I got a credit card when I was in college in 1997-98 which went to collections soon after. I never paid it and it was acquired by asset acceptance in 2003 or 2004. They sued me in small claims court. When I showed up for the hearing, I didn't see the judge. I entered into a pretrial stipulated agreement with them that consisted of monthly payments. I made all the payments which consisted of me calling each month and them taking an electronic check over the phone. The last time I talked to them (when I made my last payment), I specifically asked if I would ever hear about this again and was told no. I believe I was done with the payments in 2006 or 2007. Now, I'm trying to get a new job and find that they had a judgement put on my credit report for the full amount of the account in October 2007. What can I do about this?
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dispute on credit report
Have you tried contacting them? I would make a really serious phone call to them and find out what it is happening...I'm hoping you have proof of the payments and other records to prove you had taken care of it?? Also dispute it on your credit report .... I think it might be difficult to remove and get it cleared up, might take several persistent phone calls and many letters but you can definitely do it if you really are set on clarifying it...I'm sure others will have more info on how to deal with it...Good luck!!!
Subject: Asset Acceptance had judgement filed after I paid d
I called Asset Acceptance and reach an office in Arizona after I received the letter today. The lady told me she could see my account but not the details of it. She then told me it was out of an office in Michigan but they were closed and I would have to call them on Monday. As for records, I would have my bank statements. I'm not sure if I have images of all the electronic checks. I can just imagine having to pay hundreds of dollars in research fees to get the bank to track all of them down for me and I definitely would rather not have to pay for that. I'll be calling the Michigan office of Asset Acceptance on Monday. Also, I intend to consult an attorney. Surely, this is some sort of violation of the law.
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Hi dream,
Can I know if you have any kind of written proof of your payments? Did you receive any summons, and answer to that? Can I know if you can prove that you had went to court on the stipulated date? If you have, you can file a motion to dismiss this judgment.
Thanks,
Aaron
I have bank statements from the relevant period. Also, I did receive a summons and and I have the agreement that was worked out with the creditor's attorney when I went to the courthouse. I never saw the judge...the agreement was worked out with the attorney at the courthouse. I will need to look through my stuff to find this paperwork but I should still have it.
I called Asset Acceptance again today and spoke with someone in their legal department. I was advised that their ledger shows my last payment as $75 (my normal monthly amount) and it was made in January 2007. This left a balance of $173. I specifically remember the last payment I made was less than $75 (because I was told that it was my last one) so I know for a fact that her records are wrong. I told the lady that her records were wrong and she agreed that it didn't seem to make any sense that I made all the payments over 3 years and then didn't make the last couple of them. She said she was forwarding it to be reviewed by a supervisor who will call me back in 24 to 48 hours.
I will be looking through my paperwork to find the relevant bank statements (with check images) and my copy of the stipulated agreement.
Thanks,
Joe
Also, the judgement on my credit report is for the full original amount, $2279. According to their own (incorrect) records, the balance left owing was $173, so why is the judgement listed as $2279?
UPDATE:
I searched through my records and found the bank statement showing the last payment Asset Acceptance has record of. However, I couldn't find the next 5 statements. Therefore, I called my bank and ordered them. The rep I spoke with at the bank looked on those statements and couldn't find a charge for Asset Acceptance. She is having them sent to me so I can verify that.
However, like I said, I specifically remember making the last payment and being told that the amount owed that month was less than my regular payment amount because it was my last payment. I did not regularly review or reconcile my statements because I was making plenty of money and had a nice amount in the bank so I didn't take the time to do so. For example, my closing balance on my January 2007 statement, which shows the last payment Asset Acceptance claims to have record of, was over $4000.00.
Now, I'm wondering if this was a game they were playing...taking my info over the phone and pretending to process the last couple of payments so they could try to get the entire amount from me again by claiming I did not fulfill the agreement. On that last phone call, I also remember specifically asking for a letter saying that the debt was satisfied but I never received that either, though the rep I spoke with that day assured me it would be sent out. I didn't follow up with them about the letter because they had told me I was done and I just let it go. It just makes no sense at all that I would not make the last couple of payments when I had made them like clockwork over the last few years and had it paid down to nothing. Of course, I didn't realize it was almost over because I didn't keep track of the balance and did not receive a monthly statement. In fact, I was surprised the day I made the last payment when the man I spoke to told me that I was done.
If, in fact, my statements verify they did not take the last couple of payments from my account when I called in to make those payments, what recourse do I have? How am I supposed to prove that I called in and thought they were taking a payment over the phone? I do not want to have to pay that all over again just to get it off my credit!
Also, if they went ahead and got a judgement against me, why was I never notified and why didn't they try to garnish my wages if they truly believed they were owed the money?