Steve
Bradenton,#2Consumer Comment
Thu, January 10, 2008
"BillColl01" is in a big hurry to slam someone, but fails to read AND understand what was actually written. Linda never said the SOL was 5 years. She was giving an illustration of HOW SOL WORKS, and the key word in that sentence preceding the 5 year reference was IF! IE: IF the SOL was 5 years,...... Now for John, All you need to concentrate on at this point is a timely response to the summons. Thats it. Keep it short and sweet. Be sure to include all court information and case# as well as all of your current contact info on the letter. Only sign the copy going to the court, and just print your name on the other so they cannot forge your signature. In this response, simply deny the claim in it's entirety and specify that you have never entered into any financial agreement with any of the named parties, and that you are not in default. Also specify that the claim is frivolous and should be immediately dismissed. Send these by certified mail, return reciept requested and be sure to put the certified# on each, and keep a copy of each with that# for your records. This procedure is VERY important. Also fax copies to any fax #'s of each party just to be safe. Do not accidentally fax a signed copy to the bottomfeeders. The proceure above is VERY IMPORTANT. You should follow it exactly. A debt validation request or cease communication request at this point makes no difference and is a waste of time. Be sure to show up on the hearing date to avoid default judgement being issued. AND, very important, DO NOT mention any debt at all, the entire burden of proof is on them. And, this is only a hearing, your case will NOT be decided at this time. Therefore DO NOT let them force you into the little room to discuss the case. Just politely refuse and ask for your court date. They try to trick you into giving up some information so they can move for a summary judgement and end the proceedings. DO NOT fall for this! The court is not on your side and will not look after your best interest. You MUST exert your own rights. Good luck!
Billcoll01
MESA,#3Consumer Comment
Thu, January 10, 2008
IGNORE MOST OF LINDAS POST! SHE HAS A POST ASKING THE SAME INFO THAT YOU ARE . IM NOT SURE WHY SHE WOULD BE GIVING ADVICE TO ANYONE. BY THE WAY LINDA, 5YRS HAS NOTHING TO DO WITH ANYTHING UNLESS THAT IS THE SOL OF YOUR STATE, WHICH BY THE WAY, IS 6YRS IN NY. Texas Statutes of Limitation The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)). THE 1ST THING YOU NEED TO DO IS FIND OUT WHAT THEY ARE TRYING TO COLLECT ON. I DONT KNOW ABOUT AA BUT DEBT PURCHASERS THAT I HAVE WORKED FOR HAVE THE NAME OF THE CREDITOR ON THE LETTERS. IT WILL APPEAR AS FOR EXAMPLE NCO ASSIGNEE OF MBNA. ONCE YOU KNOW WHAT IT IS ABOUT, THEN YOU CAN SEEK PROFESSIONAL ADVICE. YOU WONT FIND THAT ON THIS SITE. WHAT YOU WILL FIND ON HERE ARE A BUNCH OF PEOPLE WITH AN AXE TO GRIND THAT WANT TO USE YOU & OTHERS AS GUINEA PIGS TO SEE WHAT WILL & WONT WORK.
Billcoll01
MESA,#4Consumer Comment
Thu, January 10, 2008
IGNORE MOST OF LINDAS POST! SHE HAS A POST ASKING THE SAME INFO THAT YOU ARE . IM NOT SURE WHY SHE WOULD BE GIVING ADVICE TO ANYONE. BY THE WAY LINDA, 5YRS HAS NOTHING TO DO WITH ANYTHING UNLESS THAT IS THE SOL OF YOUR STATE, WHICH BY THE WAY, IS 6YRS IN NY. Texas Statutes of Limitation The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)). THE 1ST THING YOU NEED TO DO IS FIND OUT WHAT THEY ARE TRYING TO COLLECT ON. I DONT KNOW ABOUT AA BUT DEBT PURCHASERS THAT I HAVE WORKED FOR HAVE THE NAME OF THE CREDITOR ON THE LETTERS. IT WILL APPEAR AS FOR EXAMPLE NCO ASSIGNEE OF MBNA. ONCE YOU KNOW WHAT IT IS ABOUT, THEN YOU CAN SEEK PROFESSIONAL ADVICE. YOU WONT FIND THAT ON THIS SITE. WHAT YOU WILL FIND ON HERE ARE A BUNCH OF PEOPLE WITH AN AXE TO GRIND THAT WANT TO USE YOU & OTHERS AS GUINEA PIGS TO SEE WHAT WILL & WONT WORK.
Billcoll01
MESA,#5Consumer Comment
Thu, January 10, 2008
IGNORE MOST OF LINDAS POST! SHE HAS A POST ASKING THE SAME INFO THAT YOU ARE . IM NOT SURE WHY SHE WOULD BE GIVING ADVICE TO ANYONE. BY THE WAY LINDA, 5YRS HAS NOTHING TO DO WITH ANYTHING UNLESS THAT IS THE SOL OF YOUR STATE, WHICH BY THE WAY, IS 6YRS IN NY. Texas Statutes of Limitation The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)). THE 1ST THING YOU NEED TO DO IS FIND OUT WHAT THEY ARE TRYING TO COLLECT ON. I DONT KNOW ABOUT AA BUT DEBT PURCHASERS THAT I HAVE WORKED FOR HAVE THE NAME OF THE CREDITOR ON THE LETTERS. IT WILL APPEAR AS FOR EXAMPLE NCO ASSIGNEE OF MBNA. ONCE YOU KNOW WHAT IT IS ABOUT, THEN YOU CAN SEEK PROFESSIONAL ADVICE. YOU WONT FIND THAT ON THIS SITE. WHAT YOU WILL FIND ON HERE ARE A BUNCH OF PEOPLE WITH AN AXE TO GRIND THAT WANT TO USE YOU & OTHERS AS GUINEA PIGS TO SEE WHAT WILL & WONT WORK.
Billcoll01
MESA,#6Consumer Comment
Thu, January 10, 2008
IGNORE MOST OF LINDAS POST! SHE HAS A POST ASKING THE SAME INFO THAT YOU ARE . IM NOT SURE WHY SHE WOULD BE GIVING ADVICE TO ANYONE. BY THE WAY LINDA, 5YRS HAS NOTHING TO DO WITH ANYTHING UNLESS THAT IS THE SOL OF YOUR STATE, WHICH BY THE WAY, IS 6YRS IN NY. Texas Statutes of Limitation The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues, (Section 16.004 (a) (3)). THE 1ST THING YOU NEED TO DO IS FIND OUT WHAT THEY ARE TRYING TO COLLECT ON. I DONT KNOW ABOUT AA BUT DEBT PURCHASERS THAT I HAVE WORKED FOR HAVE THE NAME OF THE CREDITOR ON THE LETTERS. IT WILL APPEAR AS FOR EXAMPLE NCO ASSIGNEE OF MBNA. ONCE YOU KNOW WHAT IT IS ABOUT, THEN YOU CAN SEEK PROFESSIONAL ADVICE. YOU WONT FIND THAT ON THIS SITE. WHAT YOU WILL FIND ON HERE ARE A BUNCH OF PEOPLE WITH AN AXE TO GRIND THAT WANT TO USE YOU & OTHERS AS GUINEA PIGS TO SEE WHAT WILL & WONT WORK.
Linda
Brooklyn,#7Consumer Suggestion
Sun, January 06, 2008
Hi, #1 - If they try to sue you and send a summons respond at your local courthouse and they will set a date for the hearing. If you don't respond to the summons the courthouse will grant an automatic default judgement in Asset Acceptance favor only because you didn't show up. Not sure what state you live in, but each state has a SOL that stands for statute of limitations. If the SOL is 5 years and it is over 5 years then they can't legally sue you or take any money or anything from you legally. Check your states SOL- very strong defense. The SOL starts when you made your last payment. When you stopped making payments this was when you breached the contract with the creditor. Don't pay them anything as this resets the clock for SOL. If you pull your credit report from Equifax or Experian you should be able to at least get an idea when it was charged off. Next point send them a validation letter certified/registered/return reciept. You need to make sure that you have proof they recieved your validation later should you need it as evidence in court. They have to show proof they own the debt, they can't just send you old bill from they bought from the credit card company. In a legit courthouse the burden is on them to prove they own the debt. Also Asset Acceptance is not licensed to collect debts in New York so they hire a BS Lawfirm to collect debts. I believe this is a conflict of interest and is also illegal. Check to see if Asset Acceptance even has an office in your state, let alone is licensed as a Bill Collector in your state. (Kind of like someone driving without a license then going before a judge and the judge says no prob you killed someone, and were driving without a license.) Were you served properly. Improper service is where they serve you illegally. Asset Acceptance has to serve you and you alone at your address or someone who resides with you. They have to serve this summons to a living breathing person. Also the CAN NOT LEGALLY serve a summons to a P.O. Box. Go to the courthouse and ask for your paperwork concerning this lawsuit to see what it says. I know someone who was caucasian male and was served and the person who served the summons for the debt collector said they served it to a brown skin female. If they lied you can state to the judge or one the paper work the process server perjured themselves. I am currently dealing with these THUGS myself, but if you have any question feel free to ask. Also write to your States Attorney General and Politicians expose these criminals. They should also be able to tell your where their is a local legal aid office. If all else fails play dirty, deny this alleged debt at every turn.