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  • Report:  #410804

Complaint Review: Asset Acceptance - Internet

Reported By:
- Lafayette, Indiana,
Submitted:
Updated:

Asset Acceptance
assetacceptance.com Internet, U.S.A.
Web:
N/A
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Okay, so I am worried about what to do or what is going on. I have to appear in court on Tuesday January 20th and I don't know what will go on or happen. I am being sued by the collection agency Asset Acceptance. I am thinking this is from an account I had with Bally Total Fitness almost 5 years ago. Originally I had tried to back out of Bally's at the end of the first 30 days as listed in the contract to which they told me I was one visit short to be eligible for cancellation. This was incorrect as I had marked all my visits in my personal planner. I then refused to pay my Ballys contract agreement and still tried to find other ways out of the contract.

About 6 months later I was contacted by Asset Acceptance to collect the debt off the contracted amount being about $3400.00 with the interest that piled up. They agreed to settle with me on a payment plan with a starting balance of about $2300.00. I didn't want any negative marks on my credit worse than had already been done by the collections so I agreed to it. I made a $600 down payment to them and made a payment plan of $150 a month which was higher than I wanted each month but they would not settle for less per month, and this was even higher than what my payments would have been to Ballys in the first place. I continued to make payments until the balance was down to about $1000.00. Then one month my pay turned out to be less than usual and I called to make my monthly payment to them but couldn't make the full $150 but instead offered to make a payment that month of $100.

My account representative informed me that if I were to not make the full $150 payment that it would default our payment agreement and that the balance would then return to the full amount again, despite all the payments I had already made. I always had been told that creditors are supposed to accept payment no matter what amount you are paying, that they can not refuse a payment. I requested to speak with her manager, with whom I was told the same thing. I repeated I could not afford the full $150 payment but only $100 that month but next month would again be able to make the full $150. They both then told me it wouldn't matter, that I would have already defaulted payment agreement and the account would return to its original balance for me to have to repay all over again. They told me they could accept the $100 but that it would not matter on my account.

With hearing this I told them I might as well not even pay the $100 then if I was going to end up screwed in the end anyways. I ended up not paying the $100. Now it has been a few years since all of this and I got a letter in the mail needing to appear in court on January 20th for a balance of about $2300.00 the original amount on the agreement before I had paid it down to about $1000.00. I don't understand why this came up out of the blue a few years after last contact with them.

I have now been without employment for over 6 months, have no current income and am being sued for this total amount. Any advice or information on what they can do legally to me in the state of Indiana would be greatly appreciated. My court date is January 20th a little over a week from now. Please help if you have any information on the matter. I am worried if there will be a jail sentence since I am unable to even make payment arrangements or should I even pay this company since I technically should have no legal binding to this outside collection agency, except for the fact they purchased the account from Ballys.

Spearritt75

Lafayette, Indiana

U.S.A.


3 Updates & Rebuttals

Stacey

Dallas,
Texas,
U.S.A.
Did a little research

#2Consumer Comment

Fri, January 16, 2009

Please go the website of your Secretary of State and make sure that your state requires a surety bond for collection agencies be filed in order to place calls or sue - In the State of Texas - a Surety Bond is required in order to place collection calls or letters - If the collection agency does not have the bond on file then they are subject to fines and all costs collected in court Had that happen in my case - Loser collection agency did not have a bond on file with the State and was fined Do a search or make a call - do not let these scumbags take your hard earned money for a bogus debt Good luck - let us know what happens


Carrie

Flat Rock,
Michigan,
U.S.A.
Motion of Discovery/Produce Documents

#3Consumer Suggestion

Fri, January 16, 2009

It may be called something different in your state, ask your court clerk for the correct paperwork. In a nutshell, file a paper asking for a copy of the original signed contract signed with Bally's, a complete accounting history of the account, and a receipt of sale/assignment specifying your account. If these aren't attached to your summons and complaint, there is a good chance they don't have them. You can also file an interrogatory questioning them as to how much they actually paid for your account. I guarantee it was 1/10th or less what they are claiming you owe them. These fools sued me with an inadmissable "affadavit" from their employee that did not have sworn copies of the "business records" they mention in the affadavit attached and an in-house generated invoice that anyone could make with a home PC and a copy of Quickbooks software. See court case Asset Acceptance VS Rodney Lemon...


John

Louisville,
Kentucky,
U.S.A.
RE:

#4Consumer Comment

Mon, January 12, 2009

1) You CANNOT go to jail over debt in the USA...so don't worry about this 2) If you can afford an attorney, hire one to respond, if you cannot, respond with the following to the court and to Asset Acceptance: Send the court AND the Asset Acceptance a letter via Certified Mail + Return Receipt stating: Notice of Intent to Defend This claim is in dispute and I cannot properly respond until I receive documentation for this alleged debt, which includes: - a copy of the original signed contract with my signature - An itemized summary of how this amount was calculated and the interest rate being charged 3) DO NOT be a "no show" on the court date under ANY circumstances....This is the worst thing you can do as being a no show = default judgement for Asset...This is exactly what Asset wants you to do. Even if you loose, you can plead your case. Bring documentation showing that you are unemployed Bring copies of bills to document your living expenses. The judge will most likely be sympathetic. Challenge any exorbitant "add on" costs that Asset tries to tack on. Request an itemized statement if they try to do this. Ask for a copy of the original signed contract for this debt with your signature. -------------------------------------- As long as you are unemployed, you are judgement proof...

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