candydandy

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Everything posted by candydandy

  1. I got my letter from court today, which states: Order This cause came before the court for trial on Monday, April 7, 2008. Honorable XXXX XXXXX appeared, as attorney for the plaintiff. The defendant was present, appearing pro se. The court proceeded to hear the evidence. At the conclusion of the plaintiff's evidence, the defendant moved for a directed verdict. The court granted the motion. It is therefore ordered that a judgement is entered in favor of the defendant, on the plaintiff's complaint. Done and ordered on this 8th day of April 2008.
  2. What is your state SOL? If this account is from 2001, then chances are it is out of SOL by now.
  3. msldystrkr, the judge said yesterday that they have 14 days to appeal, (but if they file late on the 14th, it may not show up til the 15th day, so I need to wait til then to check to see if they appealed) He also said if they appeal, they will have a trial with a jury of 12 and it will cost them much more to do this, so they 'probably' wouldn't. I still need to check this for the next few weeks though.
  4. They took us to court for a debt $3000+. All their paperwork was thrown out due to being Heresay (letter from Palisades stating amount owed and their name as owner, no proof of that though) and they couldn't provide proof of Chain of Custody. Judge ruled in favor of defense (Us!)
  5. Shae, how old is the Palisades account? They are known for not keeping complete docs. Has he received a letter from them? If so, did he request Validating? If he's receivbed a letter from them recently, have him send a DV to them. If they send him a paper with the words "Statement of Claim" on it, that's probably their only proof. This doc can be thrown out of court if you push it. Make sure you send the DV CRRR though for your prooof in court as well as a copy of the letter he sends them to have for court later as proof of what he sent them.
  6. We won tosdaY1 Please see thread titled "Palisades Collection trying to sue on SOL account " for all the details. Alabamians please note new change in law listed too in thread!
  7. I'm sooooo excited. We went to court today over this case. There was a total of 11 credit card cases on the docket. Of those eleven (one was for a guy who had two cases being heard) 1 woman showed up and quickly accepted a default judgement (wonder why she even showed up then!) the guy that had two cases, and us. All the others never showed!!!! We were asked to go outside in the hallway and see if we could work it out. We were very polite and did that but told their lawyer we were'nt interested in a settlement, and we wanted to go to trial. BTW, Zarzaur and Swartz sent a local guy the cases to
  8. Well, I got another letter from the court yesterday. Our new date for court is April 7th. I never received the DV paperwork I'd requested from Palisades, or anything else from either the lawyer, or the JDB. Any suggestions, or comments?
  9. Thanks for the reply. I'll just wait to see then what they will do within the next 90 days. Even if they try for the 6 year SOL, that is up in Nov 08.
  10. If they decide to not continue with this, would they have to file that with the court, or would they just not request another court date?
  11. Well my court date was Tuesday, and on Friday (January 18th) I got a letter from the lawyer sueing us stating that they have asked for a 60 day "Motion To Continue" to come up with the paperwork I had requested. I also got a letter from the court the same day verifying this as well. "Comes now the plaintiff XXXX XXXXX by its attorneys XXXXX XXXXX, and moves this Honorable Court for an Order continuing the above referenced cause of action. In support of its Motion, Plaintiff states as follows: 1. The parties are engaged in informal discovery. The Defendant has requested documents, which Plainti
  12. The Charge Off date was changed, but from looking at my credit report, it looks like that was done by the original creditor since it is listed with this charge off date by the original credit on my credit report. No, I didn't
  13. I have the green card for the first time they sent me a bill showing they'de received my DV request. They left me alone for a while, then sent me another bill nearly a year later. I sent them a DV, but (I know it was STUPID!) did not send it CRRR so I don't have proof I mailed the second one.
  14. Hmmm. I'm not getting very far with trying to get this information. Our courthouse doesn't seem inclined to let people use their law area unless they're a lawyer. No local lawyer is willing to let me have access to their VERY EXPENSIVE books to look things up. Does NO ONE here have access to this information somewhere? I need to look up "51.A.L.R.2d.331 under Limitations of Actions as applied to account stated", as well as "Statute of Limitation" for Written Debt, Contract debt, Credit Card debt. I really need this information, but don't seem to have local access to it.
  15. I did a bit of online research, and found Florida clarification of Account Stated. Account Stated – [1] Elements and Case Citations (1) Plaintiff and defendant made a previous transaction; Us and Palisades never had ANY transaction with each other. only household and my hubby. Just because they bought the account doesn't count does it? (2) The parties’ agreement that the balance is correct and due; and (3) Defendant made an express or implicit promise to pay balance. Defendant disputed (as shown on credit report for HH Bank and Palisades) balacne therefore did NOT agree to pay them, and did
  16. I have copies of the credit reports showing when activity was last done, last payment (11-2002), etc. So if we can go with the SOL being 3 years, I'm guaranteed to win as Alabama is 3 yrs on open-ended accounts. But if they go with the 6 years claiming "Account Stated", then it would fall under Written debt which is 6 years. (Oral Contract won't help me none either since that is also a 6 years SOL in AL.) So, if AL. relies heavily on plaintiffs allegation that this is an "Account Stated", how do I prove otherwise, especially if I don't have access to a law library? Is there someplace online th
  17. No, I wasn't aware that Wolpoff owns Palisades, but I DVed Wolpoff last year on this same account and they in turn sent me a piece of paper basically saying they had a right to collect the accountm but not any actual proof that they did. I sent them a new DV request letting them know that they did NOT send me what was needed to Validate the account and details they were currently claiming (amount, etc.). I never heard back from them after that. What do you mean by sending them a "Christmas Summons"?
  18. Got something from the court today saying we have our day in court on January 22, 2008 at 9:00 AM. So now, I need to get some serious research done to see how Alabama leans on SOL of Credit Cards. Anybody out there have some direction to point me into to find this case law?
  19. Nevermind. I sent it out today the way I had it listed on here, via Priority Mail.
  20. I need to have my reply done and in the mail by tomorrow. (I didn't get it til last Friday, but the date on the Summons is for the previous Friday. I have to have my answer in to court within 14 days. Not sure why it took a week to get it to me.) Please critique my response below and let me know your opinions asap. I was also thinking about including a partial copy of hubbys report to show the Household Bank account and Paisades account on it. Page 1 will verify who the report is for (name, address, etc.) and page 5 will list both Palisades and Household, so those would be the only two pages I
  21. I'm still stunned that I have to clarify that Credit Card Debt is an Open Ended Account. In all the reading and studying I have ever done (and I've done lots) this was not a topic even discussed as being unclear, until I posted this. I went to the website: http://www.creditinfocenter.com/rebuild/statuteLimitations.shtml and it states: ------------------------------------------- Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Please note: a credit card is ALWAYS an open account. This is established under the Truth-in-L
  22. Hi Methuss. Household has the 4 year time period error (Date of last payment 11/2002, date of last activity 12/2002, date maj. del. 1st rptd 2/2006) I'm assuming this is the 4 year gap you were speaking of correct? If so, It is Palisades taking me to court, and they don't have that listed. Could I hold them responsible for what Household has listed on the report? Or were you meaning something totally different?