Complaint Review: Asset Acceptance - Warren Michigan

and from what I have read on the fed regs, the collection CANNOT report negatives to the credit bureau until they have validated the claim. That might be important to the individual to ...

First, there are indeed TWO different provisions in the FDCPA for ceasing communications with consumers: 1692c(a)(1)COMMUNICATION WITH THE CONSUMER GENERALLY. Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. This prohibits a debt collector from contacting a consumer at a time or place known to be inconvenient (i.e. making telephone calls to your home or office). This inconvenience notification does not have to be in writing it can be verbally expressed. 1692c (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt This gives a consumer the right to stop ALL further communications from the debt collector (i.e. telephone calls and letters). This part of the statute requires that the consumer send a letter or fax to the debt collector in order to stop all contact (except for one more letter telling the consumer what their intentions are). Secondly, about filing in state courtMOST times you can file debt collection lawsuits in state court and have your case heard there. But there are 6 states that do not have state debt collection protections, therefore a case can not be legally tried before a state court judge (the judge would dismiss it or have it removed to federal court for lack of proper jurisdiction). Those states are: Alabama, Montana, Nebraska, Nevada, Rhode Island, and South Dakota. Best not to waste your filing fee in those places. And third, the FDCPA does not provide a strict timeline for the debt collector to provide validation. It just states that if the consumer disputes within the first 30-day period, then the debt collector must stop collecting until they obtain the verification of the debt. They could take a year to provide it to you, as long as they don't try to collect from you until they do. See the attached excerpt: 1692g(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Now, TEXAS is very consumer friendly and has a 30-day turnaround time for the debt collector to respond to a consumer dispute. But that's a state law and is not regulated by the FDCPA (and is not applicable to consumers in other states unless the debt collector operates out of Texas).

You are so right. I only an issue with one poster to the collection section of the board. As one of the posters said (and forgive me for not remembering which one it was) each situation is different because of circumstances and location and the real authority is a wise consumer advocate attorney in their home state. Just as a point of interest, I found by happensance another site that blew my socks off. it is budhibbs.com This site is dedicated to collection agency abuses, provides sample letters, and all kinds of very useful information including the agencies being sued AND referrals to specialized attorneys. The number of times an agency is mentioned here confirms the information on Bud Hibbs site. One of the most important reads on Bud Hibbs site are the letters from collectors that work for the agencies mentioned here. They advise people of the tactics they are told to use and how the consumer can protect themselves.

Half the time they can't validate the debt. A junk debt buyer is lucky if they can get a copy of the charge off statement. What you want is for them to provide a copy of some sort of application that you signed, either physically or electronically, and chances are excellent that they won't be able to produce one. Additionally, they have 30 days to validate and after that they are required to cease collections. That is contained in the FDCPA. Routinely the agencies I worked for would take anything up to 120 days to provide that worthless chargeoff statement. Ultimately, Steve is correct. The burden of proof is on them though they will tell you its not. The collector only knows what they're told and no more. Read the FDCPA, involve your AG and, if they file suit, GO TO COURT. Don't ask if you need to appear, they'll tell you no so they get the judgment by default. Be sure to file a written response to force a hearing and then GO. Most of the time the judge tells them to arrange a repayment schedule, or they set the schedule themselves at $50.00 per month. And if you can find some evidence in your files to support a claim that the SOL on the debt has run out, take it with you. You'll have the pleasure of watching their attorneys try to talk their way out of it. I'm out, thank God.

but we got to many collectors, on here misleading people, with the exception of DON in ILL. Steve of Fl., tom from tx, Amy of Minn. and a few other that have posted here alot, have given good advise to people, in their own way. and the collectors, can't have that, so they start these pissing matches and all of us get away from help the OP, needs. If someone made an incorrect statement, point it out as a adult, d**n grow up. if want to play games, buy a plytstation2 and leave them the hell alone. Any, i get the conflick, still your advise is welcome Steve is well, this is, just the way he is, we don't have a problem with Steve Don,tom and mark you guys have helped people alot so let the collector post the lies and mislesding information, pepole will see whats going on and won't read them thanks (sorry meds are kicking in) not alot of typo's?

I posted this message on several other collection agency threads ... Instead of attacking each other and challenging each other, can we stay focused on the individual's issues and concerns and try to assist the individuals in obtaining a logical resolution and support them to their area of concern? We all have a common "enemy" so to speak and we should be focusing on constructive recommendations (even if we have differing approachs and thoughts) instead of berating and belittling each other.

I do believe, Most lawsuits that can be filed in Federal district court can also be filed in state court. Federal courts have exclusive jurisdiction only in a very few kinds of Federal question cases, such as lawsuits involving copyright violations, patent infringement, or Federal tax claims This means that plaintiffs in all diversity jurisdiction cases and nearly all federal question cases have a choice of suing in federal or state court subject matter jurisdiction

Amy, FACT: MOST people who need legal advice CANNOT AFFORD it. Therefore, they do not get it. FACT: There is absolutely no reason to pay an attorney for basic debt collection issues. FACT: I ALWAYS tell people to get a lawyer if they can when they get sued. I NEVER suggest self representation in a lawsuit IF it can be avoided. FACT: I DO NOT give legal advice, as I am not a lawyer and never pretended to be. My INFORMATION that is provided, is GENERIC and ONLY to get someone started and point them in the right direction. FACT: Everything I have ever posted here is what has actually worked in fighting off AND beating debt collectors and lawsuits. Fact: I have NEVER lost a debt collection battle or lawsuit. I have never paid a panny on any bad debt and have no judgements against me to this day. Like it or not, those are the absolute facts.

I don't know why Amy and Ruby/Lucille feel the need to attack Steve..he has helped a lot of people and his advice is sound. He states that in some of the more complicated cases, an attorney is needed. In most cases, it isn't, as if you stand up to a junk debt buyer and they see that you are knowledgeable, they will back away. His advice is meant to be a GUIDE as to what has and has not worked for him in his experience. Asset seems to have a new scam going..phantom debts popping up shortly after a consumer prequalifies for a mortgage or refi. We just went through that recently, and using Steve's advice as a guide (as well as California law), we squashed them like a bug in no time flat. Knowledge is power when dealing with a JDB. Like it or not, what Steve does is a GOOD thing.

FYI, I only post under my own name no matter what Steve assumes. He has posted several times in other postings that he is assuming that Lucille and Ruby are in fact me. THEY ARE NOT! All though, I agree with what they say because they are only saying what I have been saying all along. Steve's advice is dangerous to take without first consulting an attorney. And is insecurity in his own advice shows in his personal attacks on anyone who dares call him out on his bad advice. ALWAYS consult an attorney for legal advice; not the internet! Good Luck! Thanks, Amy

Ruby, There is no requirement to bring a FDCPA lawsuit in federal Court. It can even be done in small claims court of any jurisdiction you live in as a victim. And, Cease communication has absolutely nothing to do with Debt validation. nothing. And, what is a "full" cease communication? Cease communication is just that. Cease communication. The FDCPA does not specify different levels. And, debt validation is essential with parasites like Asset Acceptance, as it stops further collection action until provided. Asset acceptance files lawsuits on out of stat debts every single day!

Ruth, Legally it's not when you last used the card with a purchase or cash advance, it's whether you failed to pay of any existing balance in acocrdance with the card holder agreement and thus breached the agreement. Relocation is not an excuse for failure to payoff the balance of the debt accrued by use of the credit card. If the agreement was breached (the delinquency commenced)in 1999, then under Florida law, the limitations period expired in 2003, 4 years after the commencement of the delinquency, or in the case of an account stated claim, 4 years from the date of the original creditor statement in evidence. Therefore, you have the right to issue a full FDCPA cease all communication to Asset acceptance regarding any out-of-statute debt allegation. That won't necessarily get it deleted from a credit report as the FCRA reporting period is 7 years, 3 years longer than the commencement of actions SoL in Florida. Asset does not validate, even though FDCPA requires them to from original creditor records, since Asset could not care less about the rights of people like you. Asset just wants your money. FDCPA validation is their responsibility not yours. If you want to spend some time in federal court, you could seek recovery of statutory and actual damages as Asset violates the substantive provisions of the FDCPA. Whether they are a publically or privately owned company is irrelevant regarding violations of the FDCPA, which they are a rampant violator.