Anyone Familar with Asset Acceptance?

[nojusticehere]

Ok, I received a notice in the mail today from Asset Acceptance. They are saying that I owe 387.00 for a JCP account. I'm not sure what this is. The last time I had a JCP account was in 1997. To be honest, I can't remember if I paid this or not, or even if it's mine, and it's not listed on my Credit Report. I called them, and of course they tried to play hard ball. I told them they would have to verify the debt as mine, etc, but that also the SOL had expired if it were even mine He got nasty and started yelling at me, telling me "I'll explain the SOL to you and that we can take you to court, etc." Of course then I got nasty, etc. He tried to trick me into saying that the debt was mine, of course I stated to him that I never said it was mine, but that he needed to verify. etc. What the heck is this about? Anyway, I'm due to see a couple of BK atty's tomorrow, should I bring this to him also?

[Minnymouth]

Just take it with you and be sure its listed with your other creditors on the list...... should solve the problem...

NO BIGGIY...............

[CPO]

Ok, I received a notice in the mail today from Asset Acceptance. They are saying that I owe 387.00 for a JCP account. I'm not sure what this is. The last time I had a JCP account was in 1997. To be honest, I can't remember if I paid this or not, or even if it's mine, and it's not listed on my Credit Report. I called them, and of course they tried to play hard ball. I told them they would have to verify the debt as mine, etc, but that also the SOL had expired if it were even mine He got nasty and started yelling at me, telling me "I'll explain the SOL to you and that we can take you to court, etc." Of course then I got nasty, etc. He tried to trick me into saying that the debt was mine, of course I stated to him that I never said it was mine, but that he needed to verify. etc. What the heck is this about? Anyway, I'm due to see a couple of BK atty's tomorrow, should I bring this to him also?

Be carefull. These guys are real creepy, and well known for violating every law on the books.

I would research and determine if you can phone record in your state. If available, I would record any and all conversations with these creeps.

If you can't record, or if you must inform them that you are recording, take detailed notes if they will still talk to you.

See: http://www.debtconsolidationcare.com...about3349.html

Also see:http://www.budhibbs.com/debtcollecto...tance_corp.htm

I don't endorse any website, but the contact info is good. AA was one of my collectors.

Then I'd do a good debt validation letter. They may just go away with that, otherwise they probably won't validate properly and give you some worthless letter from somebody claiming to be an attorney in the hopes you'll just pay up.

These *******s do that all the time and failure to properly validate gives you an affirmitive defense in court should they try and sue before you file BK.

Research debt validation, making sure you understand what is required under the FDCPA for validation to occur.

Tell your perspective attorneys that you have been contacted by "third party collectors." They may have good advice.

You can cut 'n paste this, but make sure it meets your needs.

Your name)
(Your address

Collection company name
Company address

(Date)

Re: Acct# 00000000

To whom it may concern:


This letter is being sent to you in response to a notice sent to me on March 8th, 2050. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

1. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment if applicable
5. Identify the original creditor
6. Prove the Statute of Limitations has not expired on this account
7. Show me that you are licensed to collect in my state
8. Provide me with your license numbers and Registered Agent

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit Bureaus (Equifax, Experion or TransUnion) this action might constitute fraud under both federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you for the following:

1. Violation of the Fair Credit Reporting Act-reporting inaccurate information
2. Violation of the Fair Debt Collection Practices Act-continuing collection activity on a debt which has not been validated

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing of any information to credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

REQUEST FOR CEASE AND DESIST OF CONTACT BY YOUR OFFICE: I would also like to request, in writing, no further contact, either in writing or telephone be made by your office to my home or to my place of employment, unless it is to provide validation or release of liability of the debt. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with third parties, it will be considered harassment and I will have no choice but to file suit.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.

Thank you,

Signature
Printed name

[nojusticehere]

CPO, omg, they are terrible. Thank you for the info. I'll take with me to the atty tomorrow.

[treehugger1]

I've been going back and forth through the mail with a collection office regarding a debt. I sent a validation letter and they responded with a faxed copy of a letter sent to the original creditor where they had the original creditor INITIAL that the amounts they have been asked to collect on are indeed the correct amounts! This is not validation in any courtroom I have heard of. My second letter does nothing more than re-state my original requests for validation and advise them they are in violation of the FDCPA. In addition, they are not registered in my state. I am now sending a copy of all communications to the state attorney general's office. So, far I've been very careful to give no idication the debt is mine, or even hint that the amount listed is incorrect. If there is anyway, get them to communicate with you only in writing. You can amass all kinds of stupid crap on them.

Eventually, they can sue you in your district or state court, but you can bet that if they are coming from out-of-town, they know they need to have all their ducks in a row.

It is my understanding that you have the right to ask that they obtain a copy of the original contract signed by you. That can be a real tough one as if the account is quite old, who knows where the original contract is? Use CPO's letter. Make sue you state that you want all telephone comunication ended. State that they are not allowed to discuss the debt with anyone but you under the FDCPA. Make them send you written information. This can be a real pain for big collection outfits, as they have a difficult time preparing individual responses. They generally just have form letters. Your legal rights really screw up their system LOL.

[nojusticehere]

Lets just say this debt is mine (although I'm not sure it is), but if it's from 97-98, isn't the SOL expired? I live in Florida and it's been 9-10 years now. That would keep them from actually persuing this in court? right? The debt is so minimal, it would seem like a waste of their time, court costs, etc.

[CPO]

Lets just say this debt is mine (although I'm not sure it is), but if it's from 97-98, isn't the SOL expired? I live in Florida and it's been 9-10 years now. That would keep them from actually persuing this in court? right? The debt is so minimal, it would seem like a waste of their time, court costs, etc.

You need to research this to your satisfaction but I Google'd abit and it looks like the SOL for Florida is 4 years on open ended cc accounts, which I assume JCP is.

If this is correct, then it is way past the SOL....which is calculated from the last activity of the account (your last payment, negotiation etc etc).

If you have made payment anytime after that, to any collection agency, the original creditor etc. then it's reaged at that date.

Now, you have to be very careful here. Collection agencies are known for buying very old debt, running your credit report to investigate the debt ie "permissable purpose," then reaging the debt from that point and calling it valid.

The reality is that while the statute of limitations is running or even after it's expired, making ANY payment or signing a promissory note can reset or restart (depends on your state law) the statute of limitations. Always ensure the debt is valid. Check Florida's laws to see if the debt has a statute of limitations BEFORE taking any other action such as making a payment or signing an agreement to make payments.

The reset is for actions that YOU take, not the actions the creditor or collector takes.

This is a very popular, and probably illegal activity for dirt bag zombie collectors to perform in the hope that ignorant debtors will just pay.

They can try to collect, but your defense of SOL stops them in their tracks, as long as its valid.

These cretins will violate every law on the books, they suck sooooo bad.

You need to research this carefully. Pull your credit reports, look for AA's inquiry, send the "validation" letter modified as you wish via certified return receipt and study what has transpired. Study that SOL verbage.

If they don't validate, can't validate or refuse to validate watch your reports. They will try to leave the inquiry on them and then sell the debt in their portfolio to other zombie collectors and they will never leave you alone.

They either validate, or remove the inquiries. There is no "permissable purpose" on a debt they know is past the SOL. If the inquiry is left behind, when they sell the debt they will argue that the debt was legally reaged..get it?

Then sell the debt to their creepy friends down the block. Then the friends start calling you.

All of this is governed by the FDCPA. Each violation is $1000.00.

These bastards are sneaking...and you gotta use a hammer on them to get them to go away.

By the way, the SOL for reporting credit and collecting on debts is different, so just be aware of that.

You may look into a naca attorney if this gets out of hand...www.naca.net or www.legalhelpers.com has a FDCPA attorney too.

Good luck to you. Study the available laws and this site. Get comfortable with the can's and cant's of debt collection because you have just started and there's bound to be more of this in your near future.

CPO

[CPO]

Florida Statutes of Limitation

Contract or written instrument and for mortgage foreclosure: 5 years. F.S. 95.11.

Libel, slander, or unpaid wages: 2 years.

Judgments: 20 years total and to be a lien on any real property, it has to be re-recorded for a second time at 10 years.

The limitations period begins from the date the last element of the cause of action occurred, (95.051). NOTE: The limitation period is tolled (stopped) for any period during which the debtor is absent from the state and each time a voluntary payment is made on a debt arising from a written instrument.

Almost all other actions fall under the 4-year catch-all limitations period, (F.S. 95.11(3)(p)).


CPO