Asset Acceptance does this sound familiar? Has Asset Acceptance done this to you? Warren Michigan
I am dealing with this company. I sent a letter for debt validation and they responded, but they are unable to provide me with the information I requested (ie) a complete payment history, dates and amounts of credit line increases, date of last transaction, all the typical questions one should ask in a debt validation letter.
AA sued me anyway, and we have had numerous pretrials, filed Discoveries and Interogatorys ( and, by the way, their set of paperwork contains so many lies that I can prove!!!), and in the end, the attorney for AA cannot give answers to any of my questions. In fact, the attorney was told to show up in person for the last pretrial, but the attorney DID NOT show, so a trial was scheduled. So here we are.
There are some recurring themes about this company on the internet. I'd like to know if any one out there has had any of these problems with Asset Acceptance..
Is Asset Acceptance after you for what you believe is a bogus debt? Do you have a problem with an overinflated amount that they say you owe them? Have they been unable to validate the debt, but sued you anyway? Have you had a court date with Asset Acceptance where they failed to show up for court? Did they send you settlement offers after they filed suit against you?
Lets put it this way--if I have to go back to court, I want as much evidence to show the judge about the unscrupulous way this company goes about trying to collect.
Victor
Springdale, Ohio
U.S.A.
4 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Debra, If you were not served, you were not legally sued!
#5Consumer Suggestion
Thu, November 02, 2006
Debra,
Is there actually a default judgement filed against you? If you were not served, you were not sued legally. You can say you never got served and get the judgement [if any] vacated.
Also it is common practice for them to serve an old address that they know you do not reside at in order to show 'good service' to the court. This practice is not only illegal, it is an ethics violation that can get a lawyer disbarred.
As far as the other poster goes, a motion to dismiss needs to actually be filed on the basis of default of the plaintiff for not showing up. This gives you grounds to appeal if they happen to win.
You can also file a motion to dismiss for reason of frivolous lawsuit. Explain that you asked for validation that was never provided, prior to them filing suit.
You can recover your losses for them wasting your time with a frivolous lawsuit.
Debra
St Cloud,Florida,
U.S.A.
Their Shady Practices
#5Consumer Comment
Wed, November 01, 2006
Well, I got sued by them. I did not go to court because their papers were so shoddy looking that I did not believe they were real. Yes, they WAY OVER Inflated the amount and keep adding more and more on! Even though they sued me, they keep sending me settlement offers about once a month. I never did get any papers hand delivered to me by a sheriff. If I would have, I would have went to court.
In your case, I don't understand why the judge did not dismiss it then and there when these low-life scumbags did not show up in court. Hmm... maybe you can have a lawsuit against the judge too. Only a lawyer knows for sure.
They will probably be calling me today because they see I responded to this. That's what happened last time!! I kid you not--just a few hrs after my posting! Here's another thing that they do--they try to garnish your wages when you are a seasonal employee of a company. Legally, they cannot collect a dime when they do this because you have to have a yr. of continuous employment at a job for them to do so. But they like to do this because it causes embarassment for you. But, I have done some research and have some proof of their illegal tactics. I am thinking of suing them myself.
Vic
Cincinnati,Ohio,
U.S.A.
yes, I did that
#5Author of original report
Wed, November 01, 2006
I did ask that the case be dismissed, but the pretrial judge said that there must be a good reason they didn't show up. The clerk called Asset Acceptance( again, if I wouldn't have shown up for court, would the court try to reach me by phone to find out why I hadn't shown up?) and the lawyer who answered the phone said that he had 'forgot'.
The pretrial judge then basically said, "thats OK' and scheduled another trial. I wrote the courts, saying I thought the hearing was a sham, and it would have been me who had not shown up, well, thats Assets game, isn't it? They hope you don't show up and they get a default judgement. But when they don't show up--they get a SECOND chance?
The system isn't fair, this should have been over last march when AA could not validate the debt, instead they waste my time and the courts time, hoping for yet another court date that I could potentially miss so that they could get the judgement.
J
Anna,Texas,
U.S.A.
Their lawyer didn't show up?
#5Consumer Comment
Wed, November 01, 2006
Why didn't you ask the judge to dismiss the case with prejudice? If you hadn't showed and their lawyer had, things wouldn't have gone well for you.
Good luck with this and be sure to let everyone know how this goes.