Complaint Review: Asset Acceptance

Asset Acceptance was unable to validate the debt, and I thought it was over. I showed up to pretrial, showed the magistrate their validation letter, the magistrate asked if Klemenok could produce ANYTHING and she said probably not. He continued pretrail for 60 days later. During that time, AA sent me Interoggatories and discovery, I sent a set of Interoggitories and discovery to them. I filled mine out, had them notarized and sent them back well within the 28 day time limit set by the court.

After 40 days, AA had not responded to my paperwork, and once again, I thought this was over. Went to the second pretrial, told the magistrate AA had not responded to my paperwork and then asked for a dismissal. Klemenok said she had sent my paperwork back to me the week before the pretrial ( well after the 28 days had expired).

Guess what, here it is, 7 days after the pretrial when Klemenok said she had sent back the info...ITS STILL NOT HERE!!! (Yes, I know, keep the envelope and keep the postmark, it will prove she lied about the mailing) We have a third pretrial set for August, perhaps if I can prove that Klemenok lied to both me AND the magistrate about the mailing of these documents, this thing will finally be over. Probably not, AA knows how to play the game...they are just waiting for me to miss one court date or forget to fill out one line on a document and they get a default judgment. I am on disability and cannot afford an attorney, so its websites like this that help us 'little guys' fight back. Can you say "class action lawsuit?"

Lauren,

Email your email address and/or phone# to Ed at Rip off Report, and ask him to forward it to me.

Ed is usually good about helping someone out.

Ed, if you read this, please email me Lauren's info so I can help her out.

My best advice right now without speaking to you is to countersue for FDCPA violations. $1000 max plus costs and actual damages, if any.

Most likely they will not show, but you definately want to file a motion of discovery. This will kill the case as they know they cannot document it.

And, in FL civil courts you can only sue someone for what you actually "lost". Which would be what they actually paid for the debt. This would be about 1 cent on the dollar. They are debt buyers and do not want to expose to the world the scam they are pulling on the public and on the courts.

They MUST prove you owe them the money, you do not have to prove that you don't. I've been there more times than that lawyer obviously. I haven't lost a civil case yet. And I'm not a lawyer and don't claim to be.

Hope to talk to you soon.

I asked the mods if they could contact you because there is no PM available here. I have to go to trial in Agust and have some questions I thought you could help me with. Is there any way to email you?

Thanks.

I am not sure what you are getting to...The credit card is a revolving account...referred to as an "open-end" account which is NOT a written contract. The definition of a written contract includes the signature of both sides on a set term/payment plan while a revolving open-end account is one that changes each month. My credit report lists these account as revolving. the Arizona Statue calls open end account revolving. So, this bring us back to the 3 year in AZ, 4 yrs in FL. The FL statue Chapter VIII 95.10 which forbids FL from consideration since the lapse time in the shorter SOL of AZ expired. Also, it is required that the plantiff bring the case to court 6 months after filing in small claims court or a request to the judge for dismissal is in order. I have learned a few things since I posted these other ones.

Asset Acceptance is currently trying to collect on a expired SOL from AZ yet I live in FL now....so....here goes:

I lived in Arizona as a resident while the entire time the credit card was in use. I stopped paying on it on May 2002 due to reasons unexplained here and continued living in Arizona the entire time of the Arizona statue of limitation of 3 years till it ran out. The expiration of the SOL was May 2005. After moving to Florida in July 2005, they filed in Nov 2005 and I went to a prehearing in Dec 2005 in which the attorney was unprepared at that time to defend my request for dismissal on expired SOL and requested time before resuming with a trial date and it has been left open (I sent them a defense of SOL in Feb as well explaining in full why it was not enforceable) and just now 6 months later got a letter stating they didnt think SOL would be applied in this case and are moving forward.

Well, I looked up FL statues and found this.....

Florida has an added statue on limitations....

Title VIII Chapter 95 Limitations...
Limitations of action; adverse possesion 95.10
Cause of action arising in another state. When the cause of action arose in another state or territory of the US or in a foreign country, and its laws forbid the maintenance of the action because of lapse time, no action shall be maintained in this state....

Since this card was entered into use in Arizona and never used in the state of florida while a resident here, the law of arizona concerning limitations of 3 years apply and may not be used in another state once the user moves. The absolute defense of expired SOL applied in AZ and should not be continued in FL..This is my understanding of the laws.

They also seem to think they can add on a year on top of the 4 year FL one...in which tolling is what I think they are referring to, is only if I were to leave this state pre-sol....

Anyways, I am using the expired SOL and also the FL statue that disallows the lapsing of SOL in another state to be enforced here...

Your thinking on this would be greatly appreciated....

Lauren,

I have been there too many times. The lawyer gave generic advice...But keep in mind that under our legal system, They have to prove that you owe the money. The entire "burden of proof" is on THEM!

You NEVER have to prove that you don't owe the money.

You have a right to see something you signed to create the debt with the original creditor. You also have the right to see that the current collector actually has a right to collector, and licensing credentials too. If it is a debt buyer, you have the right to see proof that they bought it and how much they paid for it. And whomever sold it to them may have to prove that they legally owned it.

I have forced these fools to chase their own tails so many times it makes me laugh!

You have the right to challenge everything! DO IT! That is how any GOOD lawyer does it.

Keep your documentation on the requestes for validation that they ignored, as this will most likely win the case for you. It will be considered a frivolous lawsuit and will get thrown out.

I went to Pre-Trial/Mediation on 6/23. What an experience! anyway, I am set up for trial 8/24. I denied the debt for SOL reasons. I did speak to a very reputaible NACA lawyer in Ft. Lauderdale. He suggested that I not ask for lots of 'proof of debt' materials from Asset Accept. The reason for that he explained is that if I ask for proof documents, I can also be asked to provide lots of materials I may not have anymore or cannot provide which in turn could cost me the case. He did say that during the trial, I should comment that the exhibits attached to the summons from AA are manufactured by AA and show know personal knowledge of this debt. That the documents should not be counted as proof.

I did find out what SCUM these collectors are. They hope you don't show up and out of all the cases, 98% didn't show up. In fact, when the judge called my name, the attorney was so quick to assume that I didn't show up, she asked for a 'default' before I could get to the stand! another thing.... the lawyers for AA surely hope that you don't have your facts if you do show up. They want to intimidate and manipulate you into admitting your debt. I saw it happen to a person who admitted her debt but wanted to negotiate. THERE is NO negotiation when you admit!!! I saw this with my own two eyes! She needed a decent payment plan. The lawyer for AA would not negotiate with her at all. She then asked for a trial. I felt bad for her because she admitted the debt...and from what I can see...she probably won't get anything she is capable of paying back.

I went to Pre-Trial/Mediation on 6/23. What an experience! anyway, I am set up for trial 8/24. I denied the debt for SOL reasons. I did speak to a very reputaible NACA lawyer in Ft. Lauderdale. He suggested that I not ask for lots of 'proof of debt' materials from Asset Accept. The reason for that he explained is that if I ask for proof documents, I can also be asked to provide lots of materials I may not have anymore or cannot provide which in turn could cost me the case. He did say that during the trial, I should comment that the exhibits attached to the summons from AA are manufactured by AA and show know personal knowledge of this debt. That the documents should not be counted as proof.

I did find out what SCUM these collectors are. They hope you don't show up and out of all the cases, 98% didn't show up. In fact, when the judge called my name, the attorney was so quick to assume that I didn't show up, she asked for a 'default' before I could get to the stand! another thing.... the lawyers for AA surely hope that you don't have your facts if you do show up. They want to intimidate and manipulate you into admitting your debt. I saw it happen to a person who admitted her debt but wanted to negotiate. THERE is NO negotiation when you admit!!! I saw this with my own two eyes! She needed a decent payment plan. The lawyer for AA would not negotiate with her at all. She then asked for a trial. I felt bad for her because she admitted the debt...and from what I can see...she probably won't get anything she is capable of paying back.

I went to Pre-Trial/Mediation on 6/23. What an experience! anyway, I am set up for trial 8/24. I denied the debt for SOL reasons. I did speak to a very reputaible NACA lawyer in Ft. Lauderdale. He suggested that I not ask for lots of 'proof of debt' materials from Asset Accept. The reason for that he explained is that if I ask for proof documents, I can also be asked to provide lots of materials I may not have anymore or cannot provide which in turn could cost me the case. He did say that during the trial, I should comment that the exhibits attached to the summons from AA are manufactured by AA and show know personal knowledge of this debt. That the documents should not be counted as proof.

I did find out what SCUM these collectors are. They hope you don't show up and out of all the cases, 98% didn't show up. In fact, when the judge called my name, the attorney was so quick to assume that I didn't show up, she asked for a 'default' before I could get to the stand! another thing.... the lawyers for AA surely hope that you don't have your facts if you do show up. They want to intimidate and manipulate you into admitting your debt. I saw it happen to a person who admitted her debt but wanted to negotiate. THERE is NO negotiation when you admit!!! I saw this with my own two eyes! She needed a decent payment plan. The lawyer for AA would not negotiate with her at all. She then asked for a trial. I felt bad for her because she admitted the debt...and from what I can see...she probably won't get anything she is capable of paying back.

I went to Pre-Trial/Mediation on 6/23. What an experience! anyway, I am set up for trial 8/24. I denied the debt for SOL reasons. I did speak to a very reputaible NACA lawyer in Ft. Lauderdale. He suggested that I not ask for lots of 'proof of debt' materials from Asset Accept. The reason for that he explained is that if I ask for proof documents, I can also be asked to provide lots of materials I may not have anymore or cannot provide which in turn could cost me the case. He did say that during the trial, I should comment that the exhibits attached to the summons from AA are manufactured by AA and show know personal knowledge of this debt. That the documents should not be counted as proof.

I did find out what SCUM these collectors are. They hope you don't show up and out of all the cases, 98% didn't show up. In fact, when the judge called my name, the attorney was so quick to assume that I didn't show up, she asked for a 'default' before I could get to the stand! another thing.... the lawyers for AA surely hope that you don't have your facts if you do show up. They want to intimidate and manipulate you into admitting your debt. I saw it happen to a person who admitted her debt but wanted to negotiate. THERE is NO negotiation when you admit!!! I saw this with my own two eyes! She needed a decent payment plan. The lawyer for AA would not negotiate with her at all. She then asked for a trial. I felt bad for her because she admitted the debt...and from what I can see...she probably won't get anything she is capable of paying back.

Michael,

SOL is tricky. FYI..SOL in FL for credit cards is 5 years, not 4. Only oral agreements in FL are 4 years SOL.

AND, SOL is determined and applied based on the state in which you originally opened the account.

Even though you live in FL, the account was opened in AZ. Therefore, the SOL is based on AZ law. The SOL in AZ for Revolving CC debt is only 3 years by statute, but judges have ruled cc debt to be a written contract which is 6 years SOL.

Now, here's another twist for you to throw at them. Claim it to be an ORAL contract. Tell them you recall opening it over the phone and don't remember signing anything! DEMAND a copy of the contract you signed.

Good luck!

I had a credit card debt that expired in the state of Arizona (3 years in AZ). I last made a payment on May 18 2002 and moved to Florida in mid July 2005. Since then, in February 2006, I responded to a letter from their attorney and sent a cease (stop) letter explaing SOL. No response until this week saying they are moving forward on suit if I don't pay. The SOL in Florida is 4 years but I am under the impression that I entered the card contract in Arizona and fall under their laws. Even if I did not, it has been more than 4 years by 2 months. The Florida statue VIII Chapter 95 (95.10) Limitations of action...says "when the causes of action arising in another state or territory of the US or in a foreign country and its laws forbid the maintenance of the action because of lapse of time, no action shall be maintained in this state"...

They are claiming they can extend the SOL by one year....is this true and what law is this based on? I have been to court one other time and own on abritration after the ptre-trial with a third party. This time, they said they would go by non-jury trial. I am on limite income and can not pay either way. I am using the expired SOL but I was a Arizona resident for the time I used it and during the SOL. Now I live in Florida and they are coming after me here. Please advise..thanks

Thank you Steve...

Should I file a dispute or can I do that when I get to the pre-trial conference? I did get the summons this morning which means I have 20 days to dispute the charge. Hey Steve....thanks so much. I did talk to an attorney which was recommended to me by a professor at UF College of Law. Evidently this guy is considered one of the best consumer attorneys in Florida. He said dispute, dispute, dispute.

I wish I had someone like you to put in my pocket during court and whisper the answers in my ear.... I have never visited small claims court and I have never been sued let alone by a company of this caliber!

Lauren,

IF they have actually filed a lawsuit, they can only sue for the amount of the original charge off. Any extra fees must be approved and granted by the court.

Asset Acceptance are JUNK DEBT BUYERS. On a $300 debt of that age and type, they paid approximately 75 cents to $3.00 for it in a portfolio.

Yes, they MUST prove you owe THEM the money which means they must prove the original creditor sold it, and every person in between who bought or sold it has to prove they owned it legally. You are entitled to see the contract under which they purchased it and the cancelled check they paid for it with.

DEMAND to see proof of the alleged payment. If they can't prove it, you didn't make it.

The entire "burden of proof" is on THEM to prove you owe them the money, not on you to prove you don't.

Good luck.

Got my credit report this morning. This is an old debt charged off and then bought by Asset Acceptance. Does this mean they have to prove? should I still get an attorney?

Thanks for the info. and I found it online. It is in fact Asset Acceptance in Brandon, FL. It stated the amounts of 500.01 - 2500.00. Some attorney's name and then my name. I guess it is for real.

Lauren,

I used to live in Gainesville a couple years ago and the way to research to see if you have a lawsuit filed against, as Steve suggests to find out, is to KEYWORD: ALACHUA COUNTY CLERK OF THE COURT and just click on CIVIL DEPARTMENT.

Steve:

I know they have been here twice because the first time my good neighbor and friend told me she saw a server in my yard early in the morning. The second time which was yesterday, the server left a note that stated they were trying to serve a summons to me.

Last Friday I received a letter from some Arbitration specilaist in St. Augustine stating that they were aware that Asset Acceptance was filing a civil court case against me and that if I filled out the paperwork (Power of Attorney) form and sent it back that they may be able to help me. I did not send it back. I have spoken to Asset Acceptance only once and asked them to send me verification of the debt.

They sent me a statement from them stating that I owed them. It did not have any clarification what so ever because I never had an account with them. I have not filled out anything nor have I spoken to them on the phone since that initial conversation. The only thing I filled out was complaint to the Federal Trade Commission... thats it. Any advice or words would be GREATLY appreciated!!!

Bud Hibbs said I need a good attorney...and that they did have to prove this debt. I just can't understand why they would go to this length to summon me for a original debt of $300.00 5 years ago. Of course it has inflated to 4 times that much now. I believe that they re-aged the debt because they stated in the initial conversation that I had made a payment to the credit card company in 2003 which I have no record of.

So I suppose the question is, are they collecting for the credit card company or have they bought the old debt? I only received one piece of mail from them a year or more ago stating that I owed them, not the credit card company...

So should I accept the summons? I am trying to find an attorney but my funds are limited and I am sure they know that. I must look like easy prey. I reiterate....I never filled out anything for them nor have I spoken with them since the initial request from me to prove the debt.

Lauren,

Go to your county clerk and see if a lawsuit has actually been filed. And a question, how do you know the process server has missed you twice?

Another question- did you fill out ANY forms they sent you? If you did, you re-affirmed the debt. This means they will simply get a summary judgement against you.

AND..FYI..If you defaulted in 2001, the SOL is not expired until 2007 as the SOL in MI is 6 years for all debts.

Asset Acceptance is a debt buyer as well as a collection agency. They buy a debt of this age and type for about one fourth of a penny on the dollar.

They DO have to prove the account, as long as you didn't do it for them.

NEVER fill out or sign ANYTHING from a collection agency or lawyer doing collections. NEVER. It will only hurt you, and it is never required by law that you do it.

Tell us, what exactly did you fill out?

Emailed Bud Hibbs. He suggested I get a naca attorney for this. He said chances are this is an old debt that will work in my favor providing I have a good attorney.... I am worried. I know the summons is on the way and he will catch me at some point. This is the most ridiculous waste of the courts time and mine! Should I attempt to send this letter even though the summons has been issued? I have NOT been home to receive it.

Send a certified letter, return receipt requested, telling them this is not your debt and that you want written verification of same. Also, include in your letter that you want to be contacted by mail only, no phone calls. Chances are that AA will never get back to you concerning the debt, but keep an eye on your credit report to make sure. Good Luck!