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In 2003, I defaulted on a credit card with Chase Bank. Earlier this year, they charged off the debt and sold it to Asset Acceptance LLC. I ignored them, never called back, never wrote back for months. In June of this year, I received paperwork from them, stating they had field suit in civil court against me. I had done a lot of research, and stumbled upon the Statute of Limitations regarding Credit Card debt. In my state of Virginia, the SOL is 3 years for CC's. Apparently, they filed suit a week or two before the SOL expired, so it looks as though that won't work for me. In the paperwork they sent me, they openly admit that the original note/contract was either "destroyed" or had been lost.
On June 25th, I showed up to the pre-trial hearing. When I approached, the judge asked me "Are you disputing that you owe this money?". I said yes. The judge proceeded to discuss when would be a good date for the trial to begin, and wasn't really going to give me a chance to speak. He seemed to be in a hurry. I respectfully interjected and said “Your Honor, I’d like to ask that this case be dismissed.” The Asset lawyer rolled his eyes and looked irritated, and the judged looked at me kind’ve shocked. He said “On what grounds?” I said “Well, I believe the Statute of Limitations may have expired on this account.” He said “Please explain.” I said “My last payment was sometime around May in 2003, and it’s now June of 2009. The Statute of Limitations in Virginia is 3 years for Open Accounts.” The judge looked at the lawyer and asked what he had to say to that. The lawyer pulled out some paperwork and showed the judge and said that they had filed suit in April, and therefore he was under the belief that they had beat the clock. The judge told me “The Statute of Limitations would be a valid defense, but you’d need to bring that up in the court hearing. Based on what you’ve told me, I’m not willing to dismiss the case. However, they (Asset) have to show payment records to prove that this account is, in fact, not past the Statute of Limitations (and then he smirked and said), which they MAY or MAY NOT be able to do.” At that point I asked him to dismiss based on the grounds that I did not believe they had any evidence to prove I owed them anything. I told him that I had no business relationship with them, I had not contract with them, and I had proof, in writing from Asset that they do not own the original note or contract. He told me that that also would be a valid defense, but would be something I’d need to bring up in the actual trial, and not worthy of him dismissing.
I have until August 7th to file my defense and send it to the court and to Asset’s lawyers. I keep hoping every day that they will call or write me saying they’re dropping the case. I really figured they just thought I wouldn’t show, and would hope for a default judgment, and when they found out I was going to put up a fight, they’d back off. I can’t afford a lawyer, and don’t know what to do. I’d love any advice you guys have to give.
Thanks!
~Kevin
Cuinn,
The key is to respond to the complaint ASAP. I didn't and it probably would have saved me a lot of heartache. If it's been less than 30 days, do that. You can do a quick google search to figure out how. Very easy.
As far as I'm concerned, long story short, I found that they actually beat the SOL clock, by a couple days (sneaky ###), so that wasn't probably going to work for me. I settled out of court with them, and the deal acually was not that bad. However, if you're sure your debt is outside the SOL, and especially if you can prove it, the judge will throw out the case automatically. He has to.
~Kevin
The complaint has been investigated and resolved to the customer’s satisfaction.
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I had all but forgotten about Asset Acceptance… During the time period from approximately [protected], they began claiming that I owed them $1, 500+ for a "loan" from National City Bank. The only reason I knew they were claiming this was because a "Mr. Abrahamson" called my parents house repeatedly trying to collect the money. I moved out of my parents house in 1999 when I was 17 yrs old and have never used their address or phone number for any financial transactions. Also, I've never taken out a loan in my life. The only connection I've ever even had with National City Bank (now PNC) was a checking account that I closed in 2002 and I did not have any outstanding checks or transactions and owed them nothing. My mother, who answered the phone when they called HER house looking for me, was going to just pay them (yes, I know not very smart of her to do without even checking with me first). She even got her purse and was ready to give them her credit card information, but lo and behold, they would not accept a credit card payment. They insisted that it could only be paid with an electronic debit from her bank account or with a debit card. At that point she finally got suspicious and told them she was going to have to talk to me first. She even gave them my correct address and phone number so they could contact me directly (which they never did). She then called me to ask about the situation. I told her that I knew nothing about this "loan" they were referring to. I told her that the fact that they would only take a debit or EFT was suspicious to me. It sounded like a scam to either get her bank information or to just get the money without her having the same protections you get when you pay for something with a credit card? They continued to harass her for two years (saying they were with the *** county District Attorney's office, among other things). Finally my Dad talked to them and sent a letter from his attorney ordering them to stop calling their phone.
Neither I nor my parents had heard anything from them since…until today. I got a letter in the mail from Michigan Department of Treasury Unclaimed Property Division saying that they may have some money that is owed to me. The letter directed me to the State's website where you can search for money that has been turned in to them that is owed to you. So, I went to the site (Michigan.gov address so it is a legit site) and there were three entries for me. One of which is Asset Acceptance LLC. This makes no sense—I never have given them a dime (nor has anyone on my behalf), so why would they turn money over to the State that belonged to me. None of the three companies that came up in the search results specified an amount. I am afraid to pursue getting my money now because I'm wondering if this is some new scam (I.e. turn in a small amount of money that they "owe" you and then if you claim it, either that somehow acknowledges that you had a debt with them at some point, or possibly once you try to claim it, they say it was an "error" and then try to charge you a ridiculous amount of fees+interest to pay them back). Is that just being overly paranoid? After my prior experience with Asset Acceptance and from reading these message boards, I wouldn't put anything past them.
Does anyone have any thoughts on this?
people continue to ask for money they cannot pay and banks continue to lend money knowing that people cannot pay. The SOL was placed to protect the consumer. Credit card companies dont sent the consumer to collection untill they have occumulated alot of fees on the delinquent debt. Once they have a few hundred or thousand dollars more to collect from you, them they send you to collections. In collections, they collect all that debt but the credit card company will get the amout owed and some and go home happy. And they dont care why the consumer couldnt pay. Its true, some people are very inresponsible but some people really do have crisis and huges situations that can be resolved with the credit card companies. Collections companies like Asset Acceptance should get their facts streight though. Becouse alot of people dont own these debts. As a matter of fact, alot of people had never had these debts and they are trying to collect from the wrong individuals! That is wrong! Yes, they do want their money. But not this way. First, make sure you have the right person. Then collect from them. HIGH SCHOOLS SHOULD START TEACHING THESE THINGS TO PREP FUTURE CONSUMERS ON HOW TO BE RESPONSIBLE WITH MONEY.
Stealth Pilot and John up there are completely fooling themselves: greed is what got us in our financial mess, and banks are no exception! They are crooks and so are these collection agencies--literally, in some cases.
John,
I am a hard-working, even frugal, war veteran and I'm in the same mess due to under-employment.
Stealth,
banks should never loan money to people who can't pay them, but the do! Think about that!
We may be able to help if the charges/bills were never owed or discharged and these calls are to your mobile number.
Please check out the following link.
http://www.topclassactions.com/lawsuit-settlements/requested/849-debt-collection-calls-text-messages-to-mobile-phone-class-action-lawsuit
If you're not posting to make a complaint about Asset Acceptance, then stop wasting your time and energy trying to give people a slap on the wrist for their past actions. Life is a series of learning experiences, so why make yourself sick over the actions of others when you cannot do a thing about it? Stress kills, so I suggest you stop letting petty things like this bother you, naysayers, otherwise, one day it may get the best of you.
The lenders out there allowing people to take on debt they cannot handle are just as faulty as those who acquire debt accounts without the means to pay it back. The entire system needs work, not just the people that borrow. It's a fact of life that people are not perfect. Our society pushes the idea of living lavishly beyond one's means. If people do this, it's their own choice, and if they make mistakes, we can only hope that they learn from them.
Asset Acceptance has been calling my grandmother harassing her trying to contact me. I've never used my grandmother as a contact or reference on any account ever. Now they are having a lawyer Edwin Abrahamsen call her number for me as well. He was sweet talking my grandmother telling her..."Tell Megan I said good luck...She'll know what I'm talking about. NO you creep, I don't know what you're talking about, so get a clue, you have the wrong number, and I've never spoken to you before so good luck with what? WEIRDO. I'm calling them tomorrow to request validation of this so called debt. I haven't opened any accounts in over three or four years, so I'm almost positive the SOL is up since the SOL for PA (the state they are calling from) is 2 years. I don't recall anything specific but we will see. I will come back and post more after I speak to them. And they better speak English otherwise, I'll lose my patience if I cannot understand their jibberish.
they are thiefs they buy portfolios from the banks on bad debt they wait untill you have a job then they garnish your paycheck and what they do is in the court letter they advise for hr to hold the monies even though the monies already has been taking out of my paycheck they charge interest on the balance they should be sued a 900 debt from a bank turned to 1333.00 I cannot afford an attorney reason for the debt I lost my job the bank did not want to take what I could afford so they charged it off and asset acceptance bought it they are dishonest should be sued the courts just sign papers without reading it how dare they tell human resource to hold the monies untill they get a release form from them my balance will keep going up
I agree, I just had $11, 000 stolen as far as I am concerned, from my bank of america account yesterday. From Asset Acceptance LLc, I am disabled and have been hospitalized several times and ignored their threats... I wish I didnt but i was fighting for my life, now I have nothing! If anyone knows how I can fight back here in Florida, share!
ASSet has been trying to collect a debt from my wife, I contacted them and got the whole debt collector BS. So I called the original creditor and talked to them. They told me this account was not in collections and never had been in collections. They are sending me a letter to prove that and also stated ASSet Acceptance is a FRAUD and do not pay them any money...
If anyone need an attorney in New York - I have successfully dealt with Asset before under the FDCPA.
Feel free to contact me for free advice or free representation.
Sincerely,
Attorney Harvey Rephen
212.796.0930
consumeradvocatenyc@gmail.com
Kevin, I am in the same boat as you and just don't know what to do. I know statue of limitations is up and I don't owe the money. Let me know how your goes. Cuinn
I agree with all the people that consider Asset Acceptance LLC. to be ###, they are and so is the ### that works for and defend them.
I would like to get with other victims of Asset Acceptance Asset and sue them!
Here is my story: it is 2010 and Asset Acceptance LLC has just stolen $5000 from my bank account. They claim it is from an old $900. visa from 1995. They severed someone with my last name in an other state. That person discarded the summons and Asset Acceptance automatically got a default judgment against me. They then used a Domestic Interstate Transference to transfer the judgment to the state of my residence and take the money plus 15years worth of interest from my account. They are cowards and crooks and they purposely sneak cases through courts without giving you the chance to fight it. Asset Acceptance knows that the only way to win is by default. You often need a lawyer to fight them which is so costly that most people just "give in to them".
I have learned that they constantly troll these blogs because they DO NOT want us to know about each other and they especially do not want us talking to one another. If you see any comments that support their tactics I can guarantee you it is just one of there "employee ### plants"
Organizing together is the key (just "Google" their name and you can see that they MUST be stopped)
I have no legal expertise I am just a another victim who is determined to stop them...I have created an email address just for this fight so feel free to write me at standup2scum@aol.com
Victims and Lawyers interested in representing a Class Action case against Asset Acceptance are always welcome to email me.
Sincerely Victim X.
I too am having to defend my self from a 10 year old debt in which Acceptance has manufactored false dates. But I had to hire my family law. I have been unemployed for 2 yrs so this is a big burden. Some one in DC needs to put a stop to fake and costly lawsuit from big bussiness.
Why don't you losers stand up and take responsibility for the money/goods you stole from the rest of America and the government. Quit spending money you don't have on junk you probably don't have anymore. I am sick and tired of slackers like you trying to blame someone else for attempting to collect money "credited" and never repayed. This country is crippled by useless unresponsible jerks like you that continue to think someone owes you something, when in fact it is YOU that owes the debt.
Kevin,
You are in a contest consisting mostly of a game of chicken, or a theatrical game of stare down to see who will blink first. Legal battles are always fought not with truth, but with posturing. They are waiting for you to break and call them before the trial and they are holding thier breath, hoping you will. Just show up. They haven't shown you any proof that you owe them anything. They can't just say it so and not prove it to you. And they have to fully disclose their proof to you bfore the trial, not spring it on you the day of. My bet is the filing of the complaint is the extent of the legal course open to them. You may not need an attorney, but if you did get one (they are not cost effective ) Asset would be liable to pay for yours should they lose.
-John
Kevin, what ever happen on this case?
Did you go to trial yet, and is this over?
-Matthew