Topic: Asset Acceptance = Dirty Company

[KFMAN]

I did read them, but they also include that they can sue where the contract was signed.  That was TN (but not in the county where my parents live).  That's what I was worried about. 

WHO is THEY?

I sent a DV letter to AA with an address update.  I told them they should continue collection activity in CA. 

Now should I also send a letter to the attorney letting them know that AA has the correct address or should I just wait until the scheduled court date since I won't be able to be served? 

ETA:  The new DV letter does include the election of arbitration clause?  Does that also not apply to this case since I haven't been served yet?  I would think so.  Copies have been sent FAX, email, and will go certified mail rr tomorrow.

[KFMAN]

1692-i-Legal Actions

§1692i(a)(2)- Brought any legal action in a location other than where contract signed or where consumer resides


Have to be the later part and if it's a JDB, I would read Chain of Custody.

[fedup1101]

By they I was speaking of the FDCPA.  Because it said you can be sued where the contract was signed or where you live. 

[fedup1101]

If you are able to have an Attorney who knows Consumer Law represent you. I would go with that.

The important thing is knowing the Law and how the Company violated it.

 In my opinion trying to figure out why the server is doing what he is doing is a waste of time. Stick with what you know the facts to be. Tell the Attorney everything you know. You can assist with your case.

A lawyer isn't really an option because of funds.  It would be a worst case scenario for sure. 

I understand the law ok.  I understand they need to sue where I live OR where the contract was signed.  The account was secured when I was in college so it was not signed in my parents' town, but that was at the time my permanent address. 

Legal aid in CA told me I could potentially have to appear in TN because of the last one.  She suggested I not contact the attorney because they may try to serve me in CA for the TN case.  That really freaked me out. 

But now I'm thinking I should send the attorney for Asset a copy of the letter I sent Asset along with info that they now know where to find me and they were instructed to proceed in my state and not TN. 

The address AA was given is a PO box.  I never get mail at my home because I don't want people to know where I live. 

Does anyone know if Chase contracts are under DE law?  I can turn change of venue if it does since the SOL there is also 3 years.  That is if I have to proceed in TN since the contract was signed there. 

[fedup1101]

One thing to check is if the courthouse where they did file has an online submission area. Here in AZ the court has a website you can file papers through, thus making it so you don't have to actually show up in person, and in your case, TN.

Along with everything else suggested above, I would be trying to see their court documents online, start preparing an response and have it ready so that if/when they do catch up to you, you can simply send off your response. I know if you are out of state here in AZ, you get extra days to respond as well.

This may just be different because it's TN, but how come there is already a court date? Here in AZ, you get a summons, have X # of days to file your answer THEN a court date is set. Have they already done something to try to show you failed to "answer" and get the court date set?

Okay just to clarify on this:

1.  This is a small rural court.  The docket isn't even online. 
2.  Tennessee court proceedings do not allow you to file anything before the first court case.  You just show up on that day and deny or settle.  Filing answers and such beforehand does not skirt your responsibility of showing up on the scheduled date.  They just stamp things and put them in your file but you have to be there physically on your day (even if it's only to get a new court date) or else you get a judgment. 
3.  If you can't be there, the court will not reschedule unless you were served too close to the trial date (less than a week).  In order to reschedule you have to call the attorney.  And since my dad got a DJ because an attorney told him he rescheduled and did not, I am very hesitant of this. 


Since my DV letter included election of arb, I would think that if they refile after this case that I have them on a violation.  If I'm not served before June 6, they must refile the case.  They can't get an extension.  It is dismissed and they have to refile.  Am I right on that? 

Basically my issue is I can't be in TN June 6 and the best way I see of making sure I don't have to be is not being served and then letting them mess up.  If they try to refile with election of arb, I will then sue FDCPA (even if I have to in TN) and get them that way. 

[KNINE]

Why do the Job for them?  They are trying to get some kind of default Judgement but I think they still need to serve. What happens if your in another Country?

[fedup1101]

I agree that the goal is to get a default judgment.  And I know nothing can happen if I'm not served.  I just have to make sure I can't be served.  I do believe if the service isn't done by the court date (June 6), that they have to go through the whole process again.  Now that the company officially knows I don't live in TN, if they go ahead it is a violation right?  They also know I've elected arb.  3 letters prove that (email, fax, and written crr). 

The whole reason I didn't call the lawyer is that I don't want to do the job for them.  I did give the company my current address but I did that to give myself more ammunition in case they continue to violate.  I would like the process server to leave my parents alone.  He knows I don't live there.  That's the only reason I considered telling them.  My parents don't need to be in the middle of this. 

I'm thinking once Asset realizes they've up that they'll just sell the debt.  They know SOL is over in CA and they know I'm in CA.  I don't think any court will make a disabled person without transportation come to a rural area 3000 miles away to defend herself regardless of where the contract was signed.  Asset knows all of this.  Now let's just see what they do next.  Do you all think they'll sell it? 

[KNINE]

As long as the Process Server is on the up and up, but that's another thing you don't have any control over.

I would not put it past this Company to do whatever it takes.

I have heard some places now require Process Severs to use GPS. Which helps stop Sewer Service.

[nobk4me]

Yes, Chase uses Delaware law, where SOL is three years.

[HeadsUp]

The reason I was hesitant on #2 is that legal aid here in CA told me they could serve me on this in CA to appear in a TN court.  There is absolutely no way I can defend myself in a rural TN court.  Even getting to the courthouse would be a challenge because I can't drive (and the courthouse is in a rural area without even so much as a taxi).  My parents work so that's not an option. 

 

The odds of them hiring a rural attorney to come after you are at remote at best. 

Sending a DV letter by certified mail, telling them your correct address and that the statute of limitations has expired in your current state of residence, and electing arbitration would make it impossible for them to later say that they didn't know, in case you later need to make a motion to vacate a judgment.

[jacko]

Almost two years ago, I moved from a state with a 6 yr sol to one with a 4 yr sol.   Beginning this August through March of next year, my CC debt will have hit the 4 yr mark from last payment.  Does that mean that the 4 yr SOL will apply considering my various CC defaulted in another state?

[fedup1101]

Just wanted to update you guys.  I decided to send the DV letter with my new address and election of arbitration.  I sent it to AA via fax, email, and certified mail return receipt just to cover all my bases.  I got no response to fax or email, but I'm sure I have a green card in my mail box or will soon. 

In the DV letter, I did not mention a lawsuit.  I simply said I'd pulled my CR (no lie) and that I saw their entry.  I told them this was the first I had heard of them and I disputed the debt.  I also elected arbitration in all 3 letters.  A copy was sent to the attorney's office as well as the person who handles TN accounts.  I basically told them they needed to stop collection in that state and move it to where I live now. 

I did not mention the SOL because I didn't want them to press on with the lawsuit in the other state (since they technically can since the debt was incurred there although not in the county where they filed suit).  I will mention the SOL eventually but only if they try to come after me in my new state.  I just didn't think it was smart to give them incentive to continue on with a lawsuit. 

Yesterday I called the courthouse where the suit was filed and asked them the status.  They said service was returned not found.  That is a good sign because now he'll stop hounding my parents (for now).  They also said the court date was canceled because the service was not successful.  But here's my area of concern.  They said the complaint remained open and they could try to serve again or in another way.  They have not refiled but they could until the case expires. 

My question now is with the company and the attorney both having the DV letter with arbitration election, is it not a FDCPA violation if they try to litigate again?  And is even keeping the complaint open a violation with the arb election and wrong venue? 

Basically I'm thinking of getting together an intent to sue so I can get this thing off my CR.  I have them on a couple of violations involving SOL and improper venue.  My goal here is not the money per se.  It's getting the TL stricken and zeroing out the balance so it can't be re-sold.  I'm not looking for a JDB ATM.  I'm looking for this all to be over. 

My thought is AA will sell it to someone else and I have to start over again.  They know I'm a student of credit and they don't like those. 

[BrokeBob]

Yes, you have them on violations.  They would violate MORE if they continued the case in TN, for example doing a publication service and then getting a default judgment that way. 

Your idea of filing in JAMS may be very sound. 

[fedup1101]

So is it a violation if the case is still pending but not refiled? 

[BrokeBob]

There are violations for filing in a jurisdiction they know is incorrect.  If they continue prosecuting the case, then there are additional damages.