Topic: Asset Acceptance = Dirty Company

[fedup1101]

I have an alleged old Chase account now owned by Asset Acceptance.  Account is over 5 years old for SOL purposes. 

I get a call from my parents that a process server showed up at their door looking to serve me papers.  The first problem is I don't live there.  The process server left a card and has returned again this week and left another card. 

Here's where it gets interesting.  I live out of state.  The state where they're trying to sue me in has a 6 year SOL.   It is also the state where the debt was incurred and defaulted.  The state where I currently live is 4 years so the debt is time barred here. 

They have not served me at my parents house as they know I don't live there.  If I did, they could just leave papers with a person of age.  I just have to wonder why they keep showing up there.  I did DV the company 2 years ago with TrueQ's arb statement in it.  I never got an answer (typical of Asset) and haven't heard from them in 2 years. 

I'm wondering what I should do next.  They can't serve me at my parents if I'm not there.  And they can't sue me here because of SOL.  Court date is early June but in the law of my parents' state (TN), they only have to give "reasonable notice" on a summons which means they could probably serve up until the day before trial.  It is not reasonable in real world standards but this state is <removed> when it comes to a lot of things (no pre-trial descovery, no answer to the summons but instead just show up for court, etc.) 

Here is what I was thinking:

1.  DV them again with the correct address in the new state.
2.  Ignore the attempt to service because I can't be served where I don't live (even though I hate them harassing my parents like that).
3.  Wait until after the court date and DV a second time so they are clear I'm in a new state.
4.  Wait and see what happens next. 

The other option I considered is

1.  Make the company aware of the new address
2.  Send certified letters to the process server and plaintiff attorney letting them know the company has been notified of the new address. 
3.  DV Allied (of course I won't get an answer but Ill have proof again).
4.  Wait and see what happens. 

One final option I suppose is

1.  DV them under new address
2.  Initiate JAMS complaint against them. 

The court will not accept motions ahead of time.  They have to be brought to the courthouse on your court date.  I will not be in my parents' state on the court date so I can't do that.  The courthouse also made it clear that unless I'm properly served the trial will not continue as scheduled. 

So my question is how should I proceed?  I'm a bit worried since the contract was entered into in the other state so technically they can sue me there (but they have to serve me here accordingly). 

For further reference, I am a self employed disabled person (SSI qualified).  I have no property and marginal income so I have nothing they can take.  That makes me SMH about why they'd even bother suing me. 

Help please........

And to simplify things under the requested questions:

Who's suing you:  Asset Acceptance
OC:  Chase (Bank One)
Amount:  Less than $4000
When were you served:  I wasn't - process server showed up at my parents.  Was told I don't live there but has come back again this week. 
State of Suit:  TN (where I personally do not live)

[daryl1689]

You could initiate arbitration against them for suing you after your arbitration election.  Their claim would be time-barred and you may find yourself getting a check, and killing the debt in the process.

If they had not validated, and you still have the green return receipt, you have them on at least 2 good violations. 

1) Continued collection efforts without validating.
2) Taking a legal action they are not permitted to take. 

[chester474]

I don't have to do anything until I'm properly served. 

The Monopoly game doesn't begin until the dice are tossed.

[KNINE]

This Company has no problem with changing dates, amounts, anything having to do with an account being accurate.

I find it hard to believe a CRA is not familiar with their ways. 

[KFMAN]

This Company has no problem with changing dates, amounts, anything having to do with an account being accurate.

I find it hard to believe a CRA is not familiar with their ways.

Are you kidding?  CRA is on the creditor side and could care less,

[NotBonJovi]

Fedup, you have already thought this out, have the scenarios down. It sounds like, not only is the debt SOL, but you may be judgment proof.

Take those optional scenarios a step further. Not informing the attorney of your current residence may result in an out-of-state judgment, which they may possibly domesticate in the current state of residence.

Of course, it sounds like collecting on it may be difficult if one lacks the assets/income to attach.

Informing the attorney of your current residence may halt all proceedings, unless the attorney is dumb enough to sue over a debt past the SOL.

The decision is yours. We are not attorneys and cannot tell you how to proceed.

Are you kidding?  CRA is on the creditor side and could care less,

Of course the CRA's could care less. Creditors are their customers.

You know what they say about the customer always being right...

[arnanda]

Are you kidding?  CRA is on the creditor side and could care less,

WRONG!  TransUnion actually sued AA for reporting inaccurate information against consumers.  I believe it was put on this board before.  For reference, I'm submitting the PDF of the case.

Also, what is the problem with giving them your current address if you already have them on violations? 

[CleaningUp]

The law suit means nothing.  What was the decision of the court?

[Just Plain Bill]

You don't want a judgment unless it can be vacated for lack of venue.

[fedup1101]

No I definitely don't want a judgment.  That's why I asked.  And for the record, I was asking what you guys would do not for legal advice.  I know this isn't were I come for that.

It seems like I have 2 options based on comments here:

1.  Initiate arb and force their hand out of court (and maybe even erase the debt)
2.  Notify the attorney. 

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. 

She also said they could force the venue because the debt was allegedly defaulted in TN.  Having to defend myself in a court 3000 miles away would be a major league hardship for me (both financially and physically). 

To answer the other thing, yes I am judgment proof.  But that doesn't mean I want a judgment against me.  I have little doubt I could beat these guys, but having to do so from such a far distance would be terribly inconvenient.  And yes I know court isn't supposed to be convenient, but it's also not supposed to involve 2 flights each way for a credit card debt that is 5 years old. 

Do you think there is a reason the process server returned?  That confused me completely.  He was already told that wasn't my house so why come back and try again?  I know people lie for sure, but there were 3 people standing there telling him I don't live there. 

Like I said, I'm just looking for some support and feedback from folks who've been through similar experiences.  Any feedback is appreciated. 

[KFMAN]

You need to read the rules for posting and also FDCPA as they must file in a courthouse where you live.

[fedup1101]

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. 

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. 

[KNINE]

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.   

[debtfree2b]

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?

[KFMAN]

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.

Most consumer attorneys just want you to pay the debt off.

Just curious why you're suggesting a attorney when most people come here to go prose?  I would do more reading and less posting.