Complaint Review: Asset Acceptance LLC - Concord California

I appreciate your responce.I don't know what the laws are in Texas so your lawyer may be right. I know in New York,if you have any money in the bank by way of exempt funds,the money can only be seized "only" if you take out the cash and then redeposit it.Also if anyone does freeze your account,all you have to do is close that existing account and open another (same bank) They have to start the same process all over again to find your account despite you opened it within the same banking institution. As for any purchases you mentioned connected and or protected because of where the funds came from SSD,SSDI etc,once that money turns into cash (which means it has been removed) they can take that property.This is New York law.This rule may vary from state to state.

My understanding is that ANY asset purchased with the SSDI or Social Security is also exempt because the asset was purchased via exempt funds. An attorney also gave me advice that if you have money coming in from sources OTHER THAN exempt funds, they should be kept in a separate bank account to keep "protected funds" clearly that - protected. You should have pursued the in court the freezing of your accounts because that appears to be malicious not only because of the timing of the event but because you clearly advised them your only source of income was via protected funds ....

I had the same issue with this company.I had a debt for $978 and has grown with interest in 9 years to $5700.I also agree with a post with regards to SSD,SSI and Workmans Comp. If you recieve any of these you are "exempt" from them collecting.I should know I collect both Workmans Comp and SSD. I had North Fork Bank's lawyer freeze my account on Dec-24-05 and how clever of them to do this a day before Christmas.Despite telling them I get SSD and Workmans Comp they decided to make my life miserable anyway. It took me 3 weeks to have them release the money.Shortly after I recieved a notice from the Marshalls office and it stated that the creditor can be sued.I have not heard from them again.Yes,they can take assets like home or car etc. The best thing to do which I've done is if they contact you tell them how you recieve your income as to put the seed in their head.Also tell them some have tried in the past and you know your rights and they can be sued. I want to say this,I'm not saying because we owe a debt to a creditor we should cry out"I'm exempt." These people don't care about anything but money and the way they go about it is what bothers me.Their ruthless tactics are the issue. Hope this helps.Good luck

I think you misunderstood my current situation. I HAVE NOT had any luck yet - I just responded to them with specific details to dispute the time-barred debt. I must wait to hear from them before I know what future dirty tricks they have up their sleeves in order to drag out this nightmare. Knowing how they operate, I expect that they will just sell the account again and continue to badger me until I die. I am praying that they will not be able to sue me, but I do not trust them at all, and know that they can create all kinds of fake or forged documents in order to get a judgment. I will not be the least bit relieved until I get a final resolution in my favor. I did not sign the letter or their form, because I have heard that they will lift your signature and place it on a phony contract to indicate you have offered to pay. THESE PEOPLE SCARE ME TO DEATH! judith

So far, Asset Acceptance Corp has not been so fair with me. I disputed the debt within 30 days, as I am supposed to, and the debt is over 4 years old, beyond Florida Statute of Limitations. (Before you tell me I should have paid the debt, I attempted 6 years ago to work with the original loan and was unsucessful. They then started a process to try to collect 4 times what I owed). In the meantime, this Asset Acceptance bottom feeder bought the account, illegally informed the credit agencies that this debt restarted in 2006 and Experian refuses to remove this debt until 2013, even after 2 attempts to correct the data. Asset Acceptance illegally redated the debt when they bought it, and I have been unable to fix it, even though I have done nothing to update the debt, have not made any payment or offer of payment, and the original delinquency date was May 2001 and should come off my report in 2008. I really wish the State and Federal government would go after these bottom feeders with 1/10 the energy they use to illegally harass others.

So far, Asset Acceptance Corp has not been so fair with me. I disputed the debt within 30 days, as I am supposed to, and the debt is over 4 years old, beyond Florida Statute of Limitations. (Before you tell me I should have paid the debt, I attempted 6 years ago to work with the original loan and was unsucessful. They then started a process to try to collect 4 times what I owed). In the meantime, this Asset Acceptance bottom feeder bought the account, illegally informed the credit agencies that this debt restarted in 2006 and Experian refuses to remove this debt until 2013, even after 2 attempts to correct the data. Asset Acceptance illegally redated the debt when they bought it, and I have been unable to fix it, even though I have done nothing to update the debt, have not made any payment or offer of payment, and the original delinquency date was May 2001 and should come off my report in 2008. I really wish the State and Federal government would go after these bottom feeders with 1/10 the energy they use to illegally harass others.

So far, Asset Acceptance Corp has not been so fair with me. I disputed the debt within 30 days, as I am supposed to, and the debt is over 4 years old, beyond Florida Statute of Limitations. (Before you tell me I should have paid the debt, I attempted 6 years ago to work with the original loan and was unsucessful. They then started a process to try to collect 4 times what I owed). In the meantime, this Asset Acceptance bottom feeder bought the account, illegally informed the credit agencies that this debt restarted in 2006 and Experian refuses to remove this debt until 2013, even after 2 attempts to correct the data. Asset Acceptance illegally redated the debt when they bought it, and I have been unable to fix it, even though I have done nothing to update the debt, have not made any payment or offer of payment, and the original delinquency date was May 2001 and should come off my report in 2008. I really wish the State and Federal government would go after these bottom feeders with 1/10 the energy they use to illegally harass others.

So far, Asset Acceptance Corp has not been so fair with me. I disputed the debt within 30 days, as I am supposed to, and the debt is over 4 years old, beyond Florida Statute of Limitations. (Before you tell me I should have paid the debt, I attempted 6 years ago to work with the original loan and was unsucessful. They then started a process to try to collect 4 times what I owed). In the meantime, this Asset Acceptance bottom feeder bought the account, illegally informed the credit agencies that this debt restarted in 2006 and Experian refuses to remove this debt until 2013, even after 2 attempts to correct the data. Asset Acceptance illegally redated the debt when they bought it, and I have been unable to fix it, even though I have done nothing to update the debt, have not made any payment or offer of payment, and the original delinquency date was May 2001 and should come off my report in 2008. I really wish the State and Federal government would go after these bottom feeders with 1/10 the energy they use to illegally harass others.

I just wanted to say THANK YOU to all you who are helping me to get my stomach churning eased. I truly appreciate your advise and info. I have responded to the CA and clearly noted the time barred age, and dispute of the debt., etc. You may be interested to know that FINANCIAL RECOVERY SERVICES, Inc is representing ASSET ACCEPTANCE LLC as their client now. This whole business if really awful. I do not skate on my financial obligations, and as noted in my original input, my effort to resolve the problem with the original creditor failed at their end. I was not going to send funds to anyone without knowing who was receiving the payments and how it would be credited against my outstanding account. It will be 21 years in August, and I am still upset over what has happened. I will keep you posted on what I hear back from the CA. I sent certified letters to every address they had listed on their form. Thanks again

Federal law makes your Social Security benefits exempt from levy, garnishment, and assignment. 42 USC 407(a) states: "In general the right of any person to any future payment under this subchapter shall not be transferable or assignable . . . and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law." This means that even if a creditor or a collection agency has a judgment against you, they cannot garnish your Social Security payments, nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your social security benefits is exempt from levy or attachment If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My income consists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter. While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt from garnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection agency

Bud Hibb got me in touch with my attorney after I emailed him about what was going on. He called the attorney and spoke with him about my case and then he got in touch with me. I had talked to 7 different lawyers and not found anyone that would take the case on contingency and they didn't seem to know much about consumer law. I had one say,"throw the summons in the fireplace and if they send another do the same (not good advice). One suggested I offer them a few thousand to settle??????Go figure...I told them it is not my debt. They seem to say..well, they have you SS, name, address so your are considered guilty. Budd Hibb's site is great and he does a good service keeping people informed and updated.

Time-barred debts are debts so old they are beyond the point at which a creditor or debt collector may sue you to collect. State law varies as to when a creditor or debt collector may no longer sue to collect: in most states, the statute of limitations period on debts is between 3 and 10 years; in some states, the period is longer. Check with your State Attorney General's Office at www.naag.org to determine when a debt is considered time-barred in your state. Collecting Time-Barred Debts Most courts that have addressed the issue have ruled that the FDCPA does not prohibit debt collectors from trying to collect time-barred debts, as long as they do not sue or threaten to sue you for the debt. *****If a debt collector sues you to collect a time-barred debt, you can have the suit dismissed by letting the court or judge know the debt is, indeed, time-barred.*** Whether a time-barred debt or any debt for that matter can appear on your credit report depends on how long the debt has been delinquent: ****debts that have been delinquent more than seven years cannot appear on your credit report, with certain exceptions.*** In addition, a debt collector may not try to collect a debt that has been discharged in bankruptcy, no matter when it was incurred. Contact with CollectorsCan a debt collector continue to contact you about a time-barred debt you don't think you owe? According to the law, if you send the debt collector a letter stating that you do not owe some or all of the money within 30 days after you receive written notice of a debt, the collector must stop trying to collect until you've been given written verification of the debt, like a copy of the bill for the amount you supposedly owe. The collector can renew collection activities once you've gotten proof of the debt.You can stop debt collectors from contacting you about any debt, regardless of whether you owe it, by writing a letter telling them to stop contacting you. Once the collector gets your letter, it may not contact you again except to say there will be no further contact or to let you know that the collector or creditor intends to take some specific action. Sending a letter doesn't absolve you of the debt if you actually owe it; the debt collector or creditor still could sue you for the debt.

Well they got the a*s part right. The rest is speculative. Anyway. Go here: budhibbs.com click on "Agencies to Avoid" Scroll through the alphabetical list of bottom feeders to see if ASSett Acceptance is on there. His site has a list of parasites that try to collect on old debt by acting like spoiled children. He also has links to places where you can get help. I'm pretty sure you have a case against these clowns. Don't let them drag you down! Fight back!

Judith, If you only have SS income they cannot get a judgement against that. It is protected by law. They could go after other assets or freeze your bank account for other money you might have available. But I don't think you have anything to worry about. You will probably hear more from them but write a letter denying the debt is a valid debt and state that it is way past the SOL.(check to see what it is in your state) Be sure you send it certified so you know they received it. You might inform them that your only income is SS. You can always get a lawyer to write it for you. Legal aid will help but I found them in my case to always be backlogged. I ended up with an attorney as the JDB trying to sue me reaged the account saying I made a payment on a 15 year old debt (which was not mine) years after it defaulted and was sold to the first collector(JDB). They sued me and now they are negotiating to settle as I countersued them...that was when I finally got an attorney. I know the stress you are feeling but just know you can beat them at their own game. There are laws to protect you from JDB that try to get judgement for old debts that are past SOL. Godd luck....I know there are others that can give you some good help.