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Strange Letter from Asset Acceptance Recovery Services, LLC

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LLMT
Regular Contributor

Strange Letter from Asset Acceptance Recovery Services, LLC

I have a collection account serviced by Asset Acceptance Recovery Services, LLC and today I got the strangest letter. The original creditor was a jewelry store and the original default was in 2000. I lost my job and stopped paying on my account and began paying again to Asset Acceptance from late 2000-2002. I thought it was paid or they stopped taking the ACH payments out, but anyway I stopped paying them at that point. I usually get a letter from them once a year with a settlement offer. The last few years, the settlement offers have included language saying that the debt was outside the statue of limitations and they would not pursue legal action. This year's letter is a 30% off offer to settle A JUDGEMENT that they claim took place 10/15/08. I have searched my state's public records and there is nothing under my name (and all various misspellings). I have also been actively tracking my credit and enrolled in trials of both Identity Guard and Equifax Total, both of which feature public records searches, and nada. I have lived at the same address since 2003 and have held the same job since 2007 and this is the first time I have heard of this (including years worth of settlement offers from this CA).

 

What is the deal? Is it possible that this is a flat-out lie/scam attempt to get me to pay? Is it possible I really have some sort of judgement against me that I can't find records of anywhere? What steps do I take?

 

Thanks in advance for any and all advice!

Note: The amount of the "judgement" is $4612.12. The original debt was $900 and it was paid down to approximately $600 before I lost my job and then there were nearly  2 years worth of $50/monthly payments paid after default. The normal settlement offers are for about $400 total mentioning a current balance of around $900ish.

Message 1 of 6
5 REPLIES 5
babyeyes00
Regular Contributor

Re: Strange Letter from Asset Acceptance Recovery Services, LLC

I have dealt with Asset before.  They are snakes.  I would check the SOL.  But in my opinion, I would send a cease and decist letter.  I dont think that you owe them anything and they are using illegal tactics to get you to pay. 

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Message 2 of 6
guiness56
Epic Contributor

Re: Strange Letter from Asset Acceptance Recovery Services, LLC

I would send them a DV and specifically ask for a copy of the judgment.  If they got a default outside of SOL you would be able to have it vacated.

Message 3 of 6
LLMT
Regular Contributor

Re: Strange Letter from Asset Acceptance Recovery Services, LLC

Will do! But should I be concerned that there is actually a judgement out there? Why would they never have mentioned it in any of the other settlement letters in the past five years? Why wouldn't they have attempted to garnish my wages or anything in all this time?

 

Uh and I just found this information as well...

 

Per the Pennsylvania legal code, the Pennsylvania statute of limitations on the collection of a judgment is four years. That means that unless further civil action is taken to collect on the judgment within a four year time frame, the plaintiff will lose the legal standing necessary to collect on the judgment. Granted, it is not impossible to have the statute of limitations extended (tolled) by court decree although such instances are rare. To ascertain whether or not an action to toll the statute of limitations on the collection of a judgment, it is best to discuss the specifics of the case with your attorney.

Message 4 of 6
guiness56
Epic Contributor

Re: Strange Letter from Asset Acceptance Recovery Services, LLC

Not too sure.  But when you DV them and there is a judgment, they are supposed to furnish that to you.  Either way, if they respond you will find out.

 

If there isn't, they have committed a violation.

 

That would mean the judgment was no longer collectable in 2012.  If there is one in the first place.

 

SOL in PA for a CC debt is 4 years, which means if there is one, it was filed 4 years outside SOL.

 

Message 5 of 6
LLMT
Regular Contributor

Re: Strange Letter from Asset Acceptance Recovery Services, LLC

Okay, I am going to send a DV and ask for a copy of the judgement as well. I am pretty sure that I need to file some sort of complaint about this if it comes up unsubstantiated! I don't understand why the judgement wouldn't show up anywhere if there was one? I have only ever lived in PA and do not move frequently.

Message 6 of 6
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