Asset Acceptance LLC Going to Trial, Judge wrote both of us a letter Brandon Florida
I need to know if anyone has gone to trial with Asset Acceptance LLC? I have a trial date coming up, I had sent them a validation letter when I first received my notice to appear and that was in June. We have been to two mediations, the first they did not appear, then they reopened and on the second, nothing was settled. I wrote to the judge informing him of what is going on and asking that he atleast take a look at the case in its entirety and see that Asset Acceptance has not complied with the rules.
I later found out that Asset had filed a Motion for Summary Judgment with the clerk of courts, but never reached the judges office because they were missing PROPER documentation. I took the liberty of once again writing to the judge and explaining that Asset is trying to sue illegitametly. I finally recieved a letter from the judge in October stating that he understands that many consumers are not knowledgable about what they say they owe. So in turn (long story short) the judge is basically setting the case for trial and in the mean time, informed Asset that all my questions needed to be answered either before Trial by motions or hearings, or at trial. He also stated that he needed Asset to produce at least one year of billing statements prior to charge off so that I may be aware of what my charges were.
So, Asset has not done anything....yet, but file motions for them and their witnesses to appear by phone. Can anyone help me, any suggestions as to what can happen at a 15 minute trial?
Emra
Miami, Florida
U.S.A.
9 Updates & Rebuttals
Emra
Orlando,Florida,
U.S.A.
ASSET ACCEPTANCE LLC
#10Author of original report
Wed, January 02, 2008
Well, thank you guys, Steve and Bart, for your advice, Before the holidays, Asset filed a "statement" with the courts, Mind you....its "A" statement, with the wrong address, only fees assesed was from late and over draft fees. I'm not sure if they have any more, but that is all they filed with the courts, along with an affidavit, (which was also attached to the complaint). I'm not sure what is to happen from here. The Judge did mention that all documents supporting the claims should be filed PRIOR to trial and that it should not take no more than 15 minutes. No extension of time will be granted after this trial. So that is where I am now.
Steven
Jacksonville,Florida,
U.S.A.
Just go to court
#10Consumer Suggestion
Fri, December 28, 2007
You should probably consult a lawyer but if this is small claims normally lawyers cannot argue the case just stand by you and offer advice.
The worst thing is not to show up. If they haven't provided info then go to court and say you have yet to see the info the judge asked them to provide you.
Bart
Springfield,Missouri,
U.S.A.
Steve, what is your oinion
#10Consumer Comment
Fri, December 28, 2007
on the phoner court appearance ploy.
I would think the court would be pissed that an entity filed a suit and then requested the phoner, knowing full well that they filed a suit "out of town" so to speak.
Steve
Bradenton,Florida,
U.S.A.
This is a standard ploy. They are hoping for the easy default judgement.
#10Consumer Suggestion
Fri, December 28, 2007
Emra,
You MUST file a motion for DISCOVERY. Go to the court in which this suit is filed and see the clerk of court. They will usually assist you in this filing and usually have a standard form available to file.
It is total crap that Florida allows this telephonic crap. The JUNK DEBT BUYERS are loving it, as they don't have to pay a lawyer to actually show up, but they can still hope for the easy default judgement if you fail to show!
The Florida courts are in bed with big business. Beware.
If there is any way at all you can get a lawyer, do it. However, ONLY get one who specializes in debt matters.
Steve
Bradenton,Florida,
U.S.A.
This is a standard ploy. They are hoping for the easy default judgement.
#10Consumer Suggestion
Fri, December 28, 2007
Emra,
You MUST file a motion for DISCOVERY. Go to the court in which this suit is filed and see the clerk of court. They will usually assist you in this filing and usually have a standard form available to file.
It is total crap that Florida allows this telephonic crap. The JUNK DEBT BUYERS are loving it, as they don't have to pay a lawyer to actually show up, but they can still hope for the easy default judgement if you fail to show!
The Florida courts are in bed with big business. Beware.
If there is any way at all you can get a lawyer, do it. However, ONLY get one who specializes in debt matters.
Steve
Bradenton,Florida,
U.S.A.
This is a standard ploy. They are hoping for the easy default judgement.
#10Consumer Suggestion
Fri, December 28, 2007
Emra,
You MUST file a motion for DISCOVERY. Go to the court in which this suit is filed and see the clerk of court. They will usually assist you in this filing and usually have a standard form available to file.
It is total crap that Florida allows this telephonic crap. The JUNK DEBT BUYERS are loving it, as they don't have to pay a lawyer to actually show up, but they can still hope for the easy default judgement if you fail to show!
The Florida courts are in bed with big business. Beware.
If there is any way at all you can get a lawyer, do it. However, ONLY get one who specializes in debt matters.
Steve
Bradenton,Florida,
U.S.A.
This is a standard ploy. They are hoping for the easy default judgement.
#10Consumer Suggestion
Fri, December 28, 2007
Emra,
You MUST file a motion for DISCOVERY. Go to the court in which this suit is filed and see the clerk of court. They will usually assist you in this filing and usually have a standard form available to file.
It is total crap that Florida allows this telephonic crap. The JUNK DEBT BUYERS are loving it, as they don't have to pay a lawyer to actually show up, but they can still hope for the easy default judgement if you fail to show!
The Florida courts are in bed with big business. Beware.
If there is any way at all you can get a lawyer, do it. However, ONLY get one who specializes in debt matters.
Bart
Springfield,Missouri,
U.S.A.
Someone like Tim would be a big help right now
#10Consumer Comment
Thu, December 27, 2007
"Both the attorney and their witness have filed to get permission to appear telephonically since they believe that it will be cost-prohibited for them to travel. "
I don't know if you can do it but you may want to find out if there is a way to make them appear in person.
The "cost prohibitve" excuse should have been a consideration when they bought the debt.
They can't reasonably say that they thought no one would contest any of their assertions.
But no one has actually accused them of being business savvy.
It is my belief that they are asking for this because they can not produce actual evidence or lack thereof.
Seems more of a strategy approach to me but I could be wrong.
Then again, no physical evidence being submitted "live" may in fact help you.
I definitely would consult an attorney if I were you.
Emra
Orlando,Florida,
U.S.A.
UPDATE:Asset Acceptance LLC Trying to file a Motion for Summary Disposition, but have not provided proof that the debt is mine Brandon Florida
#10Author of original report
Thu, December 27, 2007
Well I was trying to update my other post with the same title but was unable to. I wanted to inform everyone that I am very grateful for their post and their insight.
TO update on what is going on right now, The trial date is still set for next year, the judge has requested them to provide itemized billing statements atleast one year PRIOR to charge off. We are now in december and they sent me ONE bill from what they claim was the original creditor. THe bill only included late fees and overdraft fee. Thats it. The address is wrong, they posted a PO BOX that I never had. So I guess I am still waiting for trial. Both the attorney and their witness have filed to get permission to appear telephonically since they believe that it will be cost-prohibited for them to travel.
I have not filed anything else since the judge has been the one requesting documents, but if anyone else has insights, please let me know.
Thank you.