Received Letter

What is the name of your state? KY I received the answer to the letter,I had sent back to the law office,saying that i wanted to know who? Asset Acceptance LLC Was I knew of not such people,and it is for a old credit card whitch we had in 1991 and haven't used or had since,can someone please tell me what i should do next,we live on disable social security.and we haven't heard a word from this in 1992,can someone pleas help.thank you
star424

[Jeter]

Please write that again with some sort of syntax. That would be helpful.

[Ladynred]

ASSet Acceptance is notorious for hassling people for old, old debts that have long past the statute of limitations (SOL). If the last time you PAID on this old account was before 1998, then the SOL has expired and you have a way to make them stop harrassing you and to stop them cold if they sue you. The SOL in KY for credit cards is 5 years.

If the SOL has expired, as I expect it likely has, then you only need to send these bozos a cease and desist letter telling them never to bother you again as the debt is time-barred.

You must watch out for these clowns, they are nasty and sneaky about suing for time-barred debts by sending summonses to ancient or made-up addresses and getting default judgments.

[adevine]

If someone got a judgement in that manner, what is their recourse?

Thanks ladynred,acc had turn it over to a lawer office,a legal assistant employed by the law firm who's firm has been hired to collect,they said i had made last payment in 1994,i had lost my job,before this,i never heard anything about this till 09/04/03. what should i do next? thank you for being niceand helpfull.
star424

If someone got a judgement in that manner, what is their recourse?

I would be interested in an answer for this also. I have seen summons placed in the local papers. My guess is that the summoned never see it.

What would the argument be? Improper service? What if they sent it to an old address and then claimed that it was the most current info they had?

Thanks,

MPA

[Ladynred]

There are several ways to attack ASSet and their illegal lawsuits.
- you can challenge the judgment based on improper service. This can be difficult to prove, but its possible. There's also the time limit to appeal a judgment, some states have a 6 month limit, others go up to a year.

- you can appeal the judgment on some other grounds (if you're within the limit to appeal.

In some recent ASSet scam cases, the person was receiving collection letters and calls at his CURRENT address, but ASSet sued him using a 15-yr old address !! This is fairly clear abuse of process - done deliberately to get a default judgment when the guy has PROOF they know his current address.

If you pull your credit reports and find an inquiry from ASSet, then they damn well DO have your current address is your address is current in your reports. There is no way they could then claim they didn't know your current address for service of process.

IF the last payment was made in 1994, then the SOL has expired in every state. One needs to send an cease and desist/notificaton of SOL letter. Then you just have to watch them like a hawk to be sure they don't try to sneak in a lawsuit.

[JETX]

"If someone got a judgement in that manner, what is their recourse?"
*** Though I normally resist answering questions that hijack someone elses post, it is possible that the original writer could be impacted by this issue.

Therefore:
If you receive a notice that a judgment has been rendered against you and you believe you were not notified, the first thing you need to do is to ask the claimant..... what court, where and what is the case number. With that information, you can contact the claimed court and get a copy of the 'notice of service'. This document is the record of the 'service' (notice) that was made in the lawsuit. Once you know the facts of the service, you may then need to review the state civil procedures to see if the claimed 'service' was in compliance with the laws (note: most jurisdictions provide alternate methods of service when the defendant (you) cannot be found or served). If the service was not done in accordance with the required procedures, you can then file a "Motion to Dismiss" (or Vacate or Set Aside) the judgment. The court will then set a hearing and you must appear and present your evidence on why the service was NOT valid. If the court agrees, they can vacate the judgment.

Thanks for the replies Ladynred and Jetx...

I didn't think the question was a hijack, as you said Jetx, it was related to the original post.

Thanks again,

MPA