ACCEPT ACCEPTANCE Unfair collection practices WARREN Michigan
Over 2 yrs ago I received a supeana that stated that i had a judgement againts me in the court for an old providian acct that was past due. I didn't receive any letters prior to this for any debt collection. I called them and out sheer fear and stupidity paid the debt as a settlement discount.
I received letters that stated my debt was paid and thought well everything was fine , 2 mo later I look at my credit report and the debt still showed there plus the lien showed as acive in the court even thou I had a paper from the court that stated I paid and the lien was satisfied. I have called for over 2 yrs this company and they always tell me the same, sorry, you paid we sent you the paper now you have to fix it they refuse to talk to me and hang up on me, which there isn't a way to do so, this has ruined my life, my dreams of buying a house. I have higher apr's because of all this I want to sue them for personal grief but don't know how to.
J.S.
orlando, Florida
U.S.A.
2 Updates & Rebuttals
I917
Skokie,Illinois,
U.S.A.
Lawsuit against Accet Acceptance
#3Consumer Suggestion
Fri, May 01, 2009
I am a victim of their unfair harassment as well and I will be filing a lawsuit against them. If we do a class action they can be suit for up to 500,000. Please go to www.ftc.gov/bcp/edu/pubs/consumer/credit/crel8.shtm. Under "Do I have any recourse if I think a debt collector has violated the law?" you can read about the class action lawsuit recovery money. If you will be willing to join me on my case please let me know. Thanks.
Tim
Valparaiso,Indiana,
U.S.A.
Some Advice
#3Consumer Suggestion
Thu, November 08, 2007
First, regarding the debt still being listed on your credit report:
1. A judgment will stay on your credit report for many years, even after you have paid it.
2. The debt itself can still be listed on your credit report, but it should state that the debt has been paid.
If the debt is listed on your credit report as a "derogatory, unpaid account" then you simply need to file a dispute with the credit reporting agencies and get them a copy of the satisfaction of judgment form.
Second, regarding the lien:
I don't know how your local administrative offices are set up, but liens, although often granted by the courts, are not adminisered by the courts. You probably need to head to your County Recorder's Office, the Register of Deeds, or something to that effect, show them the Satisfaction of Judgment form, and ask what you need to do to get the lien removed.
Should Asset Acceptance have done this stuff for you? Maybe. They certainly had duty to inform the credit reporting agencies upon the change in status of your debt. A failure to do so is a violation of the FDCPA and the FCRA. Each of these lawsuits allow for a host of damages in a successful lawsuit, including attorney's fees.
So you may just want to consult with a lawyer.