Complaint Review: Asset Acceptance

John,

That 30 day thing means absolutely nothing. If a "debtor" NEVER responds to a collection notice, his/her rights are not affected whatsoever. This comes straight from the FDCPA. The 30 day thing referenced on collection notices is designed to provoke a response from you, as well as to determine if the "debt" is worth going after.

Debra only got part of the story right, but that is probably due to the limited education and lack of comprehension skills of debt collectors aka bottomfeeders.

FYI..My credit was perfect with a 735 credit score and a 14 year spotless payment history when I walked away. I was not in default.

Now, as far as the "legal advice" you think I am dispensing, you are a moron. I made it clear HUNDREDS of times here on ROR that I am NOT a lawyer and this is not legal advice! Is there some part of that which is hard for you [and others] to comprehend?

I simply tell people what worked for me, and also give people enough information to point them in the right direction. There is nothing wrong or illegal here. Guaranteed. Most states have requirements in the law for it to be a violation such as actually saying you are a lawyer when you are not, and/or recieving some sort of compensation for the advice. I have done niether.

You collectors just cannot stand that I educate people enough to avoid you, and to beat you when you go to court.

Find a respectable job, and be silent.


>>>>>>
John
Gainesville, Florida
U.S.A.

30 Days to Dispute Debt
The first thing to remember when contacted by any debt collector is that you have 30 days to dispute the debt in writing. After 30 days, they may assume the debt is legitimate. When you dispute, even if they drop collection attempts, they can sell the debt to another company, and the 30 day dispute deadline starts all over.

This does not mean they will win or lose in court, or even if you owe or don't owe the debt. This is only about whether or not the collector can assume the debt legitimately. I also cannot specify about if they do not contact you and you discover the debt on your own (such as through a 3rd party or from a credit report review), but the key part is still to dispute in writing.

The original post indicated that a dispute was via telephone. Unless you have some legal method of taping the telephone call (and I don't believe you can tape calls place by yourself in most if not all cases), I would never contact a debt collector by telephone, as you have no real way to prove what was said. Always stick to written communication to dispute and request information about a debt.

It might be a little late for this advice now, but hopefully, it may help next time or help someone else. In the meantime, I wish you luck with your issue. I have been a victim of their illegal activities also and seem to be unable to do anything about them illegally changing the date of a credit account to keep in on my record for an additional 5 years, and Experian refuses to accept the facts, even when shown the original debt that they purchased.

I can only hope that someone or some collective of people can bring Asset Acceptance down one day.

Submitted: 5/9/2007 10:38:34 PM
Modified: 5/9/2007 10:42:57 PM Debra
Eagan, Minnesota
U.S.A.

A little history
We have to remember, folks, Steverino, here has made a career out of avoiding his debt. As I recall, his business in Las Vegas tanked after 9/11. Something about it was travel related and he never really recovered from the slowdown afterward, whatever. He does claim to have called his creditors and attempted to make arrangements with them based upon what he decided was his ability to pay back. These arrangements were declined by the creditors. So, Our Hero 'loaded up his dually and drove around for three months,' having decided not to honor his commitments (Translation: the creditors weren't playing by his rules, so he picked up his marbles and ran off to join the circus. I love mixed metaphors.).

In any event, he is now a legal authority par excellence. Personally, I would be interested in seeing evidence of his JD. I know that in the state of Minnesota (Hi, Amy!)only attorneys can dispense legal advice. I wonder what the Florida State Bar would think about this. Not that any such threat would bother Steve. As he is so eager to remind everyone, he KNOWS. A little knowledge is a dangerous thing.

Keep on, Lucile and Amy.

Submitted: 5/10/2007 6:28:31 AM
Modified: 5/10/2007 7:31:31 AM

Lucille is spelled with two L's not one and I do believe you are a bottom feeder and from the way you write not to very bright.. Probably a dude.

Furthermore I am so happy that the creditor junk dealers waste my time to tell me all about Steve''s history. I am so glad that you sit in the seat of God to judge him. I am so glad that their (bottom feeders) pathetic little lives are so perfect that they can lie and manipulate the truth in order to put hideous fear in people to force them to react emotionally and not logically. Why don't you confess your sins to us adultery, alcohol, drug addiction, child abuse, lying, breaking the law willfully and knowingly? Come on how about some fair play here your definitely no prize. Let him that has not sinned throw the first stone. At least Steve is working within the law. This is the only job you can get what a bunch of evil losers.

You see lying, stealing, and breaking the law is a lot worse than defaulting on credit due to misfortune. There is nothing so miserable as people that lie and cheat and break the law to make people live in horrible fear. Come on admit it you bottom feeders are sick. How can you live with yourselves after screaming erratically at people rather than talking like humans. How can you justify negating humanness and compassion to fight for what is not legally yours? You are stupid enough to buy bad paper and now you are trying to force people to pay for your stupidity. Why should you have access to the courts because you made a bad investment that you can not even prove. If you could you would. You play games with peoples heads so that you can force them to do what they do not have to do.

Steve may not be the best person in the world but at least he takes time to help people that are in so much fear and anger and have no where to go. And if he is so wrong why are you wasting your time being on this thread. If he is wrong then you will win in court so why bother? Your bothering because if you cannot keep people in fear you lose all your power and you feel worthless. (By the way he is not practicing law he is sharing real experience with those in need.)

So what his business tanked so would the businesses of the bottom feeders if they didn't lie, cheat, steal and break the law you tell me who is worse. You are in case you can't figure it out. What would you do if that puny job of yours ceased to exist tomorrow there are no guarantees. Some of these people that you are bulling are eating out of food boxes, can't afford their medicine, are living hand to mouth, their children are going hungry aren't you proud of yourselves. The Bible clearly states you will reap what you sow and if you live by the sword you will die by the sword.

I do believe that I have had an epiphany these Junk dealers are trying to keep everyone so terrified and angry that you will respond irrationally. If they call you hang up change the number keep it unlisted you pay for that line and not to have to listen to evil people Send you letters and save everything. If they do not fulfill their legal obligations by giving you the information you have a legal right to then the judge will consider that. Remember that in court. Sue the crud out of them. Report them destroy their business and then we'll see who can't pay their bills.

As far you bottom feeders I think you best be looking to your eternity money in this life is nothing.

Alos none of these people know me so they have no idea of my sins.

Lucille is spelled with two L's not one and I do believe you are a bottom feeder and from the way you write not to very bright.. Probably a dude.

Furthermore I am so happy that the creditor junk dealers waste my time to tell me all about Steve''s history. I am so glad that you sit in the seat of God to judge him. I am so glad that their (bottom feeders) pathetic little lives are so perfect that they can lie and manipulate the truth in order to put hideous fear in people to force them to react emotionally and not logically. Why don't you confess your sins to us adultery, alcohol, drug addiction, child abuse, lying, breaking the law willfully and knowingly? Come on how about some fair play here your definitely no prize. Let him that has not sinned throw the first stone. At least Steve is working within the law. This is the only job you can get what a bunch of evil losers.

You see lying, stealing, and breaking the law is a lot worse than defaulting on credit due to misfortune. There is nothing so miserable as people that lie and cheat and break the law to make people live in horrible fear. Come on admit it you bottom feeders are sick. How can you live with yourselves after screaming erratically at people rather than talking like humans. How can you justify negating humanness and compassion to fight for what is not legally yours? You are stupid enough to buy bad paper and now you are trying to force people to pay for your stupidity. Why should you have access to the courts because you made a bad investment that you can not even prove. If you could you would. You play games with peoples heads so that you can force them to do what they do not have to do.

Steve may not be the best person in the world but at least he takes time to help people that are in so much fear and anger and have no where to go. And if he is so wrong why are you wasting your time being on this thread. If he is wrong then you will win in court so why bother? Your bothering because if you cannot keep people in fear you lose all your power and you feel worthless. (By the way he is not practicing law he is sharing real experience with those in need.)

So what his business tanked so would the businesses of the bottom feeders if they didn't lie, cheat, steal and break the law you tell me who is worse. You are in case you can't figure it out. What would you do if that puny job of yours ceased to exist tomorrow there are no guarantees. Some of these people that you are bulling are eating out of food boxes, can't afford their medicine, are living hand to mouth, their children are going hungry aren't you proud of yourselves. The Bible clearly states you will reap what you sow and if you live by the sword you will die by the sword.

I do believe that I have had an epiphany these Junk dealers are trying to keep everyone so terrified and angry that you will respond irrationally. If they call you hang up change the number keep it unlisted you pay for that line and not to have to listen to evil people Send you letters and save everything. If they do not fulfill their legal obligations by giving you the information you have a legal right to then the judge will consider that. Remember that in court. Sue the crud out of them. Report them destroy their business and then we'll see who can't pay their bills.

As far you bottom feeders I think you best be looking to your eternity money in this life is nothing.

Alos none of these people know me so they have no idea of my sins.

Lucille is spelled with two L's not one and I do believe you are a bottom feeder and from the way you write not to very bright.. Probably a dude.

Furthermore I am so happy that the creditor junk dealers waste my time to tell me all about Steve''s history. I am so glad that you sit in the seat of God to judge him. I am so glad that their (bottom feeders) pathetic little lives are so perfect that they can lie and manipulate the truth in order to put hideous fear in people to force them to react emotionally and not logically. Why don't you confess your sins to us adultery, alcohol, drug addiction, child abuse, lying, breaking the law willfully and knowingly? Come on how about some fair play here your definitely no prize. Let him that has not sinned throw the first stone. At least Steve is working within the law. This is the only job you can get what a bunch of evil losers.

You see lying, stealing, and breaking the law is a lot worse than defaulting on credit due to misfortune. There is nothing so miserable as people that lie and cheat and break the law to make people live in horrible fear. Come on admit it you bottom feeders are sick. How can you live with yourselves after screaming erratically at people rather than talking like humans. How can you justify negating humanness and compassion to fight for what is not legally yours? You are stupid enough to buy bad paper and now you are trying to force people to pay for your stupidity. Why should you have access to the courts because you made a bad investment that you can not even prove. If you could you would. You play games with peoples heads so that you can force them to do what they do not have to do.

Steve may not be the best person in the world but at least he takes time to help people that are in so much fear and anger and have no where to go. And if he is so wrong why are you wasting your time being on this thread. If he is wrong then you will win in court so why bother? Your bothering because if you cannot keep people in fear you lose all your power and you feel worthless. (By the way he is not practicing law he is sharing real experience with those in need.)

So what his business tanked so would the businesses of the bottom feeders if they didn't lie, cheat, steal and break the law you tell me who is worse. You are in case you can't figure it out. What would you do if that puny job of yours ceased to exist tomorrow there are no guarantees. Some of these people that you are bulling are eating out of food boxes, can't afford their medicine, are living hand to mouth, their children are going hungry aren't you proud of yourselves. The Bible clearly states you will reap what you sow and if you live by the sword you will die by the sword.

I do believe that I have had an epiphany these Junk dealers are trying to keep everyone so terrified and angry that you will respond irrationally. If they call you hang up change the number keep it unlisted you pay for that line and not to have to listen to evil people Send you letters and save everything. If they do not fulfill their legal obligations by giving you the information you have a legal right to then the judge will consider that. Remember that in court. Sue the crud out of them. Report them destroy their business and then we'll see who can't pay their bills.

As far you bottom feeders I think you best be looking to your eternity money in this life is nothing.

Alos none of these people know me so they have no idea of my sins.

Lucille is spelled with two L's not one and I do believe you are a bottom feeder and from the way you write not to very bright.. Probably a dude.

Furthermore I am so happy that the creditor junk dealers waste my time to tell me all about Steve''s history. I am so glad that you sit in the seat of God to judge him. I am so glad that their (bottom feeders) pathetic little lives are so perfect that they can lie and manipulate the truth in order to put hideous fear in people to force them to react emotionally and not logically. Why don't you confess your sins to us adultery, alcohol, drug addiction, child abuse, lying, breaking the law willfully and knowingly? Come on how about some fair play here your definitely no prize. Let him that has not sinned throw the first stone. At least Steve is working within the law. This is the only job you can get what a bunch of evil losers.

You see lying, stealing, and breaking the law is a lot worse than defaulting on credit due to misfortune. There is nothing so miserable as people that lie and cheat and break the law to make people live in horrible fear. Come on admit it you bottom feeders are sick. How can you live with yourselves after screaming erratically at people rather than talking like humans. How can you justify negating humanness and compassion to fight for what is not legally yours? You are stupid enough to buy bad paper and now you are trying to force people to pay for your stupidity. Why should you have access to the courts because you made a bad investment that you can not even prove. If you could you would. You play games with peoples heads so that you can force them to do what they do not have to do.

Steve may not be the best person in the world but at least he takes time to help people that are in so much fear and anger and have no where to go. And if he is so wrong why are you wasting your time being on this thread. If he is wrong then you will win in court so why bother? Your bothering because if you cannot keep people in fear you lose all your power and you feel worthless. (By the way he is not practicing law he is sharing real experience with those in need.)

So what his business tanked so would the businesses of the bottom feeders if they didn't lie, cheat, steal and break the law you tell me who is worse. You are in case you can't figure it out. What would you do if that puny job of yours ceased to exist tomorrow there are no guarantees. Some of these people that you are bulling are eating out of food boxes, can't afford their medicine, are living hand to mouth, their children are going hungry aren't you proud of yourselves. The Bible clearly states you will reap what you sow and if you live by the sword you will die by the sword.

I do believe that I have had an epiphany these Junk dealers are trying to keep everyone so terrified and angry that you will respond irrationally. If they call you hang up change the number keep it unlisted you pay for that line and not to have to listen to evil people Send you letters and save everything. If they do not fulfill their legal obligations by giving you the information you have a legal right to then the judge will consider that. Remember that in court. Sue the crud out of them. Report them destroy their business and then we'll see who can't pay their bills.

As far you bottom feeders I think you best be looking to your eternity money in this life is nothing.

Alos none of these people know me so they have no idea of my sins.

Be careful of people on here alot of them are debt collectors and want you to suffer. But Steve is right there are laws on how much interest can be charged and they are called Usury Statutes.

In fact, google usury statutes. That is why loansharks can't charge enormous interest on loans to you other wise they go to JAIL because not only are they violating the Usury Statutes but Usury Statutes are I am pretty sure criminal law.

As far as collection agencies are concerned they are also supposed to go to JAIL for violating the Usury Statutes of their state and the United States.

One time when I called Asset Acceptance, I told the person on the other end that I was recording the phone call, and she IMMEDIATELY came back with "I don't give you permission to record this conversation". So they are definitely trained well in that regard. I told her that in NY, you don't need permission, and she hung up.

We have to remember, folks, Steverino, here has made a career out of avoiding his debt. As I recall, his business in Las Vegas tanked after 9/11. Something about it was travel related and he never really recovered from the slowdown afterward, whatever. He does claim to have called his creditors and attempted to make arrangements with them based upon what he decided was his ability to pay back. These arrangements were declined by the creditors. So, Our Hero "loaded up his dually and drove around for three months," having decided not to honor his commitments (Translation: the creditors weren't playing by his rules, so he picked up his marbles and ran off to join the circus. I love mixed metaphors.).

In any event, he is now a legal authority par excellence. Personally, I would be interested in seeing evidence of his JD. I know that in the state of Minnesota (Hi, Amy!)only attorneys can dispense legal advice. I wonder what the Florida State Bar would think about this. Not that any such threat would bother Steve. As he is so eager to remind everyone, he KNOWS. A little knowledge is a dangerous thing.

Keep on, Lucile and Amy.

The first thing to remember when contacted by any debt collector is that you have 30 days to dispute the debt in writing. After 30 days, they may assume the debt is legitimate. When you dispute, even if they drop collection attempts, they can sell the debt to another company, and the 30 day dispute deadline starts all over.

This does not mean they will win or lose in court, or even if you owe or don't owe the debt. This is only about whether or not the collector can assume the debt legitimately. I also cannot specify about if they do not contact you and you discover the debt on your own (such as through a 3rd party or from a credit report review), but the key part is still to dispute in writing.

The original post indicated that a dispute was via telephone. Unless you have some legal method of taping the telephone call (and I don't believe you can tape calls place by yourself in most if not all cases), I would never contact a debt collector by telephone, as you have no real way to prove what was said. Always stick to written communication to dispute and request information about a debt.

It might be a little late for this advice now, but hopefully, it may help next time or help someone else. In the meantime, I wish you luck with your issue. I have been a victim of their illegal activities also and seem to be unable to do anything about them illegally changing the date of a credit account to keep in on my record for an additional 5 years, and Experian refuses to accept the facts, even when shown the original debt that they purchased.

I can only hope that someone or some collective of people can bring Asset Acceptance down one day.

The first thing to remember when contacted by any debt collector is that you have 30 days to dispute the debt in writing. After 30 days, they may assume the debt is legitimate. When you dispute, even if they drop collection attempts, they can sell the debt to another company, and the 30 day dispute deadline starts all over.

This does not mean they will win or lose in court, or even if you owe or don't owe the debt. This is only about whether or not the collector can assume the debt legitimately. I also cannot specify about if they do not contact you and you discover the debt on your own (such as through a 3rd party or from a credit report review), but the key part is still to dispute in writing.

The original post indicated that a dispute was via telephone. Unless you have some legal method of taping the telephone call (and I don't believe you can tape calls place by yourself in most if not all cases), I would never contact a debt collector by telephone, as you have no real way to prove what was said. Always stick to written communication to dispute and request information about a debt.

It might be a little late for this advice now, but hopefully, it may help next time or help someone else. In the meantime, I wish you luck with your issue. I have been a victim of their illegal activities also and seem to be unable to do anything about them illegally changing the date of a credit account to keep in on my record for an additional 5 years, and Experian refuses to accept the facts, even when shown the original debt that they purchased.

I can only hope that someone or some collective of people can bring Asset Acceptance down one day.

The first thing to remember when contacted by any debt collector is that you have 30 days to dispute the debt in writing. After 30 days, they may assume the debt is legitimate. When you dispute, even if they drop collection attempts, they can sell the debt to another company, and the 30 day dispute deadline starts all over.

This does not mean they will win or lose in court, or even if you owe or don't owe the debt. This is only about whether or not the collector can assume the debt legitimately. I also cannot specify about if they do not contact you and you discover the debt on your own (such as through a 3rd party or from a credit report review), but the key part is still to dispute in writing.

The original post indicated that a dispute was via telephone. Unless you have some legal method of taping the telephone call (and I don't believe you can tape calls place by yourself in most if not all cases), I would never contact a debt collector by telephone, as you have no real way to prove what was said. Always stick to written communication to dispute and request information about a debt.

It might be a little late for this advice now, but hopefully, it may help next time or help someone else. In the meantime, I wish you luck with your issue. I have been a victim of their illegal activities also and seem to be unable to do anything about them illegally changing the date of a credit account to keep in on my record for an additional 5 years, and Experian refuses to accept the facts, even when shown the original debt that they purchased.

I can only hope that someone or some collective of people can bring Asset Acceptance down one day.

The first thing to remember when contacted by any debt collector is that you have 30 days to dispute the debt in writing. After 30 days, they may assume the debt is legitimate. When you dispute, even if they drop collection attempts, they can sell the debt to another company, and the 30 day dispute deadline starts all over.

This does not mean they will win or lose in court, or even if you owe or don't owe the debt. This is only about whether or not the collector can assume the debt legitimately. I also cannot specify about if they do not contact you and you discover the debt on your own (such as through a 3rd party or from a credit report review), but the key part is still to dispute in writing.

The original post indicated that a dispute was via telephone. Unless you have some legal method of taping the telephone call (and I don't believe you can tape calls place by yourself in most if not all cases), I would never contact a debt collector by telephone, as you have no real way to prove what was said. Always stick to written communication to dispute and request information about a debt.

It might be a little late for this advice now, but hopefully, it may help next time or help someone else. In the meantime, I wish you luck with your issue. I have been a victim of their illegal activities also and seem to be unable to do anything about them illegally changing the date of a credit account to keep in on my record for an additional 5 years, and Experian refuses to accept the facts, even when shown the original debt that they purchased.

I can only hope that someone or some collective of people can bring Asset Acceptance down one day.

Got a call from them the 1st week of 2007 regarding some debt I never heard of. When I told the caller that I had Googled "Asset Acceptance" the entire 1st page of results had to do with Fraud and improper business practices, she immediately transfered me to 'a supervisor'.

When I told him I had no idea what he was talking about on the debt, he got snotty and said, "yes you do. You just don't want to pay it". So I hung up on him. 10 weeks later, I got a letter in the mail from Asset Acceptance saying that I owed $2,100.

I called them up and asked them for their License #. The rep had no idea what I was talking about, and transfered me to 'a Supervisor'. I told the Supervisor that they were going to have a difficult time collecting since they were in violation of the Fair Debt Collection Practices act, Section 809 which states that the had 5 days from initial contact to provide written notice regarding the debt, with all pertinent details.

In addition, I told him that they were in violation of Connecticut State Law by acting as a Collection Agency without a license. He said they were resolving a financial matter, not acting as an agency. I pointed out that the disclaimer that the call might be monitored and that any information collected during the call would be used in an attempt to collect a debt said otherwise. I told him I would not discuss the matter further until they could provide me with their CT license #.

I immediately sent notice to the CT State Department of Banking to notify them of Asset Acceptance's illegal activities. A month later, I received a letter from the State of CT notifying me that Asset Acceptance was dropping any claim to collect, and that they were prohibited from putting any information regarding that debt on my credit report.

If you are dealing with these types of collection efforts, please make sure you are familiar with the Act mentioned above. You can find it at: http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805

In adddition, check with the laws in your state to see if the agency needs a license to collect. CT provides a list of all licensed agencies, so it was easy to see that Asset Acceptance wasn't licensed. Asset Acceptance didn't flinch when I brought it up, but when the State reached out to them, they backed off.

Good luck!

Amy,

Steve, you said:
?Please let me know exactly what you do for a living and exactly what your legal background is. I bet you are just another uneducated collector, or you are freibds or relation of Amy the paralegal.?
>>My answer>>People post on ROR all the time with forged signatures. It is easy to do. Any moron can figure this out, even you.

How far from Red Wing, MN do you think Apopka, FL is? How would we possibly know each other? You're just so insecure in your advice that you have to resort to personal attacks. And did you mean to say ?friends? instead of ?freibds??
>>My answer>> Notice the position of the B key and the N key on your keyboard. A simple typo here. Nothing more. But extremely petty and juvenile on your part to make an issue out of.

FYI: I AM NOT RUBY OR LUCILE! I POST ONLY UNDER MY OWN NAME!
>>Yeah, ok. Whatever you say. And, I am in no way insecure in my advice. Mine has PROVEN to work every single time. 100% track record. Documented.

Amy - Red Wing, Minnesota
U.S.A.

Amy,

Steve, you said:
?Please let me know exactly what you do for a living and exactly what your legal background is. I bet you are just another uneducated collector, or you are freibds or relation of Amy the paralegal.?
>>My answer>>People post on ROR all the time with forged signatures. It is easy to do. Any moron can figure this out, even you.

How far from Red Wing, MN do you think Apopka, FL is? How would we possibly know each other? You're just so insecure in your advice that you have to resort to personal attacks. And did you mean to say ?friends? instead of ?freibds??
>>My answer>> Notice the position of the B key and the N key on your keyboard. A simple typo here. Nothing more. But extremely petty and juvenile on your part to make an issue out of.

FYI: I AM NOT RUBY OR LUCILE! I POST ONLY UNDER MY OWN NAME!
>>Yeah, ok. Whatever you say. And, I am in no way insecure in my advice. Mine has PROVEN to work every single time. 100% track record. Documented.

Amy - Red Wing, Minnesota
U.S.A.

Amy,

Steve, you said:
?Please let me know exactly what you do for a living and exactly what your legal background is. I bet you are just another uneducated collector, or you are freibds or relation of Amy the paralegal.?
>>My answer>>People post on ROR all the time with forged signatures. It is easy to do. Any moron can figure this out, even you.

How far from Red Wing, MN do you think Apopka, FL is? How would we possibly know each other? You're just so insecure in your advice that you have to resort to personal attacks. And did you mean to say ?friends? instead of ?freibds??
>>My answer>> Notice the position of the B key and the N key on your keyboard. A simple typo here. Nothing more. But extremely petty and juvenile on your part to make an issue out of.

FYI: I AM NOT RUBY OR LUCILE! I POST ONLY UNDER MY OWN NAME!
>>Yeah, ok. Whatever you say. And, I am in no way insecure in my advice. Mine has PROVEN to work every single time. 100% track record. Documented.

Amy - Red Wing, Minnesota
U.S.A.

Amy,

Steve, you said:
?Please let me know exactly what you do for a living and exactly what your legal background is. I bet you are just another uneducated collector, or you are freibds or relation of Amy the paralegal.?
>>My answer>>People post on ROR all the time with forged signatures. It is easy to do. Any moron can figure this out, even you.

How far from Red Wing, MN do you think Apopka, FL is? How would we possibly know each other? You're just so insecure in your advice that you have to resort to personal attacks. And did you mean to say ?friends? instead of ?freibds??
>>My answer>> Notice the position of the B key and the N key on your keyboard. A simple typo here. Nothing more. But extremely petty and juvenile on your part to make an issue out of.

FYI: I AM NOT RUBY OR LUCILE! I POST ONLY UNDER MY OWN NAME!
>>Yeah, ok. Whatever you say. And, I am in no way insecure in my advice. Mine has PROVEN to work every single time. 100% track record. Documented.

Amy - Red Wing, Minnesota
U.S.A.

Ok a common misunderstanding, is interest on a credit card.
Fdcpa: allows a collector to add interest if you ORIGINAL AGREEMENT calls for addition of interestd during collection proceedings or the addition of such interest is allowed under state law, every state authorizes the collection of such interest, if its in the agreement.

Assignee, the collectional agency must be collecting on behalf of the original creditor and if the original creditor has an in house collection dept, the chances are the collection agency's is trying to pull a fast one
the original creditor has to contract with the collection agency

Discovery in small claims court: if you do not request discovery. then you will lose out if you have to appeal:
appeals court will look into errors, and what's in the records. court is you final chance to be heard. pretty much if it ain't said during the trial, it ain't going to said in appeal unless there's was a error or a bad call by the court.

If a debt was every attempted, to be collected on by another collection agency, the 3rd or new collection agency can't claim to be the assignee

a contract must be signed by you, to be used in court, these general terms and condiction that the collection agency's put in with there complaint, that you can get in any stores check outline, should not be allowed.
This is why you always request discovery, so you know what your up against. don't expect the other guy to play fair or within the rules

Yon must request, for cost and reasonable attorney fee's
it's up to the court if you win the case
Most attorney's will agure that a pro-se should not get attorney's fee's, there are plenty of case laws to support a pro-se getting reasonable attorney fee's in certain cases, again that's up to the court

if your served with discovery, request for admissions and questions. you must answer them, file your answer with the court too, you don't need to put all the paperwork, just on such and such date I answered the (whichever) they are,
discovery, admissions and questions that way they can't come back and say you never did

expect if your pro-se to fight an up hill battle, the judge will not do the work for you, so get a good basic understanding of the rules and law, you can count on the other side, knowing there job and trying to screw you over cause you missed a deadline by even 1 day, they will use it or any other error, and will try to get away with there mistakes

I'm not an attorney, it always best to get ones advise. if you use the internet, and get advise from people, Look at what there telling you, pointing you in the right direction, and look up the laws yourself and all footnotes with that laws

Steve, you said:
Please let me know exactly what you do for a living and exactly what your legal background is. I bet you are just another uneducated collector, or you are freibds or relation of Amy the paralegal.

How far from Red Wing, MN do you think Apopka, FL is? How would we possibly know each other? You're just so insecure in your advice that you have to resort to personal attacks. And did you mean to say friends instead of freibds?

FYI: I AM NOT RUBY OR LUCILE! I POST ONLY UNDER MY OWN NAME!

Steve, you said:
Please let me know exactly what you do for a living and exactly what your legal background is. I bet you are just another uneducated collector, or you are freibds or relation of Amy the paralegal.

How far from Red Wing, MN do you think Apopka, FL is? How would we possibly know each other? You're just so insecure in your advice that you have to resort to personal attacks. And did you mean to say friends instead of freibds?

FYI: I AM NOT RUBY OR LUCILE! I POST ONLY UNDER MY OWN NAME!

Steve, you said:
Please let me know exactly what you do for a living and exactly what your legal background is. I bet you are just another uneducated collector, or you are freibds or relation of Amy the paralegal.

How far from Red Wing, MN do you think Apopka, FL is? How would we possibly know each other? You're just so insecure in your advice that you have to resort to personal attacks. And did you mean to say friends instead of freibds?

FYI: I AM NOT RUBY OR LUCILE! I POST ONLY UNDER MY OWN NAME!

Steve, you said:
Please let me know exactly what you do for a living and exactly what your legal background is. I bet you are just another uneducated collector, or you are freibds or relation of Amy the paralegal.

How far from Red Wing, MN do you think Apopka, FL is? How would we possibly know each other? You're just so insecure in your advice that you have to resort to personal attacks. And did you mean to say friends instead of freibds?

FYI: I AM NOT RUBY OR LUCILE! I POST ONLY UNDER MY OWN NAME!

Steve, you're totally out-of-your-league when it comes to being a source of competent Florida legal advice to FL newbies caught in Asset's headlights.

"First of all, under FEDERAL LAW, a debt MUST be "charged off" 180 days after first major delinquency, which is usually on the 7th month."

Wrong again Steve. Partial payments delay charge-off. Someone who made partial payments after breach could easily delay charge-off for months beyond the 6 months or much longer, easily more than a year. That's why your bogus SoL assertions are so damaging to a FL newbie.


"The purpose of this mandatory chearge off, is to stop penalties and excessive interest."

Excessive interest? You've created you're own definition again, Steve.
Wrong again, Steve. The credit card issuer can continue to accrue finance charges at the "contract rate" after charge-off if the agreement the account is based on has express provision for that. Typically, the OC voluntarily suspends accrual of finance charges after charge-off to eliminate further costs of accounting.


"The interest is limited to a statutory maximum, NOT the contract rate. The contract rate only applies up to the date of charge off. After charge off the statutory max applies."

Wow. Another incompetent whopper from Steve. Wrong again, Steve. There is nothing in Florida law that imposes that restiction on a credit card original creditor. That's why Asset pads it debt claims the way it does.
"The statutory max" - Gee, another "Steve definition" undefined in the real world.


"As far as JUNK DEBT BUYERS go, they MUST be able to prove that they own the debt and be able to show an entire account history and itemization of all charges, otherwise, the suit gets tossed. Every time."

Wrong again, Steve. An Account Stated cause of action does not require an entire account history and itemization of all charges. You clearly should not be making such strongly emotional assertions about a subject matter (the law) that you are so unversed in.


"There is a big difference between "assignment" and "sale"."

Wrong again, Steve. (Nothing illustates the magnitude of your incompetence than this grossly erroneous assertion.) Not when it comes to the OC's choses in action, which are the OCs CoAs on the breached agreement.


"In any civil suit in FL, legal fees and costs must me sought in addition to the principal amount. They are not automatic. They ARE awarded by the court, or excluded by the court."

Again you fail to understand the law. The court could only award incidental costs if provided for by rule (civil procedure), contract, or statute. Otherwise, the common law applies which bars the court from awarding incidental costs. That's what newbies must understand. They must be able to cite a rule, contract provision or a statute in their pleadings in order to authorize the court's action. You don't understand that.


"The junk debt buyer does not have any prior business relationship or contract with the debtor. Therefore, they do not have the same rights as the original creditor."

Steve, you're hopelessly ignorant of assignment law. This emotional outburst perfectly illustrates why you are utterly incompetent in the dispensing of competent legal knowledge and warrants a Rip-Off report on you. The JDB assignee stands in the shoes of the OC upon a bone fide assignment and can enforce the performance on the breached agreement.


"And, the amount paid for the debt is the amount of the loss. Not the original contract amount or charge off amount."

You are Mega-Wrong again. You not only have no grasp of assignment law, you also have no grasp on damages law. The JDB assignee, if bona fide, stands in the shoes of the OC and can enforce recovery on the breached agreement of the damages that the OC was entitled to, which under FL law, are the foreseeable damages flowing from the breach.

No Florida judge will ever agree with your erroneous assertions that completely defy well settled FL assignment and damages law.


"The courts will toss these suits almost every time when the amount is questioned, and cannot be documented."

This emotional outburst has no relevance as this is only a failure of burden of proof and has no relation to the body of assignment and damages law, which you ignorantly ignore, that the JDB bona fide assignee stands on.


"And, the Discovery Motion is perfectly valid as provided for under the law being made by the defendant. The Pro Se staus makes no difference whatsoever. A Pro se Defendant has all of the same rights of the Discovery process as the defendant being represented by counsel."

This foolish outburst is why you are so dangerous to FL small claims pro se DEFT newbies. You have zero knowledge of FL small claims procedure and the best way for a pro se small claims DEFT to litigate. As I've pointed out, the FL small claims pro se DEFT does not need Discovery and initiating Discovery is very bad practice as it opens up the DEFT to Discovery of the PLTF. It's barred if the DEFT does not initiate. Simply using failure to attach, more definite statement and strike motions can accomplish the same objective without exposing the DEFT.


"Most debt cases in Fl never get past the Pre trial appearance, as anyone who denies a claim, gets forced into a little room with an arbitrator. Little do most people know, they do not have to say anything at this time except stating they deny the debt and want a trial date."

Wrong again, Steve. A general or specific denial won't prevent summary judgment or trial. Unfortunately, Steve, you don't know rules of civil procedure. A DEFT muzt raise legal defenses in their answer to the complaint in addition to their denials, otherwise, the legal defenses are waived except for a few special cases, by Fla.R.Civ.P. 1.140. Clearly, you should not be posturing yourself as a civil procedure practice expert to FL newbies given your ill-informed assertions.

You should not be calling anyone a scam giving your track record on horrendous legally-erroneous assertions.

Lucille,

YOU have absolutely no idea of what you speak of. I have actually had these cases brought against me and won.

First of all, under FEDERAL LAW, a debt MUST be "charged off" 180 days after first major delinquency, which is usually on the 7th month. The purpose of this mandatory chearge off, is to stop penalties and excessive interest. That is the whole reason for it. The interest is limited to a statutory maximum, NOT the contract rate. The contract rate only applies up to the date of charge off. After charge off the statutory max applies.

As far as JUNK DEBT BUYERS go, they MUST be able to prove that they own the debt and be able to show an entire account history and itemization of all charges, otherwise, the suit gets tossed. Every time.

There is a big difference between "assignment" and "sale".

In any civil suit in FL, legal fees and costs must me sought in addition to the principal amount. They are not automatic. They ARE awarded by the court, or excluded by the court.

The junk debt buyer does not have any prior business relationship or contract with the debtor. Therefore, they do not have the same rights as the original creditor. They MUST prove the obligation actually exists. And, the amount paid for the debt is the amount of the loss. Not the original contract amount or charge off amount.

The courts will toss these suits almost every time when the amount is questioned, and cannot be documented. Again, I have done this several times in Florida Courts.

And, the Discovery Motion is perfectly valid as provided for under the law being made by the defendant. The Pro Se staus makes no difference whatsoever. A Pro se Defendant has all of the same rights of the Discovery process as the defendant being represented by counsel.

Most debt cases in Fl never get past the Pre trial appearance, as anyone who denies a claim, gets forced into a little room with an arbitrator. Little do most people know, they do not have to say anything at this time except stating they deny the debt and want a trial date.

This is a scam.

Please let me know exactly what you do for a living and exactly what your legal background is. I bet you are just another uneducated collector, or you are freibds or relation of Amy the paralegal.

You know nothing. Give up now.

Poor S of Fort Myers.

Did he listen to Steve's "advice"?

I wonder how he faired in court.

One thing that's obvious, Steve has adequately studied assignment law.
"These people are not creditors and are not afforded the protection under the law that creditors are."
No, Steve. They don't need to be creditors. All they need to be is a mere assignee.

"In court they must be able to prove actual ownership of the "debt" and disclose how much they paid for it and proof of such payment."
No, Steve. They don't have to prove how much they paid for it to the obligor as only the assignor can raise a failure of consideration defense on an assignment.

"Interest on a charged off debt is limited to 6%."
No, Steve. The JDB assignee can accrue prejudgment interest at a "contractual" rate much higher than 6%. at the rate the original creditor was charging for finance charges, if expressly provided for in the agreement between the parties and if accural of interest was not suspended and thus waived by the original creditor. Also, regarding FL statutory interest rates, 6% was only the legal rate in 2003. It has gone up since then.

"Any court costs, legal fees or other charges need to be specifically authorized by the court."
No, Steve. The court sua sponte can't authorize these, only rule, contract or statute can.

Here's the big whopper:
"Keep in mind that in FL small claims court you can only sue for what you actually lost. This means that if they paid 1/10th of a penny on the dollar, this is all they can legally sue for if you press the issue."
No, Steve. The assignee of the original creditor is entitled to the same rights as the OC upon unqualified assignment. That means all the damages flowing from the breach of the contract.


"Then go to the courthouse and file your motion for discovery."
No, Steve. A FL small claims pro se DEFT does not initiate discovery since that opens discovery to the adverse party. The FL small claims pro se DEFT simply raises defenses and counterclaims timely before the pretrial hearing to narrow the issues of the case and to force the PLTF to meet his burden of proof.

"S",

Asset Acceptance rarely goes to court. They hope for the default judgement, as that is the game they play. It is a numbers game. If you put up a fight, they will dismiss the suit in most cases.

Send a response to the summons by certified mail, return reciept requested to both the Plaintiff and the court. Specify that you have no knowledge of this "debt" and state that there has been no vigorous collections activity on said debt prior to the lawsuit filing and in the past you have requested debt validation which was not provided. State that you feel the lawsuit is frivolous and should be dismissed. be sure to put the certified# on the letter itself and keep a copy for your records.

Then go to the courthouse and file your motion for discovery. Any paralegal can do this for you, and most court clerks will assist you.

In court they must be able to prove actual ownership of the "debt" and disclose how much they paid for it and proof of such payment. I always demand a copy of a cancelled check. They must also be able to show a complete account history back to the original creditor to justify any charges or interest added. Interest on a charged off debt is limited to 6%. Any court costs, legal fees or other charges need to be specifically authorized by the court.

Keep in mind that in FL small claims court you can only sue for what you actually lost. This means that if they paid 1/10th of a penny on the dollar, this is all they can legally sue for if you press the issue. They have to justify the claim.

You see, that "debt" stopped being a "debt" when the original creditor charged it off, sold it and took the tax deduction for the loss. It became an investment when the first junk debt buyer bought it as an investment with full knowledge that it was a bad debt. These people are not creditors and are not afforded the protection under the law that creditors are. They are simply investors who made a bad investment! This is like you calling your stock broker to purchase a stock, you buy it, it crashes, you lose all your money and then you sue your stock broker because you made a bad investment! This is exactly what these junk debt buyers like Asset Acceptance are doing when they use the courts to collect on thier bad investments.

The courts get really pissed off when they are used to enforce return on investment! You need to bring this up repeatedly and even add it into your response to the summons. get it documented early on, and make it a part of permanent record, which your response to the summons becomes.

Nail them!

ps. you can countersue for damages and also go to FTC.gov and file a complaint online. File a separate complaint for each violation of your rights under FDCPA and the FCRA.