The General Denial is filed with the court, not the attorney. Very important...It really would be to your advantage to at least talk to an attorney.
In response to Luke, this credit card was originally called ADVANTA then it went to FLEET, THEN it went to the collection agency that I thought WAS Asset Acceptance Corp...arent THEY THE collection Agency? But it seems to me what your saying is that you have a collection agency FOR Asset contacting you? The summons I received was from ASSETS laywers... Michelle
Ok, so I file this with the court, however It states on the summons that i need to file my response with the plaintiffs attorney AND the Court...I am going to talk to a public attorney on thursday, but Im trying to get all my ducks in a row now Thanks again Michelle
As you originally said, you're scared, pregnant and stressed. I agree that an attorney is your best bet. With all the talented people that contribute to this forum, under other circumstances there's no doubt with their guidance you could deal with this yourself. In the meanwhile, unload your burden on the attorney knowing we're all pulling for you and wish you the best.
Re: Re: SCARED! Summons Served today! Who is This CA collecting for Asset Acceptance.? I didn't think one CA could collect for another CA?
Re: Re: SCARED! Summons Served today! If you g to my website, and scroll to the bottom, there is a link "How To Answer A Lawsuit". You can read through it to get the gist of what your lawyer needs to do, however, given your situation, he would be better to file for a pstponment and request discovery. Asset Acceptance is NOTORIOUS for almost NEVER having any documentation to back their claim, and in Fl., especially the W Coast they have latched on to some real sleazeball lawyers to file suit for them.They get default judgments from people who do not contest their filed suits, most of which are WAY beyond SOL. By the way, a prior poster on this thread referred to the SOL for contracts in Fl (5 years) a credit card is an open-ended account, and as such has a 4 year SOL, (which you may have actually passed)PLEASE look up your old records. When is the baby due?
Re: Re: SCARED! Summons Served today! General answer if you don't want to get into specifics.... "The Plaintiff is without knowledge or information sufficent to form a belief as to the truth of the allegations contained in the Defendant's complaint. On that basis the Plaintiff denies generally and specifically each and every allegation contained in the Defendant's complaint." Now as far as them getting a judgement against you and going after the money I have a couple of questions and my 2 cents.... Is this a joint account?? If not and it isn't in your husband's name, then they cannot garnish his wages because it isn't his debt. The only way this would apply is if you live in a community property state, meaning all the money and property is that of the marriage and is the debt of both husband and wife. If you have a joint bank account they cannot get a writ of gransihment to seize your bank account unless as stated above you live in a community property state. If you own much of nothing and you are the second income provider under florida law, you really have nothing for them to take except maybe in the future. Check and see if you live in a community property state. This info was given to me by my attorney.If you do live in a community property state, be careful about moving and closing accounts now that you are being sued. This could be considered contempt of court. If you have to slowly withdrawal your money and get a bank account far away from your location, like a bank online. I use Bank of America but there is no bank of america anywhere near where I live. They will do an asset search or they can examine you in court. Tac
Re: Re: Re: SCARED! Summons Served today! I have a CA collecting for a CA...although all's quiet on that front. Does that make them a 4th party debt collector? ~
Re: Re: Re: Re: SCARED! Summons Served today! You can call dog poop jasmine. Still smells like dog poop, although telling bottom feeders they smell like dog poop gives poop a bad name.
I haven't read all the answers to this thread, so forgive me if I am repeating anything others have said. My first post to this board was very similar to yours. I was overwhelmed with panic, fear and embarrasment! Tme to get past those feelings. They will not help! I was lucky enough to have been reminded that a friend of a friend is a credit attorney. 1) So, DO YOU KNOW ANY ATTORNEYS? Think hard and try hard to come up with one. Don't be embarrassed to call. Your story is nothing new to an attorney and they don't judge! 2) I wouldn't file a response myself. I was strongly consdiering it. Unless legaleze is your fist language it will look like a hack job. 3) FIND AN ATTORNEY OR PARALEGAL SERVICE TO WRITE YOUR RESPONSE! You want the response to look like you know what you are doing, or like you have an attorney so that the attorneys on the other side will take you seriously. If it looks like a hack job, they'll look forward to seeing you in court, as opposed to fearing it! I found a paralegal service that would have done it for $600. 4) An attorney will want to review EVERY letter you have received on the account to look for illegal activity by the collectors, so gather it all together and make notes of any conversations you may have had. If you have nothing, I understand... I threw it all away when my head was still in the sand. 5) Attorneys will come with things you will never think of because you don't know the system. Example: In our case, I just wanted to stall the attorneys. We were already planning on selling our house to relocate and were planning on paying off the debt with the equity. I told this to my attorney friend and instead of filing a response he scheduled a Demurrer hearing and filed a Demurrer pleading. Basically what the pleading did was state that the creditor did not include a copy of the contract, cited a bunch of cases that showed that they needed to and asked the judge to throw out the case based on the above. It worked beautifully! Stalled the case and caused the attorneys to negotiate. 6) Be aware, that once that case was filed the attorneys are playing hard ball. They will not negotiate easily. I would call them and find out what they are willing to do in return for payment! In our case they wanted about $7,000 on a $5,00 bill. They would "let" me make payments of $600/month with a "stipulated judgement," which would kick in if we were so much as one day late. I declined their offer stating that I would file bankruptsy. That didn't phase them for a moment! Maybe the attorneys in your case will be more magnanomous that those in mine! 7) GET AN ATTORNEY! GET AN ATTORNEY! GET AN ATTORNEY! If you can't tell, I think you need to get an attorney. It won't cost as much as you think and they can call and negotiate for you! 8) Be careful what strategy you post on this board... you never know who is reading it... it is not private... save strategy discussions for your attorney! Hope this helps! Jim
Might be wise to get knowledgable on the FDCPA as well. You would be surprised at the attorneys that are not super familiar with it...it wouldn't hurt if you can point out possible illegalities. http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Sorry, something comments I forgot... The other side is in a strong position, so they won't be very "helpful" until you show they that their position isn't as much as a slam dunk as they think it is. In our case we gave up on full deletion from CRAs and settled for CO Settled. They simply would not talk about anything more. Unfortunately our attorney would not get involved on a level beyond anonomously writing the Demurrer b/c he does work for the creditor (AMEX), so I had to handle the final negotiations. Maybe you will have more luck in this area if you have an attorney who will negotiate for you. Expect the attorneys on the other side to be tough and don't sign anything you can't live with, or you'll end up with a judgement!
Beneflake (sp) made a good point. I know someone (not me!) who has been sued several times and the paperwork filed with the courts always had original documentation included. Does your papers from the courts include any copies of original paperwork? Also, someone made the comment that this is probably illegally reaged so they can sue you. I agree. Asset Acceptance is good for illegally reaging accounts. Find that paperwork! I would also immediately send a letter of validation to Asset Acceptance Corporation, CRRR. How can they sue you if they cannot validate? They must have received the original paperwork from the original creditor. If not, where are they getting their dates from? Thin air more than likely. Also, how did you pay your bill? Was it by check? Look back at your bank statements. This will also help you to determine the REAL date of last activity. ALSO, I came across this in my HUGE pile of papers and thought it might help. I printed this information on 09/19/02 from Http://forum.creditcourt.com/discus/messages/346/356.html. 15 USC 1637 "(b) Statement required with each billing cycle The creditor of any account under an open end consumer credit plan shall transmit to the obligor, for each billing cycle at the end of which there is an outstanding balance in that account or with respect to which a finance charge is imposed, a statement setting forth each of the following items to the extent applicable: (1) The outstanding balance in the account at the beginning of the statement period. ... (3) The total amount credited to the accounting during the period. (4) The amount of any finance charge added to the account during the period, itemized to show the amounts, if any, due to the applicaton of percentage rates and the amount, if any, imposed as a minimum or fixed charge. ..." Have you been receiving statements all these years? Doubt it! Hope this helps.
Im really overwelmed with all this information however it has been extremly helpful. I cant afford and attorney..however I am going Thursday morning to talk with a paralegal service that is free downtown...its the best I can do and afford. Hopefully they will be able to help me out. Unfortunatly I have ZERO bills from the original creditor or any paper trails of paid bills. I do have the letters from Asset which is just two...and something else happened today that was quite peculiar...I received a phone call from Asset? They have NEVER called before? I was afraid to talk to them since I dont know what to say or not say....Should I call them back? Since this case has already gone as far as it has, would there even be a chance that I could arrange for payments? If not, then why are they calling me and not the attorneys that are handling this case for them? I would like to call there attorneys as one user suggested, however....what do I say? Just tell them what I can do and see if they would accept it? Im just afraid I might say something I shouldnt....I guess the paralegal will help with this situation on whether I should or shouldnt call. Another bit of information: Asset stated in the papers that I was servied, that the last payment on the account was 7/99, which serves as "last activity" that alot of you were asking me about...considering the SOL? Well, when I stopped and thought about it, there was NO WAY there was ANY payments in July of 99...Number one I was in Wisconsin withe a sick family member for almost 3 weeks AND I had just found out I was pregnant with my 3 year old son....this account hasnt been paid or had activity way before 7/99? I do have a Credit check I had done, probably a year ago, that Im still looking for..I know I have it, just need to find it...would that help in showing when the last activity REALLY was? and not just when ASset says it was? My plan is this: Get all my paperwork together I can possibly find reguarding this, go the paralegal on Thursday, have them help me with this response I need to send and hope for the best. I have to file this with the court and the attorneys according to the summons I received. Bottom line...I dont have the money to pay in full, however I want to do this all the right way....I have never had to deal with a lawyer or attorney and it scares me to death, but he consiquences that I may face if I dont are quite worse. Thanks again EVERYONE! Your information has been PRICELESS! Michelle ( by the way, if I chose to call and lawyer...and have them call and possibly write these letters, does anyone have any idea how much this costs?....We are just BARELY making ends meet, I cant imagine creating another huge bill)
Re: Re: SCARED! Summons Served today! I have CBNA (Credit Bureau of N. America) sending collection letters for Asset Accept for a FUSA card. It's over $5000 and this has me a bit worried now, although I still have 3 years for SOL. (CBNA contacted me in Jan. and I sent my standard 'sorry, we're living in poverty' letter. The TL used to show unable to locate consumer, now it's updated as found consumer and so far, that's all I've heard since. (The poverty part is true and they have nothing to gain by suing, I hope they aren't stupid.))
........................... And don't forget, about the USC 1637 regarding interest charges on this account. If you didn't get statemens EACH month, they cannot charge you interest! Good luck with the paralegal. Keep us posted.
No, I have not received a statement on this account in years...I did dig up and FIND the CR from Experian, Equifax, and Transunion... #1 They summons states only my husbands name they are suing, however the credit reports list it as a joint account with me? Is this right? #2 Exper. lists this account under FLEET CC openened 6/96 charged off as bad debt 2/2000.Purchased by another lender Nothing as to last activity. #3 Equif. list this account twice, once under ASSET, and states this: Customer unable to locate consumer Date of last activity 8/99 and thats it! Then once under FLEET CC..Account transferred or sold, THEN Charged off and last activity as 4/99. #4 Transunion lists the account as FLEET Purchased by another lender, account closed 2/2000, charged off as bad debt. I cant find ANY statements or checkbooks that show when I last paid them...isnt there a way I could get this from the CC company? I know it was WAY PAST 1999. But what would I really benefit from if they are wrong with date they gave me of 7/99 being the last date of activity? And AGAIN..THANK YOU THANK YOU THANK YOU!!!!
No, I have not received a statement on this account in years...I did dig up and FIND the CR from Experian, Equifax, and Transunion... #1 They summons states only my husbands name they are suing, however the credit reports list it as a joint account with me? Is this right? #2 Exper. lists this account under FLEET CC openened 6/96 charged off as bad debt 2/2000.Purchased by another lender Nothing as to last activity. #3 Equif. list this account twice, once under ASSET, and states this: Customer unable to locate consumer Date of last activity 8/99 and thats it! Then once under FLEET CC..Account transferred or sold, THEN Charged off and last activity as 4/99. #4 Transunion lists the account as FLEET Purchased by another lender, account closed 2/2000, charged off as bad debt. I cant find ANY statements or checkbooks that show when I last paid them...isnt there a way I could get this from the CC company? I know it was WAY PAST 1999. But what would I really benefit from if they are wrong with date they gave me of 7/99 being the last date of activity? And AGAIN..THANK YOU THANK YOU THANK YOU!!!!
Re: Re: SCARED! Summons Served today! Does Fleet show the charge off as 4/99 or the DLA as 4/99. Maybe you could contact Fleet and they will tell you the exact date that you made the last payment on your account. Then again, Fleet might not deal with you. The reason I asked about the statements from Fleet or Asset is that the USC 1637 (I posted it earlier) states that if they didn't send you statements they can't charge you interest. So, this shouldn't be a $13,000 debt because they cannot charge the interest over the years. Anyone else have ideas?
Do not call them, do not try to "negotiate" Have the paralegal file an answer denying all claims and requesting proof of the account,including copy of signed application. WHO is being sued? Are both you and your husband named in the suit? If it WAS a joint account and they are only suing you,they haven't a CLUE, much less any documentation. DO NOT let anyone talk you nto ANY "negotiation" with these crooks. They will TRY to get you to agree to a "negotiated settlement" and then file the judgment ANYWAY. You are better off fighting them,and winning. Some day, when you have the funds to spare, you can take some $$ and give it to a charitable cause in the name of Fleet Bank and A$$inine Acceptance.
