Complaint Review: J. P. Morgan Chase - Asset Acceptance - Cleveland Ohio

if they OWED the bank monies (somehow the accounts were overdrawn) when they closed the accounts and the bank somehow opened a credit account and posted a DEBT for the amount of the overdrawals. That I might agree could happen. That's not what she's claiming. She's claiming that the bank closed the accounts (which had a positive balance - the bank OWED her money) and somehow this was magically transfered to a credit account. This is why I spesifically asked if this new credit account showed a CREDIT of the monies they were owed from the closed checking and saving account. No answer to that. Further, the time to fight this with a criminal complaint to law enforcement (bank fraud) and in the court was 9 YEARS AGO. NOT after there is a judgment and subsequent enforcement order. I find it almost impossible to believe that all of this occured without her knowing it at the time. She even states that 3 months later they received a statement for this credit account. The time for judicial action was back then!!! She further amplifies her story telling us how some $700 in charges were made to this account. Again I must ask, where were the criminal complaints back in 1999 for this alleged fraud? Faron, this complaint just doesn't make sense, and I suggest to you that she knows it makes no sense. She makes a posting, and then 3 days later (with NO REBUTTALS POSTED) she makes the "I'm not crazy" rebuttal. Further, she's playing the "emotion card" with details about caring for parents. Another sign that she knows that her complaint here makes no sense. These "heart breaking" details have NO REVELANCE to her claims whatsoever. I am sorry about her parents but it has no bearing whatsoever. There is a LOT missing in this complaint. First off, there had to be a minimum of 2 COURT ACTIONS. One court action that ruled the debt was hers. The second court action (summary judgment as she calls it) would have been an enforcement order (of the first judgment) which is why the funds were taken. During the second court action, all the court is concerned about is whether or not she has obeyed the first judgment and paid the debt. If the answer is NO (and with no payments made) the court will indeed grant the enforcement order. The issue of whether the debt was HERS or NOT was already determined by the FIRST judicial action. The subsequent action was to ENFORCE the first judgment by seizing assets to satisfy the judgment. All of this is MOOT Faron. The judgments exist. The monies will continue to be taken until the adjudicated debt amount is satisfied. Also, the door is open for placing liens against personal property such as home, autos, tax refunds and the like. The ONLY WAY I know of to stop it is to have the court either STAY the enforcement order (pending some type of appeal by her) or have the judgment vacated - or go into hiding. The time for her to present all this "proof" she claims to have was 9 YEARS ago in the form of a criminal fraud complaint, or in civil court with her as the plaintiff against the bank. She is going to have to approach the court to attempt to stop this. I don't see her succeeding going at it pro se. Also, there are plenty of competant attorneys - just cause the attorneys she's consulted with won't take this on doesn't mean they are incompentant. More likely, she she either doesn't have a case OR THE LEGAL FEES to fight a judgment that is several years OLD and with an enforcement order in place would greatly exceed what the debt is. Also, there is probably a time limit (SOL if you will) for APPEALING a judgment, and it is possible this has expired as well.

Shouldn't this still be considered an open account, in this framework? It seems to me a good argument to that effect could prevail, here. Mary, contact attorneys at naca.net or naca.org; I forget the end of the site. You should be able to find one in your area. Good luck!

First, we have a summary judgment against us and were never permitted to testify in court. Heck, we were never even allowed in the courtroom until after the fact. What can you do with that? And second, I would love to have an attorney help me with this, as I spent yesterday between caring for my parents researching, and I am overwhelmed! However, it has been far beyond my abilty to find a competent attorney. We all must remember here that I am a victim of crime, I am hurt, I no longer have faith or trust in anyone. I need to heal and when I go to these attorneys and they blame me for this situation, it is as if they are telling a rape victim it was their fault for wearing the wrong thing, it just spreads these wounds wide open again, yet if I do not resolve this situation I will never heal. Kind of stuck between a rock and a hard place huh? I really do appreciate everyones help. God bless all of you.

1. a closed bank account is not considered an "open" account for debt SOL purposes. Check with your state AG or state regulatory agency that monitors consumer credit. 2. Your report indicates they ALREADY have a judgment against you. You've already been sued and either lost the case or they obtained a default judgment because you didn't show up. 3. In almost EVERY STATE the SOL for a money judgment is MUCH LONGER than it is for "normal" consumer debt. In NY, the SOL is consumer debt is 6 years, HOWEVER, the SOL for a money judgment is 20 YEARS. Again, check with your state regulatory agency for the SOL on a JUDICIAL MONEY JUDGMENT. Furhter, the money judgment can be renewed, extending the SOL for another 20 years. You need to approach the court and ask that the enforcement order and judgment be vacated.

No,the question of the Statute of Limitations has never come up, and I looked it up and you are absolutely right. Chase charged off and sold the account in May of 2000, and Asset Acceptance originally filed suit in October of 2004, 4 years and 5 months later. This is the best news I have had in a very long time. Thank you so much and God bless you.

Ohio only has a 4 year SOL on open accounts. You stated the debt was done in 1999, regardless of it's legality.

He told you to get a lawyer. If you have already done that and gone through the court system then you most likely out of luck. If you have not, and they DID use fraudulent documents to get a judgement, then get a lawyer and go back to court.

He told you to get a lawyer. If you have already done that and gone through the court system then you most likely out of luck. If you have not, and they DID use fraudulent documents to get a judgement, then get a lawyer and go back to court.

He told you to get a lawyer. If you have already done that and gone through the court system then you most likely out of luck. If you have not, and they DID use fraudulent documents to get a judgement, then get a lawyer and go back to court.

What I am trying to say is I have been to law enforcement, I have been through the court system, I have tried to get the judgment vacated, all have been a waste of time and I no longer have tiime to waste. What I am trying to say here is I can PROVE extremely illegal activity against one of the major banking systems in the United States of America and no one will listen. BTW, my profession, education, and piety have everything to do with this situation. I am a nurse which means I have dedicated my life to helping people. I have read of the terrible things that Chase and bill collectors have done to people and I need to stop these people from hurting others, I need to find a cure for a disease. I do not want to sue them, I want to stop them. My education means I am not stupid, I know exactly what they did, and I also know what a task I am taking on. My piety means that for the first twelve years of my education when I said the Pledge of Allegence, I meant it, 'one nation, under GOD, indevisible, with liberty and justice for all'. No one will get away with breaking GOD's law in my country and get away with it. You know, two of the big ones, 'thou shall not steal', and 'thou shall not bear false witness against thy neighbor'. You see I just cannot sit still and do nothing, if I did I could not live with myself, someday someone will listen. As I see it Robert, you have two options: 1) You can become part of the solution, or; 2) You can become part of the problem, because you see Robert, if you are not part of the solution, you are part of the problem. Good Luck to you also.

What I am trying to say is I have been to law enforcement, I have been through the court system, I have tried to get the judgment vacated, all have been a waste of time and I no longer have tiime to waste. What I am trying to say here is I can PROVE extremely illegal activity against one of the major banking systems in the United States of America and no one will listen. BTW, my profession, education, and piety have everything to do with this situation. I am a nurse which means I have dedicated my life to helping people. I have read of the terrible things that Chase and bill collectors have done to people and I need to stop these people from hurting others, I need to find a cure for a disease. I do not want to sue them, I want to stop them. My education means I am not stupid, I know exactly what they did, and I also know what a task I am taking on. My piety means that for the first twelve years of my education when I said the Pledge of Allegence, I meant it, 'one nation, under GOD, indevisible, with liberty and justice for all'. No one will get away with breaking GOD's law in my country and get away with it. You know, two of the big ones, 'thou shall not steal', and 'thou shall not bear false witness against thy neighbor'. You see I just cannot sit still and do nothing, if I did I could not live with myself, someday someone will listen. As I see it Robert, you have two options: 1) You can become part of the solution, or; 2) You can become part of the problem, because you see Robert, if you are not part of the solution, you are part of the problem. Good Luck to you also.

What I am trying to say is I have been to law enforcement, I have been through the court system, I have tried to get the judgment vacated, all have been a waste of time and I no longer have tiime to waste. What I am trying to say here is I can PROVE extremely illegal activity against one of the major banking systems in the United States of America and no one will listen. BTW, my profession, education, and piety have everything to do with this situation. I am a nurse which means I have dedicated my life to helping people. I have read of the terrible things that Chase and bill collectors have done to people and I need to stop these people from hurting others, I need to find a cure for a disease. I do not want to sue them, I want to stop them. My education means I am not stupid, I know exactly what they did, and I also know what a task I am taking on. My piety means that for the first twelve years of my education when I said the Pledge of Allegence, I meant it, 'one nation, under GOD, indevisible, with liberty and justice for all'. No one will get away with breaking GOD's law in my country and get away with it. You know, two of the big ones, 'thou shall not steal', and 'thou shall not bear false witness against thy neighbor'. You see I just cannot sit still and do nothing, if I did I could not live with myself, someday someone will listen. As I see it Robert, you have two options: 1) You can become part of the solution, or; 2) You can become part of the problem, because you see Robert, if you are not part of the solution, you are part of the problem. Good Luck to you also.

What I am trying to say is I have been to law enforcement, I have been through the court system, I have tried to get the judgment vacated, all have been a waste of time and I no longer have tiime to waste. What I am trying to say here is I can PROVE extremely illegal activity against one of the major banking systems in the United States of America and no one will listen. BTW, my profession, education, and piety have everything to do with this situation. I am a nurse which means I have dedicated my life to helping people. I have read of the terrible things that Chase and bill collectors have done to people and I need to stop these people from hurting others, I need to find a cure for a disease. I do not want to sue them, I want to stop them. My education means I am not stupid, I know exactly what they did, and I also know what a task I am taking on. My piety means that for the first twelve years of my education when I said the Pledge of Allegence, I meant it, 'one nation, under GOD, indevisible, with liberty and justice for all'. No one will get away with breaking GOD's law in my country and get away with it. You know, two of the big ones, 'thou shall not steal', and 'thou shall not bear false witness against thy neighbor'. You see I just cannot sit still and do nothing, if I did I could not live with myself, someday someone will listen. As I see it Robert, you have two options: 1) You can become part of the solution, or; 2) You can become part of the problem, because you see Robert, if you are not part of the solution, you are part of the problem. Good Luck to you also.

I see only 3 options for you. 1. Attempt to have the judgment vacated. File pro se if you won't use an attorney. 2. Pay it off. 3. Do nothing and wait for them to do other "nasty" stuff, such as requesting the court grant a lien against any personal property (car, boat, home) to satisfy the judgment. Your report and rebuttals makes no sense. You seem to realize that because, 3 days later you post your "I'm not crazy" rebuttal. The time to effectively fight this was almost nine years ago. As soon as you became aware of this "fraudulent" credit account, you should have filed a fraud report with law enforcement. BTW, your profession, education, and piety have NO BEARING on your situation whatsoever. Good luck.

First of all I understand what a judgment means, as the second attorney to represent us in court said, 'I cannot win here'. We reported these crimes to the court on three separate occasions. When I informed the judge that I wanted to go the police with this information, he became extremely angery and instructed me to go to the back of the room where I could hear nothing which was being said. When my husband just mentioned prosecution, I thought the jugde was going to have a CVA right there, I could actually see the blood vessels palpitating in his head. The meaning of a judgment in this case is just another crime which has been committed against us. As 18 U.S.C. 1001 clearly states, 'whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully-- (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.' Secondly, one wants to know how they did it. OK, on April 5, 1999, exactly one month to the day after closing the account, Bank One placed a $20.00 late fee on our checking account to make it appear as if it were in a negative balance, took a negative balance of $15.75 started a fraudulent credit card account, waited three months, and sent us a statement of this fraudulent account on which the $20 late fee was credited back as an automatic payment. FYI the balance due on this statement is $156.49. As for the savings account they just ate that up in fees. Oh and by the way I also have proof that Bank One absolutely did receive our notice of cancellation. I also showed this to one attorney and he said, 'If you know all that, what do you need me for?' I need another attorney like I need another hole in my head, what I need is justice. Competent attorney, is there such a thing? I would love to have proof of that.

Your report indicates that they have a judgment - meaning that the debt has been adjudicated as your debt. You leave a lot out. It's a large leap to go from closing accounts and opening a credit card account. Did they open this cc account and then put the $34.31 you were owed into it? It just doesn't make sense. You should contact a compentent attorney in your area. The first order of business would be to approach the court that granted the judgment and move to have the judgment vacated. This is assuming that you can PROVE everything in your report. IMO, you're gonna need a lawyer. I can't see you doing this pro se and winning. Too many i's have to be dotted and t's have to be crossed.

Your report indicates that they have a judgment - meaning that the debt has been adjudicated as your debt. You leave a lot out. It's a large leap to go from closing accounts and opening a credit card account. Did they open this cc account and then put the $34.31 you were owed into it? It just doesn't make sense. You should contact a compentent attorney in your area. The first order of business would be to approach the court that granted the judgment and move to have the judgment vacated. This is assuming that you can PROVE everything in your report. IMO, you're gonna need a lawyer. I can't see you doing this pro se and winning. Too many i's have to be dotted and t's have to be crossed.

Your report indicates that they have a judgment - meaning that the debt has been adjudicated as your debt. You leave a lot out. It's a large leap to go from closing accounts and opening a credit card account. Did they open this cc account and then put the $34.31 you were owed into it? It just doesn't make sense. You should contact a compentent attorney in your area. The first order of business would be to approach the court that granted the judgment and move to have the judgment vacated. This is assuming that you can PROVE everything in your report. IMO, you're gonna need a lawyer. I can't see you doing this pro se and winning. Too many i's have to be dotted and t's have to be crossed.

Your report indicates that they have a judgment - meaning that the debt has been adjudicated as your debt. You leave a lot out. It's a large leap to go from closing accounts and opening a credit card account. Did they open this cc account and then put the $34.31 you were owed into it? It just doesn't make sense. You should contact a compentent attorney in your area. The first order of business would be to approach the court that granted the judgment and move to have the judgment vacated. This is assuming that you can PROVE everything in your report. IMO, you're gonna need a lawyer. I can't see you doing this pro se and winning. Too many i's have to be dotted and t's have to be crossed.

I am a Registered Nurse, I graduated from college Summa c*m Laude, and a member of Phi Theta Kappa. However, most of all I am a Christian. I recently had to quit my job in order to take care of my aging parents. I can no longer afford for these people to steal from me. Will someone out there please help?