Carrie
Flat Rock,#2Consumer Suggestion
Tue, December 30, 2008
If they got a judgment because you simply did not show up, see your local court clerk about filing a motion to have the default set aside. Did they serve you court papers personally or send them to you in the mail? If not, ask the clerk about the proof of service. If you didn't sign for it, a default is void. Even if you did, carefully examine the papers that came with it. Did they include your original signed agreement with Ballys? Did they include an itemized statement/payment history from Ballys? Did they include a letter from Ballys saying they assigned or sold the debt to Asset? (See court cases Fields v. Wilbur Lawfirm and Asset Acceptance v. Rodney Lemon). Their bogus affidavit must have the referred to "business records" attached, and their own invoice is not proof you legally owe either. Here's a site you might find helpful- http://www.budhibbs.com He is a consumer advocate and lists Asset as one of their top 10 WORST.