mparksmagic

Palisades Collection Suing Me

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I was like.. whhaaaa? On 10-18-06 I recd a call from my mother stating a sheriff had left a summons on her front door for me. Figures... I have been trying to repair my credit with all the VERY HELPFUL tips i've gotten here and have successfully deleted 4 items off all 3 reports totalling about $2,000. Thanks!

Well back to the topic, I pulled my credit back in June and saw a few errors. Went through the online dispute process with the CB's (dont do it, it was pointless) and it all came back verified. Then I came across this lovely fourm. So again in sept. I had sent a validation request I had found posted here to all the 3 CB's on regarding a palisades collection account for $1,606 I noted on my reports, honestly not aware of what it is. They came back and all it says was it was verified and palisades name and contact info and to contact them for verification. I then sent a validation request to palisades via registered mail and 3 weeks later, the summons appeared at my moms house. On the summons and affidavit of complaint it says they are not aware of any dispute as of 8/17/06, the date the affidavit was signed, however on my credit report dated june, it says I disputed the info?? How are they not aware of this?

I still have not received a validation or any response and it has been way over 30 days, closer to 60. In the validation I stated all communications must be delivered to my new address which i noted in the letter. But still, the summons went to my moms house. I have prepared the letter of estoppel i found posted on these fourms and am prepared to send it, should I or should I wait until court date and say they never responded?

Anyone know about these Palisades people or their attys, Finkelstein, Kern, Steinberg & Cunningham.

Also, on my credit report the date of last activity for this item is feb. 1st, 2001, the statute of limitations in tennessee if i am correct is 6 years. My summons states I am not scheduled to appear until Feb 26th, 07. Even though my court date is later than the SOL I would presume they in fact did file in time since I was served on the 18th of october 2006, is this correct?

Any advise would be much appreciated. If I am leaving anything out, please let me know and I will give more info.

Thanks,

Matt

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Well here it is.. Thanks again!!!

1. Who is suing you? Palisades Collection, LLC: Assignee of Discover Bank c/o Finkelstein, Kern, Steinberg & Cunningham

2. For how much? $1606.40 + 10% APR

3. Who is the original creditor? Unknown, I would presume Discover Bank

4. How do you know you are being sued? Served Papers on 10-18-06

5. How were you served? Sheriff left notice at mothers house for me to call. I called and he asked my address, I told him. Next day papers were at my door, just stuck in the crack.

6. What was your correspondence (if any) with the people suing you before you think you were being sued?: I sent a validation request on 9/13/06, which I have not heard response from yet.

7. Where do you live? Tennessee

8. When is the last time you paid on this account? Never. I had several CC's in college. I dont even know this is mine. Even if it was. I have no recolection of ever paying a check to discover bank.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).: Unknown, I just recd summons on 10-18-06 to appear on 02-26-07

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?): I have disputed with EQ, EX, TU as well as the collection agency. I do not know who the original creditor is.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes, i requested validation in june 07 from TU, EQ, EX. and then from palisades on 9/13/06. I recd an affidavit with the summons saying that Palisades is unaware of any dispute as of 08-14-06, however it shows on my june dated credit report that I disputed.

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. I just have to appear on 02-26-07. Charges are as follows, goods, services, or monies advanced or loaned to defendants for which payment has not been received as evidenced by the sworn account attached hereto (affidavit) in the sum of 1606.40 plust 10% APR, Atty fees if provided by contract & cost of this action.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? An affidavit dated 8/17/06 stating that palisades purchased the account. but in their address block, it says palisades collection LLC, assignee of discover bank. Are they the assignee or purchaser? The affidavit also shows an account number and amount.

14. What is the SOL on the debt? 6 years. date of last activity on the palisades collection account on my credit report was feb. 01

Anything else? I have other information above this post too.

Thanks.

MP

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You mean they don't even list the OC on the paperwork? That is a pretty weak case in itself.

OK, nevermind, I read the bottom part of your response - they are indeed saying Discover.

But you are saying it's not mine? As far as appearing, I'd still see if you can file an answer - are you SURE this is not required? Also, I'd also pick one of the two following ways to take action against this nonsense...

1. Does Tennessee allow you to file an objection to the complaint? If so, I would file it based on: no legal capacity to sue, statute of frauds, etc.

2. File a motion to dismiss the complaint, if Tennessee allows.

With either 1 or 2 above, there are a number of Affirmative Defenses you can use as well.

In addition, I might consider filing a countersuit against them.

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But you are saying it's not mine? As far as appearing, I'd still see if you can file an answer - are you SURE this is not required?

The summons says that I am to appear at the end of Feb in a specific courtroom at a specific time to answer.

Should I send a DV to the CA's Atty, and attach a copy of the DV i sent to the CA? I also need to find the date the case was filed. Where can I get that? Call the courthouse? The reason being is the DV was deliverd to the CA on Sept 29, I wasn't served until oct 18th, so I am trying to see if I DV'd the CA before they filed the case.

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I am thinking you should consider going to that courthouse and visiting the clerk's offices for more info on this case. You have the right to see what all they've filed against you. Ask to see the file. You can even request copies of everything in that file. Good luck with this. I've had to deal with Palisades over a fraudulent AT&T acct, so I know they are definitely BOTTOM FEEDERS!

Good luck.

Elyse

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Thanks for your input, i will check out what the courthouse has on that file.

Also, I called today and the case was not filed until 10-18-06. However I DV'd the CA and have the registered mail receipt that was delivered on 9-29-06. Is this something I can use to my defense?

Thanks!

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Get this.... Went to the Pro Bono Program office in my area to get consultation. While in their office the intake worker called the attys of the plaintiff, she asked to speak with me and they tell me they are not even representing palisades collection, they are representing wolpoff abramson, who has been assigned by palisades to collect for discover card. So is this right? If they are representing wolpoff, shouldnt they be listed on the summons as the plaintiff? Im slightly confused. Also, finkelstein (the attys) sent wolpoff a request for verification documents this morning. The lady on the phone this morning says the acct was opened in 1997 and was paid up until 2000 when it went to default. I was 16 years old in 1997, she also says this was an individual account with no cosigner, how could i have been approved for a alleged discover card without a cosigner at 16 years old? Rediculus. Any input?

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In your answer, you need to state that you were a minor at the time as one of your affirmative defenses.

it's not as cut and dried as you might think, though, especially since the card went into default after you were of the age of majority.

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Yeah. I agree. But I am 100% sure I did not have a credit card or enter into any agreement before I was 18. I'm still just waiting on verification, the attys office says it will be a few days. If anything, I think they have their dates mixed up because as I said, I AM 100% sure I did not get a credit card in 1997. I just pulled a fresh CR and the alleged discover card is on there now with "charged off/sold account" with an open date on 10/2000 not 1997. Why could this be? Is this any kind of help to me?

Thanks!!!

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This is a letter I am wanting to send to the attys regarding my discussion with them today. Does anyone have any input on it, am I leaving stuff out or not putting anything in, is it worded appropriately? Thanks!!!!

Finkelstein, Kern, Steinberg & Cunningham

P.O. Box 1

Knoxville, Tennessee 37901

865-525-0238

November 29, 2006

RE: Telephone Conversation / Request for Documentation

Dear Sir/Madame:

This morning I spoke with a representative at your firm by the name of Tina regarding a civil action, case no xxxxxxx, filed in Davidson County Tennessee General Sessions Court with the Plaintiff being Palisades Collection, LLC and the Defendant being myself, Matthew Parks with the social security number xxxxxxxx

The conversation with your representative, Tina yielded a few important pieces of information.

I was advised that the alleged account referenced in the case above was opened in 1997 and defaulted in 2000, with the original creditor being Discover Bank. For the record, my date of birth is July 30, 1982. If this account was opened as an individual account with no co-signer in the year stated by your representative, it would have made me either 15 or 16 years of age depending on the date. After advising your representative of this, she stated “That’s strange, I do not like to jump to conclusions however, could anyone have had access to your personal information?”

Your client has produced an affidavit in support of their claim, which I have attached to this letter. Under paragraph 3, it states “I am familiar with the manner and method by which Plaintiff creates and/or maintains its normal business books and records, including computer records and/or data of its purchased accounts.” However, the person signing this affidavit does not disclose that they are familiar with the way the original creditor maintains its books or records, and has me confused on how they could know precisely how the alleged balance owed was obtained.

I am formally requesting the following:

Please evidence your clients authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.

What is your client’s authorization of law for your collection of information?

What is your client’s authorization of law for your collection of this alleged debt?

Please evidence your client’s authorization to do business or operate in the state of Tennessee.

Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of an alleged debt and a dispute to the validity of your client's claims. This Notice is an attempt to correct you and your client's records as well as a request for information only, and is not a statement, election, or waiver of status.

I affirm under penalty of perjury under the Laws of the Land for the United States of America, that the foregoing is true and correct, to the best of my knowledge and belief.

Sincerely,

Me

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What a great letter! If it were me, I'd include in my response (at least to the courts) my proof that I was previously disputing this debt BEFORE they chose to allow it to go into the judicial process.

Yes, it definitely sounds ID theft-ish for sure. Is there any other "questionable" stuff on your credit reports?

Elyse

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Thanks, I made a few changes, mainly by adding :

Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature, a complete and total payment history of the account showing all credits, debits, charges, etc., and any other information you or your client has regarding this alleged debt.

Yes, it definitely sounds ID theft-ish for sure. Is there any other "questionable" stuff on your credit reports?

Well there were a few, but once I sent the DV to the CRA, all of the accounts were deleted, with the exception of this one. However this one is showing on my CBR as not only one, but 2 accounts: one being from the alleged OC, Discover Bank with a $0 balance and notice that the account has been sold; and the other being from the CA, Palisades Collection with the full balance of $1606. Is there a way I can make the CRA delete the OC since the account is closed and has been sold?

Thanks!!!

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Letter went out via cert mail today.. Maybe they'll budge with some validation now... I also sent a letter to the FTC asking if there were violations of the FDCPA.

Letter follows:

Dear Sir or Madam:

Hello, I have a couple of questions the FDCPA’s rules regarding a request for Validation of a debt, and a cease communications request to a Collection Agency.

Recently a lawsuit was filed against me for an alleged debt to which I am unaware of. On the date of September 23rd, 2006 I had sent a request for debt verification (attached to this letter) to the collection agency (Palisades Collection, LLC.) who has filed suit against me. The request for debt validation was sent certified mail and delivered to the collection agency on September 29th, 2006. I had not received any prior correspondence regarding this alleged debt. The lawsuit was filed with the courts on October 18th, 2006, and I was served papers on October, 19th, 2006, 20 days after the Collection Agency received my request. My question to the FTC is, per the FDCPA, was the Collection Agency required to respond to my request for debt validation? As they are denying that they had to respond to me due to the fact they had placed the account for suit with their counsel in early September.

Also, in the debt verification request letter I sent to the Collections Agency, I clearly requested that all communication must be made via mail to my return address on the letter. Yet for the last 2 months, my mother has been receiving automated phone calls from the Collection Agency’s Attorney. My second question would be, per the FDCPA, does the Collection Agency’s Attorney have to abide by the request for ceasing telephone communications I sent to the Collection Agency themselves?

Thank you so much for your time in answering my question!

Sincerely,

Once I recv reply, i will post the opinion.

Thanks. If anyone has any other input on this case, it would be helpful!!

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I want to file a sworn denial with the courts tomorrow.. is this one okay, any comments?

Here is the text:

I received a summons from the plaintiff on october 19th, 2006. prior to recieving this summons, i had pulled my credit report with the 3 major credit reporting agencies (equifax, transunion, experian) and found a record to which i was unaware of. i immediately contacted the credit reporting agencies and requested validation of this record. approximately 30 days later all 3 agencies replied saying the debt has been verified and to contact the plaintiff. I immediately contacted the plaintiff in a letter dated september 11th, 2006, requesting validation of the alleged debt . this letter was sent via certified usps mail and delivered on september 29th 2006. a copy of said letter and certified mail reciept is attached hereto (exhibit a). the plaintiff has not responded to the letter and it has been over 60 days. to this date, i have not received any proof showing that this alleged debt is mine. on november 29th, 2006 i contacted the plaintiff’s attorney to request information regarding the alleged debt. A representative with the Plaintiff's attorney advised me that the alleged account was open in 1997 as an individual account with no record of co-signer. For future record, my date of birth is July, 30 1982. If the date the account was opened was in 1997, I would have only been 16 years of age, and therefore a minor. I also sent a certified mail letter, requesting said information via usps which letter is also attached hereto (exhibit B). to this date, i still have not received any of the requested information i am entitled to, per [15 U.S.C.1692g], from either the plaintiff or the plaintiff’s attorney. in the affidavit attached to the summons, the signing party states in paragraph 3, “I am familiar with the manner and method by which Plaintiff creates and/or maintains its normal business books and records, including computer records and/or date of its purchased credit accounts, in the ordinary course of business.”. the party signing the affidavit does not state they are aware of how the original creditor (discover bank) keeps its business books or records, therefore could not truly know how the alleged balance in the above said debt was arrived at. i do not agree this debt is mine as i have not been given any documented evidence that it is.

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