ASSET ACCEPTANCE CAN KISS MY ASS!!!! I paid these pricks off on oct 1, and I pull my reports today and I see judgments on my reports for oct 5th. I knew that they wanted to goto court, and the date was set, but I paid them off to avoid this... I have a letter from them that was faxed to me and I also have the confirmation numbers from my credit card charges.... what do I do? HOW do I get these removed? Do I approach asset acceptance or do I have to go through a lawyer? HELP PLEASE!!
You can get the judgment vacated, no worries Asset most likely dropped the ball and someone did not bother getting the paperwork back from the courts. They won by default since obviously you did not bother to show up since you thought it was handled. I had kind of a similar thing happen to me as well. I went to the lawyer who had filed it and raised some cane and they sent the paperwork in and got in vacated. If you don't want to go that route, which is the easiest btw, this link helped me as well since I wasn't sure if the lawyer would help me get it off. http://www.creditinfocenter.com/legal/VacatingJudgments.shtml
I would, you held up your end of the deal. I would just stay nice and calm and explain what happened and ask that they get it vacated since it looked like someone dropped the ball on their end. It sounds like you have enough proof to convince them to do it, but I am not sure of the recourse you could take if they don't. I was lucky, I had someone who listened to the problem then admitted to me they made a mistake and then followed through. But, either way it is done, you will be able to get it off which in the end is all that matters.
how many days to I have before I have to respond when being served? It was Filed August 6th I didn't recieve till about Sept 20th per the date stamp on the mail I paid on Oct 1st per conversation with lawyer... The judgment was entered on Sept 30th... What are my options? Can I sue?
Well, here is what I did... Talked to a lady in the court house... asked her what day was the judgement? she said Oct 5th What day did I pay? oct 1st!!!!! WHOOO HOOO!!! AA lied to me!!! They said it was put through on sept 30th!! These rat bastards thought they were talking to an idiot! So this is what I did... I faxed over my info to the legal dept with proof that I did my deal before the judgment, then I talked to a supervisor and told him that I would sue him for 2 violations... 1 for equifax and 1 for transunion (because of the judgement showing on each bureau) The sections I used from the FCRA document were section 616 section 1(A) willfully failing to comply (I get $1000 per violation) and section 623 1(A) for reporting information with actual knowledge of errors ( I sent them proof of error) So my question now is.... How much time do I have to give them to change reporting before I can sue? What about showing a paid collection on my report? They are still reporting past due... can I do anything? AA are real RAT BASTARDS!!! I HATE THEM! If they weren't such A=holes, I would have paid this debt off years ago...
called up Asset Acceptance this morning and told them that I would sue them if they continue to post innacurate information my my bureaus. They vacated the judgment and it will be gone within a couple days, however, this morning I had an alert generated by equifax that stated that asset had changed something, and when I looked, it was a balance adjustment of 10 dollars. (lower) So I talked to the supervisor, and told him if it wasn't fixed, I would sue for 4000 which was alot more the the 1000 bucks they got outta me.... should I sue anyway?
I suppose you need to decide if the time and effort is worth it. In my case, I just wanted the erroneous judgment off and then I moved on. Not sure about the paid collections part, you might be able to use their violations as leverage and get them removed. Just FYI for you too, have them send you a copy of the papers they sent the courts. Make sure it says 'dismissed with prejudice' so they can't come after you again. Timeline wise, it took about 2 weeks for it to come off between mailing time, when the judge saw it and the results being posted online at the county court site.
Just recieved letter to vacate Need opinion on documents recived from asset acceptance...... please help!!!! Dear Mr. Mongrol, It is our desire to vacate the judgment entered against you in this matter. Toward that end I havee prepare the enclosed Consent Order. Please review, sign and send back in the enclosed envelope. Once I recive your signed copy I will send it in to the court and the judgment will be vacated. I appreciate your cooperation. If you have any question please call. Very truly yours. Asset Acceptance <b>2ND PAGE </b> CONSENT ORDER Consent order vacating judgement and dismissing case This matter being opened to the court by "lawyer name" attorney for the plaintiff Asset Acceptance LLC, with the full authorization, agreement and consent of the defendant, and good cause shown; It is on this ________ day of _______2004; Ordered that the judgment against the defendant is hereby vacated and the matter shall be and is hereby dismissed ________________ J.S.C I hereby authorzie, agree and consent to the form and entry of this Order __________________ Mr. Mongrol I hereby authorize, agree and consent to the form and entry of this Order __________________ Attoryney for Asset Acceptance LLC Dated *****
Just recieved letter to vacate Forget the FCRA stuff you need to focus your attention on FDCPA matters. Remember unfair and deceptive practices? You could go after AA and their attorney since they both are considered debt collectors. Tell them you also want a DELETION from your credit reports as well.
Just recieved letter to vacate based on what? The only evidence I have is incorrect balances... the judgement that was posted on my reports which they are removing...ect
