Judgement

[preciousjoys]

Has anyone had a judgement brought against them by Asset Acceptance?

[sharpie]

I have.  And it was right up there with the top 100 dumb things I ever did.  They will work with you, make settlement agreements, make payment plans, even after the judgement.  But if you never respond they will eventually use their garnishment rights.

That was my experience anyway.  IF I had it to do again, I would have never skipped the payments with the OC.  Or at least would have worked with AA.

[preciousjoys]

I wish I could pay the OC but, they are not on my report and when I call they have no record of my social.  AAC has not sued me yet and hopefully never will, but I am still waiting for them to validate.  Seems like it would be hard considering the OC has no record of me.  I don't mind paying the settlement, but if they can't prove it then they should delete.

[boireann]

Asset has been trying to get me to pay a bill that isn't mine as well.  I've proved it with the supposed original creditor on multiple occasions. .  They can't find my SSN either.    I've even gotten them to send me written confirmation that I'm not and have never been a customer and the supposed account number isn't even legitimate. 

From what I've been reading on line about these guys is they have a history of suing people for accosts that are not theirs.  So people ignore their letters because it's not your bill.  They didn't DV them within 30 days so they take you to court over it saying that the person validated the that it's a legit debt by NOT DV'g them.  They then don't show up, because it's not their bill, so Asset wins a default against you.  Total Fraud!

So don't ignore them.  You've DV'd them.  You've called the company they list as the OC and they never had you as a customer.  Total scam.  Send them a cease and desist letter and send copies all your documentation off to your state attorney general.  And keep your documentation.  I bet these guys sell the fraudulent accounts on to another bottom feeder CA.

[RobertEG]

I guess I am confused.

No orginal creditor or collection agency can independently post a legal judgment against you. Period.

Judgments are only rendered by signed court order, after the paries have filed motions and pleadings with the court, and have had their day in the court, and trial was conducted, and the judge rendered legal judgment.

If anyone offers to you a represetation, without court order, that a judgment has been rendered,. and no court order exists, that is a serious violation, in the least, of FDCPA 807(9).

[RobertEG]

if any court pleading by a CA asserts that failure of a consumer to have previously DVd the debt under FDCPA 809(b) is an admission of debt, simply cite the following:

FDCPA 809(c)

"The failure of a consumer to dispute the validity of a debt under this section may not be construded by any court as an admission of liability by the consumer."

[bruiseviolet]

Yes unfortunately i can asnwer this thread with a yes.  =(  It was for a Capital One credit card I had when I was younger, and in my stupidity thought taking cash advances was the same as using the card- so in a pinch for rent money- i lived off cash advanced for about 6 months- only to lose my job and realize that the interest rate for cash advances was something insane (it was like 25-30%)  Needless to say a caard with a $3000 limit- turned into a $6200 debt.  I did what I always did at that point in my life- ignored the letters and eventually it was sold to asset acceptance- who then eventually sent me a summons.  Still being immature and stupid, and not wanting to deal with my problems, since I didnt have the money to pay, I didn't show up to court so automatic judgement.  Now I have lawyer fees etc...  My taxes are garnished every year- so if I ever get a refund- I never do it all goes to them.  So horrible.  Now I'm straightening my financial life around so I can provide a home for my family and this judgement is a huge scarlet letter on my credit report and I am working hard to get it fixed, as well as about 30 other trade lines showing bad on there. LOL