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  #1  
Old 05-27-2008, 09:00 PM
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Join Date: Mar 2005
Posts: 8
Angry

Gym contract from 14 years ago


What is the name of your state? Colorado

Hello,

I thought I was long through with this case but it's come back through Asset Acceptance.

back when I was 16 I signed up (without parents consent) for a ballys gym membership, I cancelled it about a year later.

Then was contacted by Ballys about some cancelation fee, I told them I was under 18 at the time and they just asked for a copy of my birth certificate and they accepted that and said I was clear. About a year ago I got a call from Asset Acceptance hitting me up for $1700! for a Bally's collection that they bought the debt from. I told them this account was taken care of years ago, the guy told me to "just pay your bills!" then hungup on me.

Well today I get a letter from them in the mail asking for the $1762 now. I called them and told them this is not a valid collection, he asked if I admitted this was my debt and I said no, If I send the cease and desist letter can this be over with or should I even do that? The statute of limitations in Colorado is 6 years if I remember right, can they try to sue me or anything else?

edit: Maybe a debt validation letter should be my first move?

Last edited by laustimus; 05-27-2008 at 10:18 PM.
  #2  
Old 05-28-2008, 01:37 PM
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Join Date: Jan 2005
Posts: 2,336
Assuming you have no intent to pay the debt, go ahead and send a cease and desist.

They may or may not stop contacting you. They may or may not sue you. They may sell the debt to someone else.

But, most likely this will be the last you hear.

Never ever ignore any court summons or complaint. SOL is merely an affirmative defense to the lawsuit. If you are sued, you must file an answer and assert your SOL defense. The judge will dismiss the case.
  #3  
Old 05-28-2008, 01:43 PM
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Join Date: Jan 2005
Posts: 799
I just got done dealing with Asset Acceptance and actually, they had to pay me damages for violations of the fdcpa. I am sure this is probably past the statute of limitations. Send the letter and forget it. They buy old debts and them try to bully you into paying,
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  #4  
Old 05-28-2008, 08:06 PM
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Join Date: Mar 2005
Posts: 8
Thumbs up

Sounds good thanks to both of you!

I feel pretty dumb and wish I knew what I know now from reading through these forums, last year the guy from asset acceptance told me I was making an illegal statement by saying I was too young to be bound to a contract when this all started... I didn't know they were not allowed to do that.

I will send the letter then and now be better prepared for if this kind of thing ever happens again.

Thanks again!

Laust
  #5  
Old 05-31-2008, 08:00 PM
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Join Date: Jan 2008
Posts: 25

Great - Asset Acceptance - How Many Others?


I am trying to get my Mother's financials in order - Have received several collection letters from debt in 2001 - 2003 for credit cards she used for my Dad's medical expenses that didn't get paid (prostate cancer - shot $1200 - ) She's now 81 and we knew nothing about it, and she doesn't remember....

There's a few really ridiculous "named" collection places - offering a settlement......"and pick a reward prize......" there's a radio**************.....some CD player**************..what is up with that. Also my divorced brother has a few remaining things on his credit report - debts that were to be settled as part of the divorce agreement - looks like they came off her report, but not is. Now that we are contacting them, they have no idea about most of the pertinent information. Of course, the ex....isn't exactly jumping to find the receipts - so should I really deal with these companies - or how can I find out the truth about the debt? Thanks.
  #6  
Old 06-01-2008, 06:45 PM
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Join Date: Jan 2005
Posts: 2,336
You have a better chance of getting an answer if you will start a new thread. It is impolite to hijack the thread of someone else. Also, it gets confusing when there is more than one conversation taking place.
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