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helpmeplease0901

How can I go about this

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I received a letter the other day from a law company on behalf of Asset Acceptance regarding a debt I owe to Dell. It stated that if I didn't pay the debt within 5 days that they would take me to court. I've gone through financial hardship and have two kids so I'll admit that paying this debt was not first on my list...my fault. But I'd like to go ahead and take care of this debt but can't pay the full amount asked at this time. I've tried contacting the number listed on the letter but get no response. Before I do actually speak to someone, is there a certain way I should go about this? I'd like to avoid getting sued and I'd like to make payment arrangments. I owe about $2600 and can probably do about $100 a month to them but want to make sure paying this will get this debt cleared.

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This is the first I've seen from them. Correspondence could have gotten lost in the mail also since I've moved twice in the last 4 years. The lawfirm the letter is from Fulton, Friedman, and Gullace LLP. The dell account was opened in December 2004 and I made minimum payments for maybe about a year or more, can't remember.

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Dealt with Asset Acceptance c/o Fulton Friedman and Gullace...if you have $100 per month to pay - contact Fred Schwinn- Consumer Debt Attorney in San Jose, CA for initial consultation---not sure where you are from.

 

These people cannot be trusted -- I had made a settlement with FFG ---  have not received any statements as per their part of the agreement....I am keeping my records...in case...

 

In hindsight - I would not have made a settlement at all --- YOU HAVE FOUND THE RIGHT RESOURCE in this FORUM  --- PEOPLE ARE VERY HELPFUL.

 

PRE-LAWSUIT DEFENSE:  (If you have no time to do this - suggest call  Atty  Fred Schwinn --- charges are most affordable and accepts monthly payments).

 

1.  Send a DEBT VALIDATION  (template - Fred Schwinn's website)

2.  Dispute with 3 credit bureaus ---reason:  awaiting DEBT VALIDATION

3.  Debt Validation Unsuccessful:  send them  a CEASE & DESIST LETTER --- see template on Fred Schwinn's Website

4.  If they SUE YOU ---- this forum will help you WIN from A-Z

 

Best wishes to you

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Dealt with Asset Acceptance c/o Fulton Friedman and Gullace...if you have $100 per month to pay - contact Fred Schwinn- Consumer Debt Attorney in San Jose, CA for initial consultation---not sure where you are from.

 

These people cannot be trusted -- I had made a settlement with FFG ---  have not received any statements as per their part of the agreement....I am keeping my records...in case...

 

In hindsight - I would not have made a settlement at all --- YOU HAVE FOUND THE RIGHT RESOURCE in this FORUM  --- PEOPLE ARE VERY HELPFUL.

 

PRE-LAWSUIT DEFENSE:  (If you have no time to do this - suggest call  Atty  Fred Schwinn --- charges are most affordable and accepts monthly payments).

 

1.  Send a DEBT VALIDATION  (template - Fred Schwinn's website)

2.  Dispute with 3 credit bureaus ---reason:  awaiting DEBT VALIDATION

3.  Debt Validation Unsuccessful:  send them  a CEASE & DESIST LETTER --- see template on Fred Schwinn's Website

4.  If they SUE YOU ---- this forum will help you WIN from A-Z

 

Best wishes to you

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@helpmeplease0901

 

The SOL in CA is 4 years.  If the last payment you made was more than 4 years ago, they can't sue you.  Well, they can, but you have a definite defense. 

 

Was your last payment on the account more than 4 years ago?

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The OP said they've moved twice, so we also need to see if they stayed in Cali or not.

I would NEVER pay a JDB...but that's just me. I certainly wouldn't pay one if the SOL had reached its end. Makes the JDB rather SOL as well. (I couldn't help it, it slipped out!)

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I hate settlements but economically it could be a trade out.

 

Tell them you only have $500.00 and would settle for that if they agree to your contract with settlement terms. Send them your contract CMRRR and get it signed. Then notarize an affidavit, provide cover letter documenting the terms, sign your copy of the agreement and send them the check only after they have signed the  aforementioned package of documents and CMRRR. The check should include terms that endorsements cancels a debt etc.  when signed. These guys are slimy so you really have to nail them down. 

 

I've seen some templates on this forum for very good settlement terms. You may prefer to have an attorney do it for you and the charges shouldn't be too bad. Attorneys are not all jerks and some of them actually care about consumers.

 

I hate any kind of a settlement and you would probably win if you choose to fight them. It's a little time consuming and you will probably get 6 - 800.00 tied up in expenses spread over the length to the law suit.

 

HP

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I can't remember the last payment but it was definielty way more than 4 years ago. I know this because my first son was borin in March 2008 and after that I was knee deep in hospital bills. I just moved to different cities in CA, never out of state. I honestly regret it getting this far and would like to avoid it going to court or even getting served with papers, that's why I thought the best bet would be to some kind of payment arrangemnt plan. But I don't want to make one payment and have that payment not going anywhere and not being contributed to lowering my debt. I haven't talked to anyone from the lawfirm yet, only have left them a message and they've called back twice but not sure if I should speak with them.

 

Also, I'm fairly new to this...what's a "JDB?" 

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@helpmeplease0901

 

JDB means junk debt buyer.  For pennies on the dollar, they purchase defaulted accounts from original creditors

 

If you can show the account is outside the SOL, not only do you have a defense if they sue, you have an FDCPA (Fair Debt Collection Practices Act) complaint against the law firm for threatening to sue you on a time-barred debt.  There might also be a Rosenthal (CA statute) claim against them.

 

In fact, they don't have to sue you for you to use the FDCPA claim.  Again, if you can prove the date of last payment, you could sue them.

 

SAVE THAT LETTER!

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First things first. I would get a PAPER copy of my credit reports to see what they say. While understandable, I don't think anybody should avoid checking their credit. You need to know whats on it, no matter how scary it is.

Check both listings for this account. You need to look at Dell to see what the date of your last payment is. If it is indeed more than four years ago, you're in a good position. Next, check Asset's listing for the same account. What are they claiming?

I've handled situations just like this is two ways. One was Midland and I sent them a letter that told them that based on my research, the alleged debt was beyond the applicable statute of limitations for my state. And to cease communications. The second time was to Legal Recovery Law Offices. That one only said "CEASE COMMUNICATIONS". I received a letter from Midland telling me they were removing my account and to have a nice day. I never received anything from LRLO.

I send everything CMRRR (Certified Mail, Return Receipt Requested). It's understandable that you do not want to be served or go through court, only a few of us actually view a summons like a Christmas present, especially on a debt that is beyond the SOL! But, if you have many debts I would expect to see many letters. I still would never pay a JDB. Instead, I'd rather them pay me.

I still think sending a debt validation letter is the way to handle this. And for the love of everything, please use one from this site, not that dreadful two page one floating around the Internet. It just needs to say, I dispute...provide validation. All communication should be made by US mail. Only type your name, don't give them your signature. Done. Keep in mind, just because they say you owe them, doesn't make it true. I'll prove it.

Helpmeplease0901 owes me a million dollars. Is that true? No, obviously not. Wouldn't you want me to prove it?

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So I shouldn't speak with the lawfirm and try to come up with a payment arrangement? I doubt we'd come to that agreement anyways.

NO! I wouldn't even talk to them on the phone. They are trained to deal with people and make them promise things. If you insist on having any type of communication, it should be in writing, and only what I put in my last post. They will probably just go away once they get your dispute. That's been my experience 95% of the time. You'll have one less headache and your money will go towards caring for your kids, not these vile bottom suckers who spend pennies on the dollar for debts.

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So I had checked my credit report yesterday and it stated the past due amount was $2610. On the letter I received from FFGLLP, it stated $2409.58 Principal, $216.78 Interest, for a total of $2626.36. Just tried calling Dell and they are unable to give me any info since they sold my debt to Asset.

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I received a letter the other day from a law company on behalf of Asset Acceptance regarding a debt I owe to Dell. It stated that if I didn't pay the debt within 5 days that they would take me to court. I've gone through financial hardship and have two kids so I'll admit that paying this debt was not first on my list...my fault. But I'd like to go ahead and take care of this debt but can't pay the full amount asked at this time. I've tried contacting the number listed on the letter but get no response. Before I do actually speak to someone, is there a certain way I should go about this? I'd like to avoid getting sued and I'd like to make payment arrangments. I owe about $2600 and can probably do about $100 a month to them but want to make sure paying this will get this debt cleared.

Welcome,

 

In addition to what everyone has said here, I would check with the Court in the Jurisdiction you now live and check to see if Asset filed a complaint with the courts. Since you have live in different cities within CA and you recall not paying since 2008 then the amt of $2600 is not including any late fees, interest etc...or is the amt you mentioned above what the letter stated? 

 

hth

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The amount mentioned is what was stated in the letter:

 

Principal: $2409.58 ,

Interest: $216.78

Total: $2626.36

 

Do I call different courts to see if something has been filed against me? When I moved, I still stayed within the same county.

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The amount mentioned is what was stated in the letter:

 

Principal: $2409.58 ,

Interest: $216.78

Total: $2626.36

 

Do I call different courts to see if something has been filed against me? When I moved, I still stayed within the same county.

 

Yes, just call the court clerk.  They can tell you if anything has been filed. 

 

'helpmeplease0901,' you sound like a very nice, honest, hardworking person, who has a conscience and wants to 'make good' the $ you owe.  But, consider this... DELL has already written off this debt and gotten its tax break in doing so -- they are DONE, period.  The 'JunkDebtBuyer' has purchased this debt (along with hundreds or thousands) in one bulk sale, and paid as little as 2-cents on the dollar.  You may owe money -- BUT NOT TO THEM!! 

 

As others have said, these JDBs are bottom-feeders who barely have enough info about your account to even FILE a lawsuit, much less, win it.  For the love of everything holy, DO NOT talk to these people!  There are brilliant minds on this forum who are always happy to help, including 'BV80', 'CALawyer,' and many, many more.  'HotWheels96' has described it best -- and he is a fellow Californian!

 

Bottom line, you admit you've gone through some 'rough' times.  Well, it's time to forgive yourself, dig in your heels, send a debt validation letter, and re-read post #11 -- you could get paid if you follow through.

 

Good luck!

 

-J

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