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Just received summuns from Asset Acceptance, LLC, AZ, Please help


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Here's what I have so far... I have got to get to sleep though but I will be back tomorrow. I want to fight these people. I can't afford to pay among other things that I will explain...

1. Who is the named plaintiff in the suit? Asset Acceptance, LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Cynthia L. Fulton 012480, Zachary R. Manty 022575 Then it says, Fulton, Friendman & Gullance, LLP

3. How much are you being sued for? $3,118.73, plus additional accrued interest in the amount of $340.42, plus continuing interest at the statutory rate from the date of executyion of the Complaint until paid in full.
4. Who is the original creditor? (if not the Plaintiff) Dell Finanial Service/Cit online Bank

5. How do you know you are being sued? (You were served, right?) Served with Civil Summons
6. How were you served? (Mail, In person, Notice on door) , Brought to my front door, my boyfriend answered. I

7. Was the service legal as required by your state? Not sure, Yeah, guess so just read it

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?
None what so ever that I am aware of…

9. What state and county do you live in? Arizona, USA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
According to credit report it was in 2/2010
11. What is the SOL on the debt? To find out: I lived in WA and it show 6 years on Credit Card

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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I was just served, tried to search and couldn’t find anything. I believe I have to just answer for now.. It’s just the summons at this point.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
Yes
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. No, but plan to find out how and do so, have researched some…

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? 20 days

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. The complaint is for Contract and Unjust Enrichment. Count I is Breach of Contract, states that the Plaintiff is a Delaware Limited Liability Company and is the assignee of the Dell Financial Services/CIT ONLINE BANK. Goes through the Venue being proper, Defendant entered into a contract with Plaintiff’s predecessor in interest, Dell Financial Services/CIT ONLINE BANK. Defendant breached said contract by failing to pay as required. Number VI say’s There is still due and owing ? $3,118.73, plus additional accrued interest in the amount of $340.42, plus continuing interest at the statutory rate from the date of execution of the Complaint until paid in full. Just curious. My credit report says that it is charges off, technically that isn’t still due and owing….

Further states that Plaintiff has made demand upon Defendants for such sum due and owing. The Defendants however, has failed and refused to pay. I have not gotten any notices for over two years.
Number VII states that Pursuant to the contract referenced above, and/or A.R.S. 12-341.01, Plaintiff is entitled to recover reasonable attorneys fees arising from this litigation, as well as costs incurred herein, pursuant to A.R.S. 12-341..


Count Two Unjust Enrichment, Plaintiff incorporated by reference the allegation contained in count One of the complaint as though fully set forth herein.
Plaintiff’s assignor provided certain services and/or moneis to Defendants, but Defendants has/have not paid in full for said services and /or monies as required by the contract between Defendant and Plaintiff predecessor in interest…
Kind of not true as two computers they sold me died and I disputed the charges… not to mention that the collection agency wasn’t ever without anything and the amount they are trying to collect is a lot more then I’m sure if they can even prove it, they purchased it for…

Then it goes on that as a result of the unjust enrichment, Defendant owes Plantiff the sum of ? $3,118.73, plus additional accrued interest in the amount of $340.42, plus continuing interest at the statutory rate from the date of execution of the Complaint until paid in full, then that they demand judgment against Defendant for the sum, interest through to the date of Judgment: The interest until paid in full from the Judgement date. Plaintiff’s court costs Plaintiff’s attorney fees and any other relief the court may deem just and proper.

Then they have put the Affidavit of Account stating the regular BS, I am an employee of Asset Acceptance, LLC… I am familiar with the manner and method by which Asset Acceptance …
After establishing said account Defendant incurred charges etc…
Defendant defaulted on their payment obligation with regard to said account.
Upon information and belief, Plaintiff’s predecessor in interest performed all of the conditions of the contract required by said contract.
Thereafter, Plaintiff purchased said account for value and is now the owner of said account.
That as a result of Defendant payment default, the Defendant named herein is justly indebted to the Plaintiff in the amount of .. together with interest at the statutory rate.

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Hi, Jane Doe,  Do not ask for debt validation now as they have already filed suit. The acct was charged off by the original creditor , or OC. You are being sued by a junk debt buyer or JDB.  You have 20 days to file your answer.

In Az you have to admit or deny all of the paragraphs in their complaint. So the only one you can admit to is that if you live in the juisdiction you are being sued that is the proper venue.

 

All other paragraphs are denied.

 

Then it says on the form "The Plaintiff is not entitled to judgement because:

(I Put)  I have never heard of , or had any contact with Asset Acceptance . Plaintiff is not a proper party to this action and is therefore barred from pursuing same.

 

That being said you have 20 ays. Get some other feedback from some people here. Don't  rush into it. Some think you may want an affirmative defense in your answer.

So get a few opinions, but we will help you.

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I forgot to say that you can get the answer form at the court and fill it out there. Or if you want a more detailed answer under 10 pages though there are 5 or 6 people from az with recent cases. Mongoloid, harry seaward, mr bubby, stomp, jayinaz, raul 2000. If you read through some of these threads you will get a good idea of how to proceed.

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I have to get busy and reply... I havne't had a chance til now due to my cat just getting Diagnosed with Diabetes and other things going on. I was reading about the statue of limitations and I have a question. I lived in WA state when I incured the debt to the original company and now live in AZ. According to AZ law the 3 years should apply I think... Confused??? Any help?? Thanks in advance. Really stressed!

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@janedoenotme

 

 

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
According to credit report it was in  2/2010

 

 

1.  Is this your account?

 

2.  If this is your account, do not assume the 2/2010 is correct.  Check your bank records.  Make sure it's correct.

 

In regard to the allegations in the complaint, read your court's rules of civil procedure.  If they have an allegation about your name and address being correct, you can admit that. 

 

 

Count I is Breach of Contract, states that the Plaintiff is a Delaware Limited Liability Company and is the assignee of the Dell Financial Services/CIT ONLINE BANK. Goes through the Venue being proper,

 

 

Do you know for sure that the above is true?  If not, and if I were the one being sued, I might state "Defendant has insufficient information to admit or deny and, therefore, denies. 

 

 

Defendant entered into a contract with Plaintiff’s predecessor in interest, Dell Financial Services/CIT ONLINE BANK. Defendant breached said contract by failing to pay as required.

 

If this is your account, it's hard to outright deny the allegation.  However, the plaintiff stil has to prove the allegation.   Did they include any evidence with the complaint?

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What is the question here??? I'm confused?

 

Quote

Count I is Breach of Contract, states that the Plaintiff is a Delaware Limited Liability Company and is the assignee of the Dell Financial Services/CIT ONLINE BANK. Goes through the Venue being proper,

 

 

Yes, the last payment I made is in 2/2010. Which according to AZ Statue of the 3 years before the ammendment that would mean that they are outside of it or not???

 

How come I can't ask for Debt Validation. Even though they have already filed suit don't they still have the burden to prove it's validly owed to them??? I am going to check back later or tomorrow. I have some things to do. I really appreciate any help. I can't pay this. I had a Home Invasion in this State a little over a year ago and I lost a lot not to mention my sanity and leaving the house to work is one of the things that I have not been able to do. I am now just as of the last three weeks working part time from home....

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@janedoenotme

 

 

Exactly.  If you don't know something for sure, see what your rules of civil procedure say about not being able to admit or deny (reasonable inquiry, search, etc.).  

 

If they allege you opened the account, can you find any old credit card statements issued from the OC?   When I was sued, I looked for old credit card statements but couldn't find any.   That's where you use the "reasonable inquiry" or "reasonable search" explanation.  I might state:

 

"Defendant states that after a reasonable inquiry, the information known or readily obtainable by her is insufficient to enable her to admit or deny this request. Therefore Denied."

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Ok, first try not to stress. The answer is the easy part believe me. Az switched SOL to 6 years 7/20/2011.  Admitting that it is the proper venue means you live in the jurisdiction of the court they sued you in.

Debt validation is asked for in the first dunning letter from the lawyer.

After that you have 20 days to answer. Then you go into discovery for the next 40 days, where you can ask them for stuff and they can ask you for stuff . You also have to fill out a disclosure form to send them.

 

The answer form is very simple. Admit the paragraphs in their complaint that are true, like your name, proper venue, and deny the ones that are not true or that you do not have sufficient knowlege of yet, because you have not done discovery.

 

While you are at court filing your answer,(its like $63.00) pick up a disclosure form from the clerk, and a few motion forms.

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Oh, I forgot to mention for your cat, Get it off all commercial food.  You can give it cut up chicken, add in a egg, bulgar wheat, grated raw carrots, garlic, wheat germ, 2 tbsp of brewers yeast, olive or coconut oil, 2 tsps of cod liver oil. This for a pound of meat or fish (not beef)

 

Pour in small containers and freeze. When heating add a little water(not tap) and sprinkle a capsule of Pau de Arco into the food.

 

This recipe is from the Herb Lady's Notebook by Venus Andrecht. She wrote it 20 years ago and it is still available to download or on Amazon. I just finished brewing up 20 herbs for my weekly tea.

 

You can get your cat well by yourself, just like you can beat the Plaintiff.  Hope this helps.  Venus's book has helped many of my friends , as well as my dad's cat. She has a whole section on animals.  Pam

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Hello, JaneDoe (love the name BTW).

 

I, too, am battling AA. They are horrible. I have learned so much. I will be posting sometime this week to tell all what is going on and see what thoughts there are.

 

There is an ebook I was told to read.  Boy did it help me out.  Some of it, a day late and a dollar short, but now I'm ready for round 2.

 

A few things I learned....

 

  • The people on here are fantastic!  Willing to (and do) go the 2nd mile to help us out.
  • There is a way to win..just takes a bit of work
  • Deny everything
  • You will lose first round...I'm told everyone does...and I did. Was horrible. I was prepared for it and I still cried.
  • There is light at the end of the tunnel..and it's NOT a train

First thing...read your agreement.  See if it says mandatory arbitration and mentions JAMS. If so, you gotta file a MTC and get it out of the courts and into JAMS. That will immediately cost them so much that they may  just drop it.  My lawyer submitted a false agreement and the Arbitrator accepted it as fact; discarding the one I got from Dell.  After reading through everything AFTER the hearing, I noticed it wasn't even CitBank. It was a different bank.

 

Asset is a bunch of crooks.  Deny everything. If they ask if this is your current address....well if they own the debt then certainly they have the original agreement (one doesn't exist in my case) so they would know the address. Don't give them anything.

 

I was told to read a book, and danged if I can't find it on my cellphone. It's how a mother in Florida beat Asset Acceptance. Man, it's great.    Found it:  "Defending a Lawsuit by a Junk Debt Collector (Collection Agency): How a Florida Mom Beat Asset Acceptance, LLC!" by Sheila R. Munoz, Ed.D

 

I was just granted an appeal so am filing a MTC to JAMS tomorrow. Sleazy Asset attorneys tried to stop the appeal stating there was no grounds for it. Pffft. Bunch of liars. They will not get exactly what they have coming to them.  I am prepared for round 2.  (Can you see me waving the American flag around? LOL)

 

Where are you at now? What point?

 

If I can help at all, I sure want to. 

 

 

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Don't deny your address. They served you right?  Try to keep things simple. If you don't understand something ask. But everyone has an OPINION. You still have to do the homework or research on what is legally right to do. Try to get advise from people in your state.

Other people have great advice too, but it may not be right for our state.

 

And she is right we do want to help you win

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Okay, too much.. First off, I didn't plan to deny anything that I know to be true. My address, the only way they got that is because I just registered my car. Otherwise they would have served me before if they knew where I was obviously. My point is. First off, why can't I ask them to prove that they are assignee of the Account. How do I know that they purchased it? So, I wanted to ask them to have to show proof of that. I also want to deny the amount. They are stating that is $3118.73 plus interest. Well, on my credit report it says that it was charged off, there for nothing is owed. Not to mention that my last amount owed was around $2,000 not $3118.73.

 

They also say that they have made demands and that I have failed and refused to pay. That isn't true. I never heard anything about it til the summons and I also don't have them on my credit report.  As for the Unjust Enrichment. They aren't owed the amount they are stating and even if they were stating that they were owed that one of the computers I purchased died and Dell agreed to credit me for it so that is wrong...

 

I was just going to file my answer and deny any knowledge of them as my credit, deny their alligation that they contacted me and I refused to pay and the question I had this is a quote, Debt validation is asked for in the first dunning letter from the lawyer.

 

What is dunning letter... This is the first I have ever heard of this and I read that you should make them have to prove that they even have the debt... here is one link that I read about it, http://www.creditinfocenter.com/rebuild/debt_validation.shtml  Basically it is against the law for them to be filling suit or anything else without having validated the debt information to me....

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I know it is very easy to get worked up when you are being sued.  So take one step at a time. All the things you want to ask them come later.

 

Before you become completely unnerved  Google this----- you tube civil debt case in AZ.  Go to the second one down AZ V3 How to answer a summons. MarvinAZ will walk you thru the process.  Then if you go to the first one he has you tubes for each step of the way. And he is funny

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Here's some things I found out. I looked at my credit report and it shows as Dell Computer/Web account. I also disputed it so it says this this debt is currently being investigated. It also says this account was charged off in Oct. 2011.

 

So, my first answer I was going to say something along these lines....

The following named Defendant(s) answer(s) the complaint as follows: __Count One Breach of Contract  I deny the claim as the Plaintiff is stating that they are an assignee of Dell Financial Services/it online Bank.  As per the FDCPA an assignee does not own the debt nor is there now or was there ever a contract stating that I owed them the debt.  Additionally as per  FDCPA Section 809. Validation of debts [15 USC 1692g] this is the first time I have ever heard of Asset Acceptance LLC via any form of communication and I have no proof of said debt either the amount of including all interest and penalties. I only have proof on my credit report that said debt is currently being investigated due to a dispute and also it states that the account with Dell Computer/Web Bank has been charged off (in Oct. 2011).

 

Input, wording? Also, it says that is something is disputted or someone does not prove a debt within 30 days that you can file a suit against them. Also, how do they even know that I am the same person that has this debt. If they have a copy of the contract which I doubt because it was all done on the computer, I never hard signed anything, how do they know that the person in AZ is ever the same person who was in WA?

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Well, according to what the you tube guy said I could state that I have no knowledge of this debt as I suffered a Home Invasion in 2010 that has left me incapable of holding a job, sleep and or functioning in a regular capacity.

Then there's this argument: Lack of Privy, never entered into any contractual agreement either written or verbal.

Then he mentions latches: waitted a too long and has now put me in an unjust position to protect myself
due to current financial situation...

 

Okay, somehow I am going to write something up and post it and get responsed from all of you.....:)))

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Please, I need help. The research is making me crazy. Okay, on my old credit report I disputted Dell Financial because I returned a computer that wasn't working. It was a refurbished one. On the same credit report they no longer show up. Does that mean that I won the dispute? The 2nd question is Asset Acceptance shows up on my credit report. I would like to counter sue as a result. I never got anything from them about the debt except for the Summons. Can I now write the dispute and will it count as the 30 days after notice and can't I counter sue because they posted this on my credit report without validating the debt since I now an sending them a letter requesting it and or should I just include that in my answer? I have to have my answer written and take it to the court tomorrow. I have to work at 3pm and need everything done. They also have no date on the summons as to when I received it. How can they get a way with that?

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If you do not file an answer in 20 days you will lose.  This is the easy part. Don't worry any more about debt validation. It is too late!!! And they cannot win just because you did not ask for it.

Go to the courthouse with your pen. Ask the clerk in your precinct for an answer form.

 

On the form it will have these questions.

Name and Address of Plaintiff (so bring that with you) I am answering on behalf of:  my self

 

1. I admit or deny that this court has jurisdiction over this matter.     Admit if you live in the precinct of the court

2.I admit the following portion(s) of the Plaintiff's complaint:

I crossed out admit and put DENY above it. Paragraphs 1-10 of Plaintiffs complaint are all denied.

Look at the summons and see how many paragraphs that they are allegedly charging you with.

 

3. The Plaintiff is not entitled to judgement because:

 

I have never heard of or had any contact with XXXXXXXX(AA). I owe XXXXX(AA)$0.00

Plaintiff is not a proper party to this action and is therefore barred from pursuing same.

 

That is all there is to the answer so stress no more. I wrote it out at the courthouse in pen , had them time stamp it. They make two copies. One for you and one for you to mail to the atty. CMRRR. Keep a sticky on all your green cards so you know what they are for and to get your costs back.

 

Also at the clerk counter pick up a disclosure form and 3 motions forms.

 

The answer is easy so get it done!

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Clearly I am not using the proper terminology on Debt Validation. You all keep telling me to forget about it because it is too late. Well, what I mean is that they need to show me proof that this is a debt they can collect on. I have never received anything from these people. I disputed the debt with Dell and an affidavit from someone in their office stating that I owe them money is ridiculous. I am doing my forms and in case you guys didn't and or were not paying close attention, I am not kidding when I said I suffered a Home Invasion and literally don't and can't work outside of my home. I lost money, over $750 cash that the Glendale Police Department have not and don't intend to return. I lost over $5K getting illegally evicted. I lost another 5K in falsified move out charges, I lost $1K trying to keep my dog alive. I lost over $30k in computer, office equipment, and jewelry. I lost over a years relationship with my father and as a result I lost out on the purchase of a home for around $65K. Instead I am in a home that needs a ton of repair and cost $105K. It's not in my name. I don't have anything anymore thanks to all this. I literally make about $800 a month. My bills far exceed this. I was self employed before the Home Invasion. My car needs brakes, a battery, a windshield, tires... I jump started it just now to go to the store today and it died when I went inside. Paying court costs and the $65 filing fee to answer this is not possible. I no longer trust the court system in AZ. I don't trust very many people here in Arizona. Never in my life except in this state have I been completely lied to and stolen from. And if that's not bad enough to add insult to injury I have learned that you can't trust the courts or the police.

 

On top of being ripped off from the Home Invasion I also have a 55" Samsung TV that doesn't work that was covered under a class action suit and suppose to be repaired or replaced. Hasn't been done yet I have to pay and attorney to get my TV to work. I am so fed up and sick and tired of being ripped off and dealing with these low class idiots in this state I can hardly see straight. Arizona is a state that "if you are broke" then your a looser. Well, guess what. I am not a looser, I am broke because of the loser's here. My family has more money then GOD. They just happen to believe that you should work for it. Which in the past I did and always took care of myself. I have just gotten into a very bad situation and I am fighting like crazy to get back on my feet. Every time I turn around it's something else. If I didn't have bad luck I wouldn't have any luck at all.... Okay, I think I just got my 20 minutes of therapy just typing that. I lived in AZ over 25 years ago when I was just out of high school. I lived in the East Phoenix, Tempe, Scottsdale area. It sure was different here then. I live way West, now... if you brake check someone here they wave a gun at you. I live in a very small town too.... I won't specifically say where because I just ranted and raved and I am still afraid that one of the people from the Home Invasion may have a family member try and find me. I did not know either of the people that broke into my house but I am basically hiding now because I was told that a family member of one that is in jail has threatened to kill me if I testify against her. So, call me paranoid but when you wake up with a guy on top of you and a knife at your neck then you can apologize.

 

Okay, back to something more productive. I am going to file my doc's and I have compiled a lot of good information I think. Wish me success. These dirt bags need to earn an honest living and quit trying to stir up past debt from people that probably really wanted to pay it or else don't owe it at all. Not to mention that by posting things on Credit Reports it certainly isn't helping any of us in the employment arena. Which doesn't help them to get paid.

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You can ask the court for a hardship waiver of the filing fee.

 

Sorry to hear about all the bad luck.  The debt validation is like your dispute with Dell. It means you are telling AA you dispute . But if has to be done before th complaint is served.  Just curious Did they send you a Notice To Defendant  Handout with the complaint?? In your answer do not use laches.  And if you use Lack of Privy , also use Lack of Standing to sue the defendant as well.

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What is a Laches? I was going to use Lack of Privy and Lack of Standing. Also I did dispute the debt with Dell back in 2012. I was unable to dispute the debt with AA prior to the suit because that was the first I ever heard of them...

 

Yes, already got the forms. I can not file online or electronically at the court that mine is going through.

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