Complaint Review: Asset Acceptance

sueing them for FDCPA violations?

Perhaps you should discuss this with your attorney. It seems reasonable to me that the should have known that they couldn't successfully sue you for this outdated debt, ergo, by filing a suit against you they violated the FDCPA.

If you're successful suing them, at the minimum you could be awarded up to $1000 statutory damages as well as real damages (insomnia, emotional distress, etc) and reasonable attorney fees. In a case such as yours, many folks have settled out of court with JDB for a fee thousand bucks above their actual costs and attorney fees.

I would discuss this with an attorney who is well versed in consumer credit and the FDCPA.

Good luck.

Jodie,

Asset Acceptance violated FCRA provisions when they re-aged your debt. This is worth up to $1000 in punitive damages plus costs.

Then you are also entitled to civil damages, the $500 you paid your lawyer, costs of mailings, lost time from work, cost of obtaining credit reports, etc.

Go after these lowlife! Get your money! It is an easy win!

Don't get mad, GET PAID!!

>>>
Jodie
Jaffrey, New Hampshire
U.S.A.

Asset Acceptance didn't get a penny out of me
I hired an attorney to help me fight back against Asset Acceptance. A court date was set and I gave the attorney a $500. retainer. After reviewing all the evidence I presented to him, the attorney called Asset Acceptance and informed them that they did not have a case against me and that it would be in their best interest to drop the case.

Asset Acceptance tried to bluff my attorney into thinking they had all sorts of evidence that I owed them evey cent they were demanding, but they were willing to settle out of court for a reduced amount. But, when my attorney called their bluff and asked to see the proof, suddenly they dropped the petition to attach and and the court date was cancelled.

The ordeal still cost me $500. but Asset Acceptance didn't get one red cent out of me. It was worth every penny I paid the attorney. And if Asset Acceptance does not correct the false information on my credit reports it's going to cost them plenty because I will fight tooth and nail to get justice for the hell they have put me through in their quest to rip me off!!
>>>

I hired an attorney to help me fight back against Asset Acceptance. A court date was set and I gave the attorney a $500. retainer. After reviewing all the evidence I presented to him, the attorney called Asset Acceptance and informed them that they did not have a case against me and that it would be in their best interest to drop the case.

Asset Acceptance tried to bluff my attorney into thinking they had all sorts of evidence that I owed them evey cent they were demanding, but they were willing to settle out of court for a reduced amount. But, when my attorney called their bluff and asked to see the proof, suddenly they dropped the petition to attach and and the court date was cancelled.

The ordeal still cost me $500. but Asset Acceptance didn't get one red cent out of me. It was worth every penny I paid the attorney. And if Asset Acceptance does not correct the false information on my credit reports it's going to cost them plenty because I will fight tooth and nail to get justice for the hell they have put me through in their quest to rip me off!!

I received a Writ Of Summons (shoved under my door) stating that they are attaching my property and that I owe them money because they bought an account I originally had with Dell. The sol in NH has run out on the original account I had with Dell as the date of last activity was in 2004. Asset Acceptance reported on my credit that the account was opened in 2007!! How can this be since it was charged off by Dell??? I have sent a certified letter to these scumbags stating the facts and sent proof that they have no case and have gotten no response back. Can they really put a lien on my house? My lawyer says no, and that if this isn't resolved out of court immediately then we will take action. How can I find out if there is really a lien on my property?

New Hampshire has a statute of limitations of 3 years. I suspect they "re-aged" this debt which is illegal. If you have NOT made any payments to this debt since it was charged off the SOL should be the date of the last payment you made.

Watch out. Sometimes less than honest collectors will create a fake payment to reset the SOL.

You need to examine the information they are using to claim that the SOL is not expired.

I don't know the specific court procedures in NH. I would consult with an attorney about how to proceed.

DO NOT IGNORE the summons. If you don't show up in court, they will win a default judgement against you - regardless of the SOL. The courts will not assert an expired SOL defense for you - you must do that.

Good luck.

Hey, I have a pending case also dealing with these JDB's. They bought my old Dell account and deleted the OC information on my credit reports and put theirs on there which greatly impacted my scores. But in my case though I have the SOL on my side under the UCC of Kentucky for the sales of goods which is 4 years and not 15 as most believes it is for their is a case law in kentucky that backs it up. So if I were you I'd talk to an attorney and see what state laws apply and whatever you do don't send them any money as it will reset the sol on your account. I advise everyone that is being contacted by this junk debt buyer and others to stand up against these scumbags, buying a debt for a few cents on a dollar and then clogging up the court system trying to make a huge profit on out sol debts.