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Asset acceptance llc in texas


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I just, today, received a summons for debt owed by Dell that is being pursued by Asset Acceptance LLC. After looking over the claims and information a few things popped up in their affidavits and exhibits that alarmed me. First and foremost they provided no signature regarding the original agreement and even more so they have an improper birthdate and from what I can tell an incorrect social security (the first 5 digits blacked out with marker but you can still read clear as day).

Its my understanding I need to start with a response from now until 14 days along with a notice for debt validation but, is this common practice for information to incorrect?

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In any case, can anyone provide me with information on where to start and how to go about dealing with these people? I just don't feel comfortable dealing with people asking me for obscene amounts of money and cant even provide me with a proper ssn or birthdate.

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When you say that you received a summons I am assuming that a process server showed up at your home and handed it to you, right?

 

I am not familiar with "pocket docket."    If it states that you have 14 days to answer then you do need to file your answer within that time or they will get a default judgment on you. 

 

Are you saying an affidavit was included with their original petition?  And what are the exhibits are you referring to? 

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Thanks for the timely response everyone. Yes along with the petition is an affidavit of business records included as part of exhibit A, from what seems to be an authorized rep of Asset Acceptance stating he has access to pertinent account records related to me and claims the attached records of what looks like a bill statement over the course of the account from 2004 to 2011. Along with this is also a bill of sAle to what seems to be how Asset acquired this account from the original creditor.

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What is the ballpark amount they are trying to collect?

 

If it were me I'd elect arbitration via JAMS "now" by sending the election notice to both Asset and their attorney.  On the Dell agreement here - https://dl.dropboxusercontent.com/u/98854297/Dell%20Preferred%20WebBank%20no%20date%20%28JAMS%29.pdf it says that your cost would only be $125 with Asset bearing all the other costs.

 

After the election notice was sent, I would then answer the summons and use the defense of the election of arbitration within your answer.  I would also file a MTC arbitration with the court at the same time.

 

Read in the arbitration forum this thread to understand the strategy and steps - http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

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What is the ballpark amount they are trying to collect?

If it were me I'd elect arbitration via JAMS "now" by sending the election notice to both Asset and their attorney. On the Dell agreement here - https://dl.dropboxusercontent.com/u/98854297/Dell%20Preferred%20WebBank%20no%20date%20%28JAMS%29.pdf it says that your cost would only be $125 with Asset bearing all the other costs.

After the election notice was sent, I would then answer the summons and use the defense of the election of arbitration within your answer. I would also file a MTC arbitration with the court at the same time.

Read in the arbitration forum this thread to understand the strategy and steps - http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

The amount is 3600. So even though the information you provided is in the Dell agreement it can still apply to the now owed amount from Asset Acceptance?

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When you say that you received a summons I am assuming that a process server showed up at your home and handed it to you, right?

I am not familiar with "pocket docket." If it states that you have 14 days to answer then you do need to file your answer within that time or they will get a default judgment on you.

Are you saying an affidavit was included with their original petition? And what are the exhibits are you referring to?

As stated before the information just seems to be gathered information on the account they are using as evidence. And yes i was served papers. Is it still possible to send an answer with request to settle? Perhaps for 50 or 60% the amount owed?

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You can settle at any time, the more of a fight you put up the more likely the settlement will get better. I'm not a big fan of that tactic myself. How do you actually know that you actually owe Asset any money? Because they say so? That's not proof as far as I'm concerned. If you settle with them will the debt actually be satisfied? Or will someone else come after you for the rest or all of it? Will a 1099-c get issued for the portion you don't pay? These are important things to sort out.

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You can settle at any time, the more of a fight you put up the more likely the settlement will get better. I'm not a big fan of that tactic myself. How do you actually know that you actually owe Asset any money? Because they say so? That's not proof as far as I'm concerned. If you settle with them will the debt actually be satisfied? Or will someone else come after you for the rest or all of it? Will a 1099-c get issued for the portion you don't pay? These are important things to sort out.

So what should I do considering I cant answer any of that?

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If you settle now, they will want $3,300 and a stipulated judgement - if you miss a payment, then it gets filed with the court and they really go after you.

They will want 3300 in payments? And does it get removed from my credit report?

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As stated before the information just seems to be gathered information on the account they are using as evidence. And yes i was served papers. Is it still possible to send an answer with request to settle? Perhaps for 50 or 60% the amount owed?

You definitely need to get your answer in within the time limit.  Don't offer to settle with them as they are very beatable.  You may feel that you owe the debt in full but don't think for one minute that you owe it to Asset Acceptance.  They do not have anything admissible in court to prove they own the debt.

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@Sameold

 

 

They will want 3300 in payments? And does it get removed from my credit report?

 

Payment would not remove the entry unless the 7 year reporting period has passed.  That period begins from the date of first delinquency reported by the original creditor.

 

Asset would only have to remove their entry if that condition is part of the settlement.  It would have to be stipulated that upon full payment of the agreed upon amount, Asset would remove their entry.  However, that would not remove the original creditor's entry.   It would surprise me if Asset would agree to a removal.  But, stranger things have happened.

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