Stacey
Dallas,#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,#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,#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...