Asset AcceptanceAsset Acceptance LLC Being sued for charged off credit card, believe they changed date on credit report Help!!! Warren Michigan
I need some help... I have been reading through all of the old postings for this company and see this is a very common practice of theirs. I received a summons for a civil case in my local court.
It states that I owe them money for a charged off credit card with 2 exhibits attached. Exhibit A is an Affidavit of Account saying that they purchased this charged off debt. Exhibit B appears to be a statement of some kind saying date of delinquency of 8/05 as a charge off for $1506 and that they purchased it 11/07.
I know that their claim is within the statute of limitations for Michigan. So, I know that is not an option for me. But I am not sure how to proceed with this. Can someone help? I know that I need to go to court, but I can't afford an attorney.
I have had no communication with them other than the delivery of a summons for a civil case and one mailing from them. I have not taken any of their phone calls.
Thanks in advance.
Needs help
Canton, Michigan
U.S.A.
1 Updates & Rebuttals
Linda
Brooklyn,New York,
U.S.A.
Hi, will try to help, but I am not a lawyer.
#2Consumer Suggestion
Mon, May 26, 2008
try to get a lawyer if you can. Check out NACA.net They have consumer lawyers, not sure how much they charge, but hopefully it is cheap enough. If you can try to contact a legal aid office in your area or any politicians office you think can help you. The easiest way to fight them is with a lawyer these scumsuckers only go after poor people who they know can't afford a lawyer. If not you can still beat them, but you have to fight it.
Exhibit A is a bunch of baloney. When you filed your answer you should file a sworn denial. The sworn denial eliminates there BS Affidavit. Do a search on sworn denials on the interenet. But it should go something like this.
The second step is to file a SWORN DENIAL. This needs to be a statement in WRITING that you FILE with the court where you have been sued. It can be a simple statement, but it needs to be typed, signed, notarized, filed with the clerk of the court and a copy sent to the collection lawyer. It needs to be a graduated denial. In other words, it needs to say, I deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct amount. The sworn denial is a powerful tool. It eliminates the Sworn Affidavit of Account. The vast majority of collection suits proceed without a witness for the creditor The collection attorney enters an affidavit signed by the creditor that the debtor owes the debt and that is this amount. With that affidavit in hand, the court gives the creditor a judgment. When a sworn denial is filed, the debt collection attorney can not rely upon a sworn affidavit of account.
Not sure if you filed the answer but in all likely hood they do not own or were not assigned this debt. In your answer and at all times deny you owe this alleged debt. There is no contract between you and Asset Acceptance and therefore no basis to even file a lawsuit. A contract can NOT be revised without the approval of both parties. Think about Marriage Contract for instance. If Asset Acceptance did own your account your original creditor by LAW would have had to notify you within a certain number of days that they gave your account specifically to Asset Acceptance. If you pay them you are only lining their pockets and I know it will be hard but try to fight them. I am not an attorney just a consumer like you.