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My case with Asset Acceptance


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Once my Midland case was dismissed, I received ANOTHER Summons from Asset Acceptance for a whopping $10K! This was after I responded to their notices with "Send me PROOF" Their response? A summons to court. BTW, Midland purchased Asset Acceptance.

 

So, here's the journey:

 

1. Summons Received:

I received the summons from Asset Acceptance for a credit card debt account that wasn't ours to the tune of 10K. WHAT?

 

2. Denial Letter Sent:

Sent immediate denial to the court and Asset's lawyers. Denied it on the claim that Asset had yet to prove I owned the debt via signed documentation AND they were litigious based on the current court load of cases in the local county civil courts along with a couple of examples of Asset being forced to pay for scrupulous debt collection practices.

 

3. Court orders mediation:

A month after sending the Denial letter, the Court orders us to Mediate and the cost to be shared. REALLY? $200 gone.

 

4. Mediation:

The first sign of trouble was when we arrived, the Mediator stated the lawyer was running late and since he KNEW him from other mediations, he would show up. The second red flag was when the lawyer arrived, the mediator assured us we would be able to work out the best solution for us to pay this debt so no court was needed. WHAT? ? ? I thought the mediator was to be impartial. This guy presumed we needed to pay, thus we owed it....before we ever spoke one word. 

 

The lawyer was sly, dodged every request when we mentioned we sent proof letters that were ignored and asked him to show us the original documents. He refused to answer and the mediator just let it happen. I have no faith in this process. In the end, it was decided we didn't owe the debt, but it would go to the court for dismissal.

 

5. Trial Date:

However, we received a trial date notice because Asset had a change of mind from the mediation and decided to pursue it anyway. REALLY have no faith in the process now. I was getting nervous. Up to this point, I didn't think I needed a lawyer. Everything had gone sour so I was going to let the judge decide. I was done trying.

 

6. Judgement

Received notice from the court that the case was dismissed. AMAZED!!! I'm sure Asset is free to refile it, but based on their own records, it falls out of the statute of limitations.

 

Total cost? $212.32. Mediation + Cost of certified letter response. No lawyers were hired. Thank you CreditInfoCenter for the links, the info, and the encouragement to fight this. The emotional upheaval is now over.

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Right on!

 

4. Mediation:  In my state there is a bit of a problem as an oversight committee reported that the mediators were giving unfounded legal advice to people that chose to mediate.As soon as I read the report I had the courts accept my decision to opt out of mediation. Like you sad ...the mediator just let it happen.

 

Total cost? $212.32. Mediation + Cost of certified letter response. And a little wiser aye!!  I like creditinfo ::punk:: too. Lots of nice folks here from all around the USA who are very helpful! Congrats are in order MyOwnLawyer! ::celebrate::

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 Thank you CreditInfoCenter for the links, the info, and the encouragement to fight this. The emotional upheaval is now over.

 

There are some very wise and experienced TX members here.  Thank you for acknowledging them.  And congrats for fighting your case and seeing it through.  As you know, the vast majority of debtors just give up and get a default judgment against them

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