I am currently suing Asset Acceptance in Curcuit Court in Macomb County Michigan. I filed a three count complaint against the company for Conversion, Intentional Infliction of Emotional Distress, and Fraud. The suit was filed because of the behavior that Asset engaged in by trying to execute a garnishment on exempt funds.
On May 8th I was admitted to the hospital for a heart transplant. While still in the hospital recovering from my transplant surgery my wife informed me that I had recieved a notice of garnishment from the bank on Assets behalf. After recieving this information I required sedation to get my blood pressure under control. The very next day which was May the 18th I attempted to contact Assets attorney of record to discuss the exempt status of the funds. When I called their offices they refused to connect me with their attorney's.instead they had me talk to a collection representative. I explained that the funds they were attempting to garnih were exempt because they were disability proceeds and exempt by law. I further explained that the bank account they were going against had been opened specifically to hold these funds and at no time had any other funds from any other source been in the account. I explained to their agent that I was calling from the hospital ten days after my heart transplant. I explained the physical stree and emotional distress that this was causing me. Their representative agreed that disability proceeds were in fact exempt but that he would need proof to release the garnishment. I asked him what he needed to verify the status of the funds and to release the funds. He said he would require at least 2 months of bank statements to verify the source of the funds. I had my wife fax every statement from the day the account was opened. I indicated that I would follow up with him the next day to make sure we were on track.
When I called the next day he said he was waiting on a decision from his supervisor. I had my wife look up the attorney's direct phomne number in the Bar Journal. I attempted to reach her by phone but only got voice mail. I left a message detailing the situation and requested that she return my call. On Monday the 23rd I still had not heard from either the attorney or the collection representative. For the next five days I called each of them without any response. I then understood what they were attempting to do. They were hoping that I would fail to file a formal objection. If I did not file a formal objection they would be allowed to keep the money. I imediately filed a formal objection with the court and a hearing was set for June 7th.
Meanwhile I notified the collection agent and the attorney that I had filed a formal objection.
At the hearing on June 7th the court reviewed my documentation and ordered that the garnishment be dismissed. The judge reprimanded counsel for Asset and indicated she would be willing to entertain sanctions against the plaintiff and their counsel based upon their egregiuos behavior.
I subsiquiently filed suit against asset. Their counsel is attempting to have the suit dismissed by claiming that I do not have a claim. This is after they attempted to have the suit go away by offerring me a nominal settlement. We have a motion hearing scheduled for Monday the 19th of September. The only chance they have would be for the judge to rule in their favor. It could happen but I'm betting it won't. If they lose the motion they will pay dearly I'll let you know what happens.
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