CountryLady

Looking for Asset Acceptance LLC Hicases

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Hello everyone.

 

Again, I want to thank everyone for all of the good advice and comments and support while I have been going through my fight with Asset Acceptance, LLC and Johnson Mark, LLC.

 

I did go see an attorney and I am getting some help.

 

Thanks again.

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My task from her is to jump on here and see who is involved with Asset Acceptance and get a feel of sorts of the numbers.  

 

This makes no sense.  The number of people on this forum from Oregon is most likely VERY small compared to the number of lawsuits they actually file in that state. 90% of the suits a JDB files result in a default judgment when the defendant no-shows.  Those people probably never research their options let alone post here.

 

That information is easily obtainable to her as an officer of the court.  All she has to do is log into the court system and search for all cases involving Asset Acceptance/Johnson Mark to find out how many people this could affect.  

 

Reputable class action attorneys do not have their litigants trolling for additional clients for them.  They know how and where to search for possible class members. 

 

For me to go after them isn't going to affect them one bit. Not sure what fines they will get for violating the Federal Court Order but she said a Class Action Suit will hurt them.  

 

She is wrong.  The FTC went after Asset a couple of years ago and they paid a 2.5 million dollar fine and agreed to change their practice regarding informing a consumer if a debt is time barred from suit and/or reporting when they send a dunning letter.  They are still embroiled in a class action suit in the midwest from 2012 after many attempts to get it tossed the appellate court finally ruled it could proceed.

 

http://www.cleveland.com/consumeraffairs/index.ssf/2012/05/asset_acceptance_faces_class-a.html

 

A quick Google search reveals there are plenty of class action firms looking for litigants to go after Asset Acceptance. 

 

She said to stress...no promises...a class action may not work out...a class action may not even be implemented...this is just to find out what numbers could be involved if we chose to go that direction.

 

The ONLY ones the class action case works out for is the law firm.  The litigants typically get next to nothing compared to the payout the attorneys get.  You would probably get more money filing as an individual.

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+1. Class actions are to make money for the attorneys. 

 

For the crimes against YOU, sue them as an individual. It's not your job to bring every person in the US, or even every person in OR that they've committed crimes against, justice. It's your job to obtain justice for YOU.

 

Concentrate on that. You have dealt with them long enough. On top of the issues of who makes money from class actions, they also are interminable.

 

Take a look at Linda Almonte's (yes, THAT Linda Almonte) website. It's been, I believe, 6 years since she blew the whistle on Chase. They are STILL deposing her, and her attorneys' best guess is that the case won't be settled for another 5 to 6 years.

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In a successful class action, the plaintiff representing the class will receive the full amount of his/her damages. For instance, if it's an FDCPA claim, the plaintiff would receive $1000 if that's what the court awards him/her.   Attorney fees will be subtracted from the remainder of the award, and the rest is divided among class members.

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A lead Plaintiff in class action may also receive higher compensation than actual damages. I've generally heard of amounts ranging from $7,500 - $15,000 for lead Plaintiff's on top of actual damages. These issues with Asset may further support your claim:

 

http://www.ftc.gov/news-events/press-releases/2012/01/under-ftc-settlement-debt-buyer-agrees-pay-25-million-alleged

 

http://www.huffingtonpost.com/2012/05/23/debt-collection-horror-stories-asset-acceptance_n_1540838.html

 

http://www.cleveland.com/consumeraffairs/index.ssf/2012/05/asset_acceptance_faces_class-a.html

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The point here is for the OP to find asset acceptance victims. I have to say that if the attorney really wants to she could in fact log on and become a member and maybe help all of us. I do invite the attorney as well, as any members of her staff and any other legal counsel to help. It is perfectly ok for the OP to have posted what she did. And to the members who may have thought or said that when a member is in over their head, they should get an attorney, how do your petards feel right now.

@CountryLady can you extend our warm invitation to your counsel and her staff

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The point here is for the OP to find asset acceptance victims. I have to say that if the attorney really wants to she could in fact log on and become a member and maybe help all of us. I do invite the attorney as well, as any members of her staff and any other legal counsel to help. It is perfectly ok for the OP to have posted what she did. And to the members who may have thought or said that when a member is in over their head, they should get an attorney, how do your petards feel right now.

@CountryLady can you extend our warm invitation to your counsel and her staff

 

I didn't say it wasn't okay to post the thread.  I said it was highly unusual because reputable attorneys do not ask their clients to troll for other clients.  In fact Bar Association ethics rules prohibit it.

 

The attorney can do what BK or PI attorneys do:  log into the court and search for litigants in cases involving Asset and then mail out the letter to defendants.  Given that a google search revealed a half dozen firms seeking class members for a case against Asset it seems odd that this lawyer didn't do a lick of research before embarking on this venture.  

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I didn't say it wasn't okay to post the thread.  I said it was highly unusual because reputable attorneys do not ask their clients to troll for other clients.  In fact Bar Association ethics rules prohibit it.

 

The attorney can do what BK or PI attorneys do:  log into the court and search for litigants in cases involving Asset and then mail out the letter to defendants.  Given that a google search revealed a half dozen firms seeking class members for a case against Asset it seems odd that this lawyer didn't do a lick of research before embarking on this venture.  

 

"I said it was highly unusual because reputable attorneys do not ask their clients to troll for other clients""

 

That was sorta not very nice. You don't even know my attorney.

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Your desire for retribution is understandable but given Asset's track record and their history of simply paying the fines and continuing business as usual your class action nor anyone else's is going to change their business plans.  They simply don't care because they collect 10 times the amount they lose when someone fights them in default judgments.  Not even the FTC and Federal Government swayed them.  

 

Asset was recently bought out by an even bigger bottom feeder:  Midland Credit Management.  I would not be holding your breath that you will see any major change anytime soon or that you will cause them any sort of pain.  The business model they have has them raking in almost 200 million per year they won't abandon it anytime soon.  Not even for a handful of class action suits.

 

 

"I said it was highly unusual because reputable attorneys do not ask their clients to troll for other clients""

 

That was sorta not very nice. You don't even know my attorney.

 

Then work on your posting skills before you hit "post" because your first one reads clearly as though your attorney asked you to find litigants for a class action suit.

 

Again:  reputable attorneys do not troll the internet message boards looking for clients and they do not ask their clients to find them other litigants.  You may not agree with it but that is the reality and why Bar ethics prohibit them from doing so.  

 

Yours is the second thread in the past 2 months thinking that this is how you find other litigants for a class action.  It isn't.  If you REALLY want to pursue this then all you need to do is contact a local class action law firm and discuss your case with them.  IF they believe it has merit and is worth pursuing they will use their resources to find other litigants to enjoin in the case.  You only need to provide them with the documents/evidence they request and let them do their job.  If they get enough members of the class that meet the criteria they will file the case.  If not then you have to file your own case as an individual.

 

The reason they do NOT want lay people seeking out class members is because what you as a non-legal person believes to be a class member may not meet the legal definition even if the others are involved with Asset as well.  

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There are other violations besides the FDCPA, and a good attorney can help you find them, and collect on them. I understand that you are not looking for money. BUT YOU SHOULD BE.

 

They stole a lot of your time, your reputation and your peace of mind. You ought to value yourself enough to say to them: you.will.pay.

 

Asset has done this to many people, that is true. But just as it's not the poor who build hospitals for the needy, it's the wealthy, it's also not the poor who strike fear in the hearts of the Asset Acceptances of this world; it's the powerful who have taken their money.

 

Take care of you first, then go after the class action, if that's what you have in mind.

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Posting skills, interpreting skills...think everyone needs to work on those.  I thank you for taking your time to respond. I believe we both know where this is NOT going. Enjoy what's left of the weekend!  It's been a cold one here.....

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There are other violations besides the FDCPA, and a good attorney can help you find them, and collect on them. I understand that you are not looking for money. BUT YOU SHOULD BE.

 

They stole a lot of your time, your reputation and your peace of mind. You ought to value yourself enough to say to them: you.will.pay.

 

Asset has done this to many people, that is true. But just as it's not the poor who build hospitals for the needy, it's the wealthy, it's also not the poor who strike fear in the hearts of the Asset Acceptances of this world; it's the powerful who have taken their money.

 

Take care of you first, then go after the class action, if that's what you have in mind.

 

Thanks for the encouragement, Wins the Battle. You are right. And that's pretty much what she said. I'm so bull-headed and so passionate about hurting them I lose sight of everything except to not stop.

 

And now that I think on it, maybe that's why she said it was okay to do the post here and tasked me with it....LOL...to keep me busy?  I appreciate the responses, but it looks like it's another tree I had to bark up to get me to calm down a bit.

 

Just so... frustrating. You know what's funny....initially, I just wanted them to stop it...to go away and leave me alone. Somewhere along the road I just got mad. Now I have to deal with wanting to make them pay til it hurts.  Like someone said up above....money won't hurt them...they have too much.  It's time for me to just relax and let her fix what she can and see how it all turns out.

 

You know though...if everyone just got mad and attacked...refused to back down...(I know, I know...in a perfect world)... everyone working together COULD hurt them.... make them stop this insanity. (We can dream...)

 

Thanks, everyone!

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Erin Brokavich(sp?)wasn't a legal person and she found plaintiffs. So I take what you said as a caution to some of us not to do what could maybe bring problems to the case. Anyway the OP is now represented and happier for it. Quite trying to harsh her buzz dude. :-)

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Erin Brokavich(sp?)wasn't a legal person and she found plaintiffs. So I take what you said as a caution to some of us not to do what could maybe bring problems to the case.

 

Erin Brockovich was 20 years ago. Things have changed quite a bit in two decades regarding class actions.  Hence the reason you see ads five or more times per hour for class action litigants on TV.  

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True that. I do have a question about that very thing. How do we know that the violators don't come to the attorneys and bring in a named plaintiff to lessen the damages the company would have to pay.

a hypothetical:

company violates law against thousands of people

Company seeks out an attorney who only settles

That attorney finds a named plaintiff and the rest are members of that class

the parties write up a settlement for a fraction of the amount of damages

the class is notified by a notice that appears as junk mail

the class has waived the violation forever.

The attorneys you see get all the money, but who loans them the money for litigation? That is something that worries me is class action is figured into the price of doing business.

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The attorneys you see get all the money, but who loans them the money for litigation? That is something that worries me is class action is figured into the price of doing business.

 

Many law firms use litigation finance companies who charge a high rate of interest to loan the money needed to pursue the lawsuit. Often these litigation finance companies are run by attorneys, who might also take a cut of the proceeds.

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You needn't stay a member of the class. IIRC, there was a woman in CA who opted out of the class action against Honda, over the severely inflated MPG advertised for Civic hybrids. She sued, alone, in small claims court, and won the max.

 

I will opt to stay a member of a class if a)I don't have the records to support my suing on my own and/or b)it's an issue that really isn't worth that much to me, in the first place.

 

A check for $75 for excess fees I paid at ATMS when visiting my daughter overseas is a gift, and I don't have to go through the pain of the actual case.

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Erin Brokavich(sp?)wasn't a legal person and she found plaintiffs. So I take what you said as a caution to some of us not to do what could maybe bring problems to the case. Anyway the OP is now represented and happier for it. Quite trying to harsh her buzz dude. :-)

Apparent nexus between Brockovich and private arbitration:

http://www.salon.com/2000/04/14/sharp/

In the PG&E arbitration, Girardi, Masry and Lack expected to settle the case against the utility for $400 million, according to a July 2, 1996, letter to their clients. The case was heard before a panel of retired judges in San Francisco and Los Angeles.

The former judges who heard the case were all employed by an Irvine arbitration company called JAMS/Endispute — one of the biggest such firms in the West.

Kathleen Sharp reports on business and entertainment from Southern California.

 

...

The attorneys you see get all the money, but who loans them the money for litigation? That is something that worries me is class action is figured into the price of doing business.

This may shed some light on how attorneys fees are justified to the court in a class settlement:

http://www.cptgroup.com/gutierrezclasssettlement/Memorandum.pdf

From the outset, prosecution of this action on behalf of the Class has involved significant risk. In agreeing to represent the Class on a contingent basis, Class Counsel risked their own resources with no guarantee of recovery.

 

More insights in a 172 page set of docs on a class action:http://www.connortcpasettlement.com/pdf/SwigartDeclarationwithExhibits.pdf

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Another option that might work better for you and your attorney would be a global settlement. When an attorney has several cases against a JDB they can negotiate a settlement on all cases at one time. This is assuming all plaintiffs agree and the cases are similar in nature. This doesn't get the publicity of a class action, but it gets everyone paid quickly and can make all of the original debts disappear. The positive thing from the plaintiffs side is that it can settle weaker cases by lumping them in with the stronger ones. 

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UPDATE

 

First off, wow, yáll are great to pipe in and add so much opinion and fact. Thank you. I have learned so much reading all the comments.

 

My wanting to consider Class Action was to hurt them. But it seems I can do that anyway.  They are in violation of Federal law... the FDCPA (did I get the initials right?  I rarely do...it's a mental block). Regardless, they violated the court order to do this, not do that, etc.  So class action isn't needed. They are red-flagged. I won't get anything, but I don't care. They need to be held accountable.

 

Now, on to what has happened on my end.  My attorney is fantastic!  I am blown away. Monday I paid my deposit. Yesterday we met and she loves the case.  Finds it "so interesting".  She knows my financial situation and has taken it from hourly to contingent. 

 

They tried another game.  And lost.  They filed for dismissal and told the Judge we'd settled out of court.  Pffft.  I got my copy on Saturday.  On Tuesday, I received another motion and a letter stating...oops, sorry, wrong letter. Said we didn't settle and filed for motion to dismiss for lack of me filing a counter-claim within the SOL.  Thing is...I DID file one....with JAMS.  I am the Plaintiff, they are the Defendants.

 

So, Pam filed papers today objecting to the motion, providing a copy of the counter-suit, and a few other things.

 

She faxed the paperwork to Johnson Mark. She said within 10 minutes their attorney was on the phone to speak with her.  His opening statement/question....  "What do we need to do to make this go away?

 

Yay, me!

 

Tomorrow or Monday she will present our settlement demands; which includes them paying me for pain and suffering.  If they want the confidential clause in there, it'll cost em a few thousand. Based on their conversations, it appears Asset is going to sign to make ME go away.  

 

Holy cow...know how good that feels?  All this time, I just wanted them to go away and leave me alone. Nope. They wouldn't do it. Now they want ME to go away and leave them alone.

 

Ain't Karma grand?

 

I'll keep yáll posted.

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UPDATE

 

Holy cow...know how good that feels?  All this time, I just wanted them to go away and leave me alone. Nope. They wouldn't do it. Now they want ME to go away and leave them alone.

 

Ain't Karma grand?

 

 

Indeed, Karma is grand; so grand in fact, that some of us are not allowed to talk about it! Congrats!!

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Why will you not get anything? Your attorney, if you prevail, will be paid for her time, on an hourly basis. She may, as is usual, also take a percentage of your award, but not 100%.

 

Right now I have an attorney who is representing me for the car accident I was in, in Feb. Still having headaches. Still having cognition and perception issues. But I am not paying them anything, and they are dealing with the insurance companies, both mine (this is a no fault state, so my insurer is paying for the medical care) and the other party's. When it's all said and done, they'll collect a percentage of what I get. But even before that, I don't, for example, have to deal with anything--talking to the other guys who would, RIGHT NOW, be trying to get me to settle for a pittance for having, at this point, had daily headaches for over three months.

 

Attorneys in class action suits make a lot of money, as do attorneys who work on contingency. But so do many who get paid upfront, and they are not dealing with any out of pocket expenses before the payday.

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Good afternoon CountryLady,

 

Asset Acceptance also filed on me in Colorado debt also was time barred made no difference so in my initial answer I asked for a $1000 fine according to the Federal Act (state the citation of act) for suing before notification of debt. . Email me privately if you desire. They do not give up quickly as each motion I file they usually counter. Read your original credit card statement and application. It should state YOU have the right to some kind of Arbitration in JAMS. That will cost them. I have a motion for stay of litigation and to proceed to JAMS. I am waiting to hear. Meanwhile I posted most of my Motions so you and others can learn.

 

http://www.creditinfocenter.com/community/topic/323542-asset-acceptance-sues-in-colorado-now-mediation-ordered/page-2#entry1294465

 

Thanks

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