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Valued Member
Posts: 40
Registered: ‎03-06-2007
0

Summons from Asset Acceptance***HELP***

Hi All,

 

Got a situation I need help with. Recently I was served a summons from Asset Acceptance. I have searched through the forums and read some info posted here about them, but not really what I need help with-specifically. Here are a few things that may help you guys with your answers:

 

1. I am in the state of Texas

2. The debt is legit, from 2010, so still within SOL-total is $1,700 (for one, I have 2 but they havent served me for the other one-yet)

3. I do not remember them contacting me at all prior to this summons

 

My questions are:

 

1. Do I really need a lawyer?

2. Should I try to contact Asset's lawyer and do a settlement?

3. Is there any reason I should contact the court? If so, what would it be? (I've read where the court should be contacted, so I just want to get a good understanding why)

4. In the event of a settlement, what should I ask to be removed? The tradeline from Asset? (just want to get clarity)

5. In the event of a settlement, should I ask them to send a letter FIRST to me stating the settled amount BEFORE I make a payment? ( I heard they are shady)

6. In the event of a settlement, how do I pay them after I get the letter? Is the debit card safe? MO? I heard there should be proof, and the only form of proof is check or debit card?

7. Will they garnish my wages? Attack my bank account?

 

I can pay them in a sttlement, but I don't want them to garnish me or hit my bank accounts. ANY advice will help! Thanks guys!!

 

Senior Contributor
Posts: 3,477
Registered: ‎11-30-2007
0

Re: Summons from Asset Acceptance***HELP***

I would open another ck acct or pay them with a prepaid visa.  They may allow u to pay direct thru your bank.   There is also the option of a bank transfer, but that will cost 25-30 $

Valued Contributor
Posts: 1,228
Registered: ‎05-10-2012
0

Re: Summons from Asset Acceptance***HELP***

Guys correct me if I'm wrong, but a private CA won't be able to garnish based on the first judgement, correct?

 

I would definitely try to contact the CA prior to the court date, because they will almost definitely get a decision against you.

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New Contributor
Posts: 88
Registered: ‎11-16-2012
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Re: Summons from Asset Acceptance***HELP***

Anyone can garnish with a proper judgement, doesn't matter if its a first time or not. 

 

I would speak to a consumer attorney and tell him your situation. CA's do not have a good track record in court against any type of knowledgable attorney, and texas has some very good protections that are on your side...


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Valued Contributor
Posts: 1,228
Registered: ‎05-10-2012
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Re: Summons from Asset Acceptance***HELP***


tmobileguy wrote:

Anyone can garnish with a proper judgement, doesn't matter if its a first time or not. 

 

I would speak to a consumer attorney and tell him your situation. CA's do not have a good track record in court against any type of knowledgable attorney, and texas has some very good protections that are on your side...


good to know!

  • Current: EQ FICO 706, TU FICO 701, EX FICO 706 | Starting Score: 525 (05/2012)
  • Starting total revolving credit: $1100 | Current total revolving credit: $36,700
  • Inquiries (12 Months): EQ 2 TU 1 EX 1 | Most Recent: 1/21/2014
Chase Freedom $9500
DCU Visa $10000
Capital One QS $2000
AMEX BCE $3000
Lowe's CC $8500
WalMart CC $3100
BOA Platinum $600
AMEX Gold NPSL
Epic Contributor
Posts: 21,274
Registered: ‎03-19-2007
0

Re: Summons from Asset Acceptance***HELP***

No, a party cannot just garnish.

They need to go back to the judgment court and file a motion, accompanied by a showing that they have made attempts to collect the ordered payment, and the consumer has not complied.  The court may then isssue an order permitting them to do so.  The judgement is the initial order to pay, and failure to comply is not looked upon favorably by the court.

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