Dealing with Asset Acceptance LLC: A Comprehensive Guide
You’re here because you’ve been hounded by Asset Acceptance LLC, a notorious debt collector. But, take a deep breath. We’ve got your back. At Spodek Law Group, we specialize in helping people like you fight back against unscrupulous debt collectors.
Understanding Your Rights
First things first, you need to know your rights under the Fair Debt Collection Practices Act (FDCPA). This federal law protects consumers from harassment, abuse, and unfair practices by debt collectors. Some key points:
-- Debt collectors can’t call you before 8 AM or after 9 PM. 8
- They can’t contact you at work if you’ve told them your employer prohibits such calls. 1
- They must stop contacting you if you send a written request. 8
- They can’t use abusive language, threaten violence, or make false statements. 18
Asset Acceptance LLC has a history of violating these rules. But, armed with knowledge of your rights, you can fight back.
Validating the Debt
When Asset Acceptance LLC first contacts you, they must provide a debt validation notice within five days. This notice should include:
- The amount you allegedly owe.
- The name of the original creditor.
- A statement of your right to dispute the debt. 8
Don’t admit to owing anything until you’ve received and reviewed this notice. Many debt buyers like Asset Acceptance LLC lack proper documentation, so the debt may not even be valid. 6If the debt is yours, don’t ignore it. That won’t make it go away, and Asset Acceptance LLC could sue you. 6 Instead, take these steps:
1. Request Debt Validation
Send Asset Acceptance LLC a debt validation letter demanding proof that you owe the debt. They must then provide evidence like the original contract or account statements. 68 If they can’t validate the debt, you may not have to pay.
-2. Check the Statute of Limitations
Each state has a statute of limitations on how long a debt is legally collectible. If Asset Acceptance LLC tries to collect an expired debt, you can use this as a defense in court. 35
3. Negotiate a Settlement
If the debt is valid and within the statute of limitations, you may be able to negotiate a lump-sum settlement for less than the full amount. Get any settlement agreement in writing before paying. 13
Dealing with Lawsuits
If Asset Acceptance LLC does sue you, don’t panic. But, don’t ignore the lawsuit either. That’s just giving them a win. 10 Here’s what to do:
1. Respond to the Lawsuit
File a formal Answer with the court disputing Asset Acceptance LLC’s claims. Raise any defenses you have, like lack of proof or expired statute of limitations. 10
2. Consider a Counterclaim
If Asset Acceptance LLC violated the FDCPA, you may be able to file a counterclaim against them. Potential violations include harassing calls, false statements, and unfair practices. 10
-3. Consult an Attorney
Debt collection lawsuits are complex. Having an experienced consumer law attorney on your side can greatly improve your chances of success. 10 At Spodek Law Group, we offer free consultations to evaluate your case.
The Bottom Line
Dealing with aggressive debt collectors like Asset Acceptance LLC is stressful. But, you have rights, and there are ways to fight back. Follow the steps above, and if you need legal help, we’re here for you. It’s simple. Every single client deserves honesty and white glove service from their attorney.