Hello, I am so upset and scared right now I can barely type! I was served papers today from ASSET ACCEPTANCE LLC, who has aquired an old debt from Fleet Credit Card. It was for about $8000.00 however over the years with interest at 20% and Im sure other fees, its now up to $13000.00 This account was charged off in 12/2000 and was purchased by this Asset Acceptance Company in 10/2001 ( this is per all the info in the papers I was served. I have 20 calendar days to respond with a written response to the court and to the Plaintiffs Attorney of which there address, name and phone number is provided. Needless to say I dont have $13000.00 to send them..big surprise! However I would like to make payments and dont want them to garnish any wages...WHAT DO I DO NOW? What type of letter should I send to the court and the attorney? I just want to make sure I do the right thing here and say the right thing....I am not disputing the debt, it is valid, however at this point I just want to make payments and avoid anything further. And, what type of things can they garnish or take? We have no savings, a small 401K, and a truck that we owe about $8000.00 thats a 1999? Can they take these things? What about my house? I am so scared and on top of this Im pregnant, so I dont need this stress! If ANYONE could give me any advise as to what I can do or should do I would be SO GREATFULL! I am just sick that we just chose to ignore this debt, instead of being responsible adults and dealing with it years ago! Again, any assistance would be greatly appreciated! HELP! Michelle
Now is a good time to practice Lamaze. Breath in --breathe out. 1. What state are you in? 2. What is the date of last activity on this account. That is the last time this account was past due and never brought the account current. Hopefully that info is in your papers.
Thanks so much for the bit of "laughter" you just gave me, "Lamaze" is definetly a good suggestion. I am in the state of Florida...and as far as the last activity this is what the last page says: Purchase Date: 10/02/01 Principle Amount 8100.61 Interest Due: 4966.84 Interest Rate: 20% Date of Charge Off 2/22/00 Date of Last Payment: 7/04/99 It also says under General Allegations this" From 6/25/96 to 2/22/00 Defendent used Defendant's Fleet Credit to purchase goods and services. Plus all the other "Mumbo-jumbo" about Breach of Contract, Complaint, Allegations etc. I hope this has helps and THANK YOU SO MUCH for responding so quickly! Bless you! Michelle
First, you need to start drafting your summons answer. I am sure some of the more eloquent writers on the board can help with that if you can tell us why the account went in to default.
Thanks so much, I would appreciate that..basically the account went in to default because of medical bills and loss of hours..no other excuses, just couldnt pay...and unfortunatly chose to ignore the debt instead of dealing with it..( wrong thing to do, I know!) Thanks again Michelle
Calm down Michelle, BREATHE!!! You're not the first person who's been through this around here. We always get through it. Welcome to the board. (This is gonna be a busy thread)
Thank you Marci and Butch! I feel like my heart rate is now at a "Non- Marathon Runner" level! Thanks everyone! I am awaiting all the helpful info! Michelle
Whychat's site shows 4 yr SOL. Thats why they have filed, time was almost up. Garnishment says see Fed law except 100% Head of Household. I'm not sure what that means.
Here's the debtor's rights for FL. http://www.flabar.org/tfbtemplates....14e6210c7536af9d85256b2f006c54ed?OpenDocument
Thanks I just finished reading that information. However what does this mean? "Through a process called execution a creditor can collect money owed under a judgment. The judgment creditor pays a bond to the local sheriff to seize personal property owned by a judgment debtor so that it can be auctioned and the proceeds applied to pay the judgment." Does that mean ONLY if the debt owed is like from a Vehicle or Home that they can come and take it? Since this is credit card debt and not actual property can they still come and take like my truck or home? Next Question: Does the following mean, that my personal property is only protected or exempt from them taking up to $1000.00? "The Florida Constitution gives you the right to exempt up to $1,000 in personal property from confiscation by a creditor. Unless the judgment creditor has a lien or security interest in this property, this constitutional exemption allows you to protect up to $1,000 worth of your property from execution or attachment." Next Question: Does this mean since my husband is the head of the household and the only income that if he makes less than $500 a week they cant garnish his wages? He makes $16.29 an hour and his bring home pay every two weeks is sometimes $1300.00 if he has overtime, if not its around $1000 some times a little under. So if it is over $1000.00 can they just take whats over what they alow? Or can they take it all? So what Im saying if he makes more than the $500 weekly, say $600 can they take all of it, or just $100?And does this mean he has to AGREE TO IT IN WRITING before they can do this? Im also understanding that if he files that he is head of household and the only income with the court , he is exempt from ALL garnishments? And the max they can take is 25% right? "Wages of the head of a family are exempt from garnishment unless the person's net wages are more than $500 per week and the person has agreed in writing to allow wages to be taken to pay the debt. A head of family includes all persons who reside in Florida and who provide more than one-half of the support for a child or other dependent. Wages in a bank account that belong to a head of family retain their protection from being seized for six months even if the wages are mixed with money from other sources. If a head of family had not agreed in writing to allow the garnishment or attachment of wages, all the wages are exempt. You must file an affidavit with the court to declare your head of family status and protect your wages from being taken.Persons who do not qualify as head of family will still have the protection of federal law which limits the amount of wages that can be garnished. If you take home less than 30 times the minimum wage per week, all of your wages are exempt. Otherwise, a judgment creditor can obtain 25 percent of your net wages under a continuing writ of garnishment until the judgment is paid in full." I know this is alot to ask, and after reading the info that I was just sent reguarding Debtors rights in Florida, it sounds as though I have no options, and they perhaps I better talk to a counselor of some sort, some legal help. thanks again to all of your for you suggestions and information Michelle
You need to file an answer denying their claim. You say their claim shows your last payment to te original creditor was in July 1999, however, that MAY NOT be accurate. Sometmes, when an account is being charged off they "backdate" a credit to the account of interest they are not allowed to charge. You need to look up your own records and bills, if you have them, and see when YOU last paid on the account to the original creditor. You probably DO need a lawyer to help you, if you go to my website, linked below, you will find the NACA site. Asset Acceptance has a reputation for folding fast when someone fights back in Court. UNDER NO circumstances, should you admit the validity of the debt to ANYONE. As to Fl. protection if they DO get a judgment.There is TOTAL homestead exemption in Fl.so they can't touch your home. Presuming you are the only signer on the account,none of your joint assets can be liened, your husband's wages couldn't be garnished anyway, as he is presumably "head of household"(contributing over 50% of household income). if you are working outside the home, your pay may be garnished IF they win and IF you are earning more than $250. a week TAKE HOME PAY.
Michelle: Here's what you do (posted by an ex-bill collector): 1: File a "General Denial" as an answer to the summons. 2: Realize that the Statute of limitations on written contract debts in Florida is 5 years. If it has been more than 5 years since your last payment then you can interpose SOL as a defense. I don't see it in your case, but the General denial will force the atorney to handle your case as a single case instead of one og 100 default judgements he gets ata time. This will drive the creditor's costs up. The higher you drive their costs, the more they will be agreeable to a settlement. 3: Since your husband's paycheck is the sole income in the hoiusehold, by FL law he cannot be garnished. FL only allows the "secondary" paycheck, meaning the second, smaller one, to be garnished. 4 Realize that unless you have a collection of gold coins, Dutch masters Paintings, Louis XIV furniture or antique cars, there is nothing inside your house that the sheriff will take to pay a judgement. If worst comes to worst and the Sheriff does come, as soon as the sheriff touches something just say "oh, that belongs to my aunt Sadie, I'm holding it for her while she's in Europe". The sheriff can't btake anything where you are not the owner, and except for cars, boats, airplanes and real estate, ownership of most things is not registered anywhere. 5: Move your bank accounts to a bank far away. Paypal has a combination Money Market/Bill Pay service that's free. Creditors can't touch it because they can't find it. Paypal even has a debit card to get funds out in cash from local ATM's.
I have a question about Asset Acceptance. They purchased my Fleet cc account as well but they are not currently on my credit report. Did they ever report on your credit report? I still have the fleet charge off showing though. I also have a collection agency for asset acceptance trying to collect the dept on their behalf. The ca is not reporting either. did you get anyone else but fleet on your credit? Thanks Luke
Ok.. the information has been wonderful and Im starting to see some light...I would like to draft this letter today and send off tomorrow however this "General Denial" letter that IM to send, does anyone have a general templete or example as to what I should or shouldnt say? I want this to sound proffesional and not like I dont know what Im talking about ( which by the way I DONT!) thanks Again for all the help! Michelle
