please help, court date is friday

[dudley]

What is the name of your state? michigan What is the name of your state? Michigan I have been paying on a debt from asset acceptance. They garnished my credit union account as well as my dads that my name was on ($4000). I was not aware that I had more than one account that I had paying on until may when I called after the garnishment. I sent them a copy of the sample letter for the statues of limitations and the representative called me. I had faxed her that I needed some information, she told me today that she refused to send me dates of phone calls and notes (which proves that I didn’t know about these accounts) she said she is not legally obligated to do that. After I requested a statement on my account, I received one where the 20 dollars I send every month has been applied to all three accounts, at different times. I have never written any account numbers on the checks I sent, THEY did that because I assumed they had one account and would credit the only one I thought I had. This rep refuses to send me a copy of the “agreement” (that keeps changing) or any information in writing. Should or can I subpoena her or what can I do? I cant have my dad lose $4000 because of me. And if he can prove I have never used his account, would that make a difference in court if I lost. Please help, I cant afford an attorney.What is the name of your state?

 

[Ladynred]

Ok, if they seized your bank account and your father's bank account because your name was on it, they ASSet has a judgment against you already, no other way they could sieze those accounts.

So, when were you sued the FIRST time ?
Can you/your father produce PROOF that you made NO deposits to his account ? If you can, then you/your father needs to appeal that bank levy ASAP and show that proof. Then get your name off that account.

ASSet can only collect on ONE judgment, they are not allowed to lump payments on a judgment with other debts they may have of yours.

W/o knowing ALL the facts, its impossible to know what your best course of action is.

 

[dudley]

judgement

Yes i had a judgement ( was sued) in december 2004 for the wachovia account. apparently asset acceptance says i have two more, first card and target. i only knew about one and had been making the payments as scheduled. i dont know why they garnished my account other than they said it was because i didnt pay those other two accounts they claim i owe. can they get a judgement against me without my knowlenge or appearance in court? Yes my dad can prove that i never used his account, what is a levy? And my name is off everyones accounts that they were on. i did not receive a notice to appear in court or anything for the first card and target account, those are the ones that i sent the SOL letter to. asset acceptance applied my 20 dollar a month payments toward one account on 1-6-06,8-30-05. 1-7-05 etc. then applied payments to another account on 4-26-06, 3-20-06 10-26-05, etc. then the third account has scattered dates as well. it was like whoever was the first to get the mail got to apply the amount to whatever they wanted.

 

[Ladynred]

Ok, the FIRST thing you MUST do is call the courthouse and find out if there is actually more than one judgment against you. If NOT, then ASSet can NOT just apply your judgment payments to other COLLECTIONS they may have. Nor can they do so if they had more than one judgment, they MUST be separated.

A bank levy -- is the "garnishment" they put on your accounts.

 

[dudley]

judgement

In order for them to receive a judgement against me, dont I have to be served to appear in court? i was ordered to appear in court once then received a judgement for the wachovia account.

 

[Ladynred]

You would have to be served, yes, but handing it directly to you is not the onky legal form of service of process. You MUST call the courthouse and get a copy of the judgment case file for ANY judgments against you. In it will be, or should be, a proof of service that will tell you when, where, how, and to whom the summons was served.

ASSet is notorious for bogus service and by that I mean deliberately serving people at old, old addresses or even bogus ones. If you find that this is what they did, then you MAY have grounds to appeal the judgment.

 

[dudley]

Court records

I had time to call the court house, asset acceptance only has ONE judgement that I am going to stop by and get a copy of on my way to work. You are a God send for sure and i thank you very much for taking the time to help me. I will probably think of another question tomorrow as i panic when the court date gets closer, but, thanks to you, I can at least get a good nights sleep tonight that I have been unable to do since this all started. Thank you once again. Dawn

 

[dudley]

SOL letter

ok now that I sent that SOL letter about target and first card to them, is there something that they need to do so I can stop worrying that they will ignore it and continue to hound me? (I told you that I would think of something else

 

[TigerD]

ok now that I sent that SOL letter about target and first card to them, is there something that they need to do so I can stop worrying that they will ignore it and continue to hound me? (I told you that I would think of something else

If payments were appied to those accounts, it isn't going to stop the collections. The SOL was restarted when the payment posted.

DC

 

[Ladynred]

I had time to call the court house, asset acceptance only has ONE judgement that I am going to stop by and get a copy of on my way to work.

ONE judgment, yet you say ASSet was applying your payments on THAT judgment to OTHER debts AND they nailed your bank account for those other accounts ?? They can NOT do that, that is completely over the line. They can collect in the judgment. They can collect on your other accounts, but they must keep them SEPARATE from the judgment !!

You need to be 100% certain that that is what they've done. If they did, get a lawyer.