[jtbmi]

i havent been here in a while, i have some reading to do on here about asset acceptance..they have bought a old credit card balance, then sent my account to a lawfirm here in michigan which i live in, who came to my home and told my roomate that they had some papers from asset acceptance, a debt collector.. the following week i got a phone call sayin that im being sued for the money, they have a case number, but ive recieved no papers, in mail or in person.. is this possible? i called them, they said that i have can break the payments, which i cant afford, and pay on nov 30 and december 30..lastly, i got a letter from asset acceptance saying the i can break the payments way down and pay monthly for like a year.. i got that letter 4 days after i called their lawyers, which they in turn told me that letter was void, since im now dealing with them... ugggh...any help while i do some reading on this site would help... oh i also got a letter from a attorney saying that i can hire them to help with my case.. this was unsolicited from me by the way..

thanks

justin

[Cada]

Hi Justin,

I moved your post to an area dedicated to Asset Acceptance so it might get more exposure.

Try contacting Bud Hibbs at assistance@budhibbs.com, he may be able to offer you some advice in dealing with Asset.

[Linx04]

jtbmi, on 29 November 2011 - 10:34 PM, said:

i havent been here in a while, i have some reading to do on here about asset acceptance..they have bought a old credit card balance, then sent my account to a lawfirm here in michigan which i live in, who came to my home and told my roomate that they had some papers from asset acceptance, a debt collector.. the following week i got a phone call sayin that im being sued for the money, they have a case number, but ive recieved no papers, in mail or in person.. is this possible? i called them, they said that i have can break the payments, which i cant afford, and pay on nov 30 and december 30..lastly, i got a letter from asset acceptance saying the i can break the payments way down and pay monthly for like a year.. i got that letter 4 days after i called their lawyers, which they in turn told me that letter was void, since im now dealing with them... ugggh...any help while i do some reading on this site would help... oh i also got a letter from a attorney saying that i can hire them to help with my case.. this was unsolicited from me by the way..

thanks

justin

Who is the lawfirm?

How old is the debt?

what type of CC was it?

Is this the first you have heard from them?

[jtbmi]

thanks for the response...

the debt is at least 5 yrs old...could be little longer, i havent got any credit card bills from that far back..

the credit card was a credit one bank

the law firm representing asset acceptance is fulton, friedman and gullace

they came to my home and told my roomate that they were there with some papers from assett acceptance, a debt collector.. i had a phone message from them, which after reading here, i was dumb to erase it, and today i got a letter in the mail saying they are representing asset acceptance from here on out and i have 30 days to respond..

Linx04, on 30 November 2011 - 11:10 AM, said:

Who is the lawfirm?

How old is the debt?

what type of CC was it?

Is this the first you have heard from them?

[jtbmi]

oh and the lawyer that wrote me saying that he will defend me since i have a case against me already in 51st district court is nick balberman... this was unsolicited.. i have never heard of him let alone spoke to him

[Linx04]

jtbmi, on 30 November 2011 - 08:25 PM, said:

thanks for the response...

the debt is at least 5 yrs old...could be little longer, i havent got any credit card bills from that far back..

the credit card was a credit one bank

the law firm representing asset acceptance is fulton, friedman and gullace

they came to my home and told my roomate that they were there with some papers from assett acceptance, a debt collector.. i had a phone message from them, which after reading here, i was dumb to erase it, and today i got a letter in the mail saying they are representing asset acceptance from here on out and i have 30 days to respond..

fulton, friedman and gullace where are they at in MI?


What is the DOFD on your credit reports from Credit One if this is reporting?

[jtbmi]

not sure what is a dofd?

the address for that law firm is po box 2123 warren michigan and assets acceptance is po box 2036 in warren too...

Linx04, on 01 December 2011 - 12:07 PM, said:

fulton, friedman and gullace where are they at in MI?


What is the DOFD on your credit reports from Credit One if this is reporting?

[Cada]

DOFD = Date of first default

In other words, the first date Credit One started entering on your credit reports the account was defaulted on and payments were no longer being made.

Hypothetically, if payment was due on November 1st (which would be the default date), Credit One would report it as being 30-days late on December 1st. The credit report would probably show 30-60-90-120-days late. After 120-days they may have decided the debt was noncollectable and charged it off.

EDITED FOR CLARITY

[jtbmi]

not sure the exact date, i am sure its been at least 5 yrs.. if that means anything...also the lawfirm called today, left a message on machine to call them.. this time my caller id put them as vitelity, LLC



still not a letter of any kind stating a court case...

Cada, on 01 December 2011 - 09:54 PM, said:

DOFD = Date of first default

In other words, the first date Credit One started entering on your credit reports the account was defaulted on and payments were no longer being made.

Hypothetically, if payment was due on November 1st (which would be the default date), Credit One would report it as being 30-days late on December 1st. The credit report would probably show 30-60-90-120-days late. After 120-days they may have decided the debt was noncollectable and charged it off.

EDITED FOR CLARITY

[Cada]

The DOFD is important because MI's SOL is 6-years. Is it possible the alleged debt is beyond SOL? Have you asked or sent a letter via cmrrr requesting validation and complete accounting of the alleged debt? You may also want to get a consultation with an atty familiar with MI's collection laws to discuss your options.

[mercyrainz]

jtbmi, on 30 November 2011 - 08:28 PM, said:

oh and the lawyer that wrote me saying that he will defend me since i have a case against me already in 51st district court is nick balberman... this was unsolicited.. i have never heard of him let alone spoke to him

I have a very similar situation as Justin, except that I got served a Summons and Complaint. When I tried to call Asset Acceptance about this debt (from Credit One Bank) I got transferred around a bunch and eventually talked to someone at Fulton Friedman & Gullace who said that they were representing Asset Acceptance. The thing I don't get is that Fulton Friedman & Gullace is not named anywhere on the Summons and Complaint. Only Asset Acceptance is named as the Plaintiff. The account number that FF& G has for my account is different than the account number on the Summons and Complaint (listed at the bottom left hand corner). I talked to this lady at FF & G about a possible settlement and she indicated to me that any payments I would make would be paid to FF & G. I am a little bit concerned about this when there are different account numbers being used and so on. How do I know that FF & G is authorized to act on behalf of Asset Acceptance? Or that FF & G is authorized to accept payments on behalf of Asset Acceptance?

Also, there is no court date listed; only an issued date and a date of when the summons expires. I got busy and forgot about filing a response and so I guess it is too late for me to do that now since it is past 21 days since I was served with the Summons and Complaint. It really bugs me to find out that Asset Acceptance buys junk debts and can then turn around and collect the monies plus some that the original creditor got to write off on their taxes. I can see the government wanting me to pay taxes on the charged off amounts, but wanting me to pay taxes on the charged off amounts which are considered income to me PLUS allowing junk debt collectors to then sue me to collect the same money that I just paid taxes on as income makes no sense whatsoever. This causes me to be penalized unfairly over and over again.

Anyway, I also thought it interesting that I, too, received a letter in the mail from Attorney Nick Balberman stating that there was a lawsuit filed in the 51st District Court against me and that he would be happy to represent me in this matter. I got his letter practically the same day or maybe a day or so later than when I got served the Summons and Complaint. I wonder how he got that information? I went on Court Explorer and didn't find anything under my name, so how did this attorney get that information? It makes me wonder if this Balberman attorney is in cahoots with Fulton Friedman & Gullace. I wouldn't be the least bit surprised to find out that this is the case.

[Linx04]

First look who signed at the bottom of the Complaint and there should be a P number there. That is the lawyers bar number and you can verify that with the Michigan Bar Association. Second, there will not be a court date yet. Depending on which kangaroo Michigan court you are in, once you file an Answer and Affirmative Defenses, then it goes to a pretrial conference to discuss discovery and the like. STILL FILE YOU ANSWER NOW NOW NOW

[Massive]

mercyrainz, on 28 December 2011 - 02:53 AM, said:

I have a very similar situation as Justin, except that I got served a Summons and Complaint. When I tried to call Asset Acceptance about this debt (from Credit One Bank) I got transferred around a bunch and eventually talked to someone at Fulton Friedman & Gullace who said that they were representing Asset Acceptance. The thing I don't get is that Fulton Friedman & Gullace is not named anywhere on the Summons and Complaint. Only Asset Acceptance is named as the Plaintiff. The account number that FF& G has for my account is different than the account number on the Summons and Complaint (listed at the bottom left hand corner). I talked to this lady at FF & G about a possible settlement and she indicated to me that any payments I would make would be paid to FF & G. I am a little bit concerned about this when there are different account numbers being used and so on. How do I know that FF & G is authorized to act on behalf of Asset Acceptance? Or that FF & G is authorized to accept payments on behalf of Asset Acceptance?

Not to be a smart ass but you should have demanded evidence that FF & G is authorized to act on behalf of Asset Acceptance when you first received a dunning letter. I don't do business with debt collectors over the phone either. I only demand authenticated evidence that the debtor owes the debt, that the original creditor is owed the debt, and that whatever law firm is allegedly representing the junk debt buyer or original creditor is authorized by them to do so. Of course I demand authenticated evidence that whatever entity is harassing me OWNS THE ALLEGED DEBT!! There is no need to ever pay a junk debt buyer a penny, let alone thousands of dollars because they simply have no authenticated evidence that they own ANY debt.

[Massive]

jtbmi, on 29 November 2011 - 10:34 PM, said:

i havent been here in a while, i have some reading to do on here about asset acceptance..they have bought a old credit card balance, then sent my account to a lawfirm here in michigan which i live in, who came to my home and told my roomate that they had some papers from asset acceptance, a debt collector.. the following week i got a phone call sayin that im being sued for the money, they have a case number, but ive recieved no papers, in mail or in person.. is this possible? i called them, they said that i have can break the payments, which i cant afford, and pay on nov 30 and december 30..lastly, i got a letter from asset acceptance saying the i can break the payments way down and pay monthly for like a year.. i got that letter 4 days after i called their lawyers, which they in turn told me that letter was void, since im now dealing with them... ugggh...any help while i do some reading on this site would help... oh i also got a letter from a attorney saying that i can hire them to help with my case.. this was unsolicited from me by the way..

thanks

justin

Any update on your situation??

[jtbmi]

i have yet to hear from them again... i only hope i dont.. from the stories i have heard they are some rotton people.

Massive, on 02 February 2012 - 05:26 PM, said:

Any update on your situation??

[Massive]

jtbmi, on 02 February 2012 - 10:22 PM, said:

i have yet to hear from them again... i only hope i dont.. from the stories i have heard they are some rotton people.

It's been a while, is there any way that you could check the court docket and see if a lawsuit was even filed against you??
Let me know!! Thanks in advance.

[jtbmi]

got a letter in the mail saying that the court case has been dismissed.. i had no idea i really had one.. all they said was in a letter a few months ago that i had a court case #.. i got a document from the court as well as one from the lawfirm saying it was dismissed..this is all very strange to me...

Massive, on 02 February 2012 - 11:16 PM, said:

It's been a while, is there any way that you could check the court docket and see if a lawsuit was even filed against you??
Let me know!! Thanks in advance.

[Massive]

jtbmi, on 14 February 2012 - 11:05 AM, said:

got a letter in the mail saying that the court case has been dismissed.. i had no idea i really had one.. all they said was in a letter a few months ago that i had a court case #.. i got a document from the court as well as one from the lawfirm saying it was dismissed..this is all very strange to me...

Dismissed with prejudice or without prejudice, what does the document from the court say? Thanks in advance!! I am all for informing consumers that there is no way a junk debt buyer should ever receive any money after an alleged account has for all intents and purposes been terminated. An original creditor takes a profit and loss write off on its corporate taxes and also receives bad debt insurance payments, it thus certifies to the IRS the alleged debt as being worthless. Terminated accounts are bundled up in a large portfolio and sold for pennies on the dollar to junk debt buyers, hence, these ridiculous documents known as a "bill of sale" citing a huge portfolio of accounts, (but not your specific name or account number or current balance or amount of consideration paid by the junk debt buyer) which are entered in court files across the country as "evidence" of "debt" as these junk debt buyers attempt to collect the "face value" of the already terminated accounts. Man with securitization of credit card accounts since the 1990's, how many times do these "original creditors" need to be paid. It boggles my mind that we see credit card lawsuits initiated in the name of the original creditor as Plaintiff. Those credit default swaps were insured also. Getting back to your junk debt buyer case that was dismissed, get back to us if you are ever harassed again over this alleged debt.

[jtbmi]

a;; the document says is dismissed... does not have any check marks where it says prejudice or without prejudice.. as i said i got a copy from the lawfirm and also the court both through the mail

Massive, on 14 February 2012 - 02:50 PM, said:

Dismissed with prejudice or without prejudice, what does the document from the court say? Thanks in advance!! I am all for informing consumers that there is no way a junk debt buyer should ever receive any money after an alleged account has for all intents and purposes been terminated. An original creditor takes a profit and loss write off on its corporate taxes and also receives bad debt insurance payments, it thus certifies to the IRS the alleged debt as being worthless. Terminated accounts are bundled up in a large portfolio and sold for pennies on the dollar to junk debt buyers, hence, these ridiculous documents known as a "bill of sale" citing a huge portfolio of accounts, (but not your specific name or account number or current balance or amount of consideration paid by the junk debt buyer) which are entered in court files across the country as "evidence" of "debt" as these junk debt buyers attempt to collect the "face value" of the already terminated accounts. Man with securitization of credit card accounts since the 1990's, how many times do these "original creditors" need to be paid. It boggles my mind that we see credit card lawsuits initiated in the name of the original creditor as Plaintiff. Those credit default swaps were insured also. Getting back to your junk debt buyer case that was dismissed, get back to us if you are ever harassed again over this alleged debt.

[monk]

[quote name= I wouldn't be the least bit surprised to find out that this is the case.
[/quote]
I wouldn't be surprised in the least. One firm sues you and the other is suppose to defend you loses your case . they both win