictures of caller ID. (I am hoping in your DV letter you asked not to be called , right?)

 

I would check the court's site daily and I would also check the next county over too.

 

If they filed or file in a  venue/county knowing well you don't live there it is an FDCPA and IL consumer violation under false deceptive business practice act.

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