Stop The Calls Fast

As promised here comes the beef. Asset Acceptance served my client with a complaint alleging that she owed $3391.16 to the original creditor Bank of America. Here is the complaint filed by Asset Acceptance’s Birmingham, AL attorneys: http://bit.ly/M9CkUC.  Here is the their attachment “Causes of Action”: http://bit.ly/J2wXFA. You will immediately notice the brevity and lack of facts contained in the second document. What you are looking at is basically how Asset Acceptance files boilerplate lawsuits by the tens of thousands each week in this country via the thug attorneys who are their sub contractors. Respecting my client’s privacy we will just call her Leah. Leah had the smarts to research how to handle debt collectors like Asset Acceptance. She emailed me via this blog and also did some of her own homework and very well I might add. Leah represents the 1 to 2% those who are proactive when abused like this and take the offense. Those who do not end up with default judgments. Asset Acceptance is  very good at this game and plays to win which is what you have to learn to do.

I am providing the link to how Leah answered this complaint. It is the very model of how a matter such as this should be handled. http://bit.ly/ITHIFw  and http://bit.ly/L0LmO0.  I spoke with Leah after her court appearance last week. The day before I told her that the attorney for Asset Acceptance would try to get her to settle before going before going into court. She was smart enough not to say anything except that she would not settle and that she would let the court decide. Because Asset Acceptance did not validate the debt or show any chain of ownership of said debt the case was thrown out. The point here is that if you do not know how to raise  the appropriate objections or have an attorney your goose will be cooked.

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Watch this blog in the next few days for the details. I am awaiting receipt of the documents in this particular lawsuit which was dismissed in favor of a StoptheCallsFast Self Help System user

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The emergence of the CFPB will have far reaching implications for consumers and those who are threatened and harassed by unscrupulous debt collectors. Dealing with the Federal Trade Commission or asking them to handle complaints has always been a laborious and time consuming process. Their procedure has always been that they require many complaints about a particular debt collector before they will take any action. The counsel for the CFPB recently filed an amicus brief with  the Court of Appeals For The Eleventh Circuit [Paul And Angela Birster v. American Home Mortgage Servicing, Inc.]. Filing a brief as amicus curiae simple means it is being filed in this case as a friend of the plaintiffs. The reason this brief is important is that it expanded on the definition what a debt collector is per the Fair Debt Collection Practices Act.This brief specifically requests that the Court include those who are enforcing security interests (mortgages) in the definition of “debt collector” per the FDCPA.

The aforementioned is vitally important in view of the extreme abuses that have been perpetrated in the process of servicing and collecting defaulted mortgages. If you care to read the brief in its entirety, here is the link:

http://bit.ly/IGd56x

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