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Palisades files suit


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Palisades filed suit against my friend. She has 35 days (well 25 days now)to send in a response to the Superior Court of NJ on the issue. They state the amount due is over $1k and that the balance due icludes intrest and fees occuring from the date of 3/05/2004 when it was first placed for collections (????) to 6/15/2006. I will have the detailed letter later.

She never got any collection letters from Palisades and/or never heard from the attorney which filed the suite about the matter. She don't recall having an account with AT&T wireless. Besides what is the SOL for a wireless account in the State of NJ, anyone know?

What should she do? any help would be appreciated.

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Palisades filed suit against my friend. She has 35 days (well 25 days now)to send in a response to the Superior Court of NJ on the issue. They state the amount due is over $1k and that the balance due icludes intrest and fees occuring from the date of 3/05/2004 when it was first placed for collections (????) to 6/15/2006. I will have the detailed letter later.

She never got any collection letters from Palisades and/or never heard from the attorney which filed the suite about the matter. She don't recall having an account with AT&T wireless. Besides what is the SOL for a wireless account in the State of NJ, anyone know?

What should she do? any help would be appreciated.

If the summons and complaint were the initial communication about the alleged debt she needs send a DV out ASAP. Send it CMRRR to Palisades and copy the attorney. She needs to answer the suit. Post the claims so we can see if we can help. Leave out personal info when posting this.

A debt is a debt is a debt regardless of it being a wireless account or not. As I understand it, the SOL for NJ is 6 years for a written contract and also 6 years for an open-ended account. This debt could fall into either category as if they have a signed contract it would be written, if not, it would be open-ended. Seems if this is her debt it is still within SOL by the dates you posted.

If it were me I would call AT&T Wireless and find out if I have ever had an account and other info such as when it was closed, any balances, if it was sold, to whom it was sold, etc. Palisades has a rep for reaging so it could have been an account that was paid and closed years ago. Remember, AT&T is now Cingular so that is who she needs to call. Record the call if legal in NJ. Memorialize the conversation (take good notes) during and afterwards if not legal to record.

Do NOT call the attorney or Palisades. Stay off the phone with them.

Edited to add: You said "letter". Was she actually served with papers from the court or just received a letter saying they were going to sue? If she was not actually served with papers from a court it is unlikely that a suit has been filed. Call the court to find out if the suit is real.

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She was served a summons from the court CMRRR.

Palisades collection LLC

vs.

Her Name

Plaintiff have a priciple place of business at (adddress is a NJ address)

1. It is now the owner of the defendant's AT&T Wireless goods and/or services account number (11111111). There is due the plantiff from the defendant (Her name here) which is now in default the sum of 1136.16 plus interest from 3/02/2004 to 6/13/2006 in the amount of 40.51 for a total of 1176.67

WHEREFORE, plantiff demands judgment for the sum of 1176.67 plus accruing interest tot he date fo judgment plus costs.

Page 2 states

Demand Amount 1176.67

Filing fee 32.00

service fee 6.00

attoney fees 38.53

total 1253.20

Wish I could get an attorney for $38.00

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I have a friend that has a summons for the end of July for an AT&T account that she said is not hers. I just passed this link on to her. I'm not sure if it is the same collector or not but wouldn't be surprised if it is. I believe her amount was around $1400. Last I talked to her she was digging up her paperwork because she thought this was over and done with after dealing directly with AT&T and putting in an investigation with them.

Please update, if you can, on the progress of your friends case from time to time. Thanks.

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Anything else attached to the complaint such an invoice from AT&T or an affidavit attesting to the monies allegedly owed?

No nothing to the effect.

Is this in small claims? What court?

Superior Court of New Jersey Law Division Camden Special Civil Part

So far I have filed complaints with the FTC, Att Gen, and the BBB. I have prepared the answer and a DV letter once the answer is filed. I will personally file the answer at the court house around the 24th, then CMRRR them their copy.

Anyone have any other suggestions?

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Found out from my friend that it is also Palisades taking her to court. The date is July 29th, I believe. I'm meeting up with her tonight to do an immediate debt validation and a letter to the FTC, Att. Gen, & BBB. She is really new at this and overwhelmed by the site! :shock:

Her dates are definately within SOL. Initial contract for cell service was 4/9/02 and exactly on 4/9/04 she cancelled her service and went to Nextel fulfilling her contract with AT&T. She has that paperwork when she cancelled.

I guess Palisades must have all or most of AT&T accounts. Her summons as she read it off to me with the attachments states that Palisades is the assignee of the account not purchased and they attached to the summons the original contract with a statment of the account.

One thing she did mention was that her last communication with them before they "supposedly" did an investigation was tell her they sent it to collections and said they had "zero" records for her that the collector had them. So, is there a paper trail or not? If Cingular bought them out, then debt validation may take care of this - for now.

I know I can buy her some time even if she has to go to court that first day to dispute and for it to be set for trial.

Why is it that I find helping others with their problems much easier than dealing with my own!!!! :roll:

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There si no court date on thsi summons. It must be answered in 35 days from date of issue or they get a default judgment. So the answer will be filed and then DV will go out. The DV will not do anything, I think when we write to request the records (which they have 30 days to answer) we'll find out they have no signed contract. Hopefully they'll drop their case then.

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There is no court date yet.

The answer form is like a standard form, I don't see where you can say anything but to check a box that says why your filing an answer. Then the court will set a date for a trial. No place to write details. I'm guessing there would have to be a discovery process before the trial.

Seems real complicated for the avarage person. I don't understand how the coourts can do a default judgment without even telling you a date that the courts will make that desission. Everything is so vage and misleading, it's no wonder so many people have judgments and don't even know it. They sent no collection letters and thier attorney can just go file papers. I though justice was they had to prove you owed the debt, not you had to prove you didn't.

If that is the way, what happened to formalities? The court should ask for the proof before even sending you a summons, and if they don't have the proper proof up front then it should be tossed out.

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  • 3 weeks later...
  • 2 weeks later...

My wife and I recently applied for a refinance of home, and discovered this on our credit report. Interestingly, we then started getting calls from a "Truelogic Financial" a few weeks after our loan application. We have sent disputes to all 3 CRAs and DV to Palisades and then to Truelogic. We sent these out July 26, and have gotten "verified" from TU and EX, and a request for more personal info from EQ (which is why I'm here tonight). Nothing yet from Palisades or Truelogic. Sorry, this isn't a help for your lawsuit, but I'll be following since I may be right behind you.

Greg

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Guest FloridaDebtor
There is no court date yet.

The answer form is like a standard form, I don't see where you can say anything but to check a box that says why your filing an answer. Then the court will set a date for a trial. No place to write details. I'm guessing there would have to be a discovery process before the trial.

Seems real complicated for the avarage person. I don't understand how the coourts can do a default judgment without even telling you a date that the courts will make that desission. Everything is so vage and misleading, it's no wonder so many people have judgments and don't even know it. They sent no collection letters and thier attorney can just go file papers. I though justice was they had to prove you owed the debt, not you had to prove you didn't.

If that is the way, what happened to formalities? The court should ask for the proof before even sending you a summons, and if they don't have the proper proof up front then it should be tossed out.

I was under the impression when one party is PRO SE, that unless they initate a discovery, the other side (defended by an attorney) could not ask for one...but once the PRO SE starts one, then its open game.

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Now there is a court date and Interrogatories have been recieved.

I need halp answering them and wish to also send them Interrogatories to answer.

Heres what the letter says:

Each question below requests an answer or information relating to AT&T Account # xxxxxx purchased by Palisades collection LLC. and your responses should be directed thereto.

1. Set fourth with specificity all facts supporting of each defense and/or claim which the defendant has in the above-entitled matter inculding dates, places, names and addresses of persons present or involved in any actions and/or conversations. Annex hereto any and all documentation providing proof to defendant's claim.

ANS

2. Please indicate any and all cellular telephone numbers used by defendant in the past six years or opened for or used by the defendant in the last six years. please attach all corresponding documentation.

ANS

3.attach any documentation evidencing defendant's mailing address(es)between XX/XX/XX and XX/XX/XX, which should include, but is not limited to copies of energy or water bills, telephone bills, lease(s) and/or deed(s)/ Mortgage(s) and drivers license(s). If said documentation is not in your possession, please list each address where defendant recieved mail ofr the time period requested.

ANS

Sounds to me like they want the defendant to prove the case for them???

I need to get answers for these ASAP, and if any one can help me prepare Interrogitories for the plantiff or tell me the best thing to do next is, I would greatly appreciate it.

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