Hopeforhelp Posted March 28, 2007 Report Share Posted March 28, 2007 I'll try to keep brief. My 70-year old mother, MI resident, recd a summons with a deadline 3/29 by 5:00PM. More details:- Doc rec'd: Summons and Comp from St of Mich 75 District Court- Plaintiff: Palisades Collection LLC Assignee of Chase Manhattan Bank, Englewood Cliffs NJ; Plaintiff atty Wolpoff & Abramson LLP, Novi, MI- What owed: $5,102.83 for cc transactions- Summons says: "stmts were provided"; "purchased said acct for value and is now the owner thereof"; "agreed to repay monies advcd"; "did not timely notify CMB in writing of a dispute and/or billing error"; "has not paid ... in default"- Her CR shows Palisades Coll as "seriously past due/assign to atty, CA, or credit grantor's internal collection dept" for $5,102.- Have not req'd DV (I just found this website)- Have not disputed with CRA (I have a copy of CR from EX)- She was served and given 21 days to respond; deadline is tomorrow.Questions:1. Should I still dispute online with the CRA?2. Should I also request DV? If yes, should I request from Palisades or W&A? Do I need it postmarked by tomorrow? 3. What do I do with the Summons? Can the DV letter serve as my response to the court (can I just give them a copy of what I send Palisades or W&A)?4. What stops a judgement (W&A said they already had one)? Will my response to the Court by tomorrow stop or at least delay it until I get their response?Concerns: W&A has called her threatening to freeze accts and garnish (she lives on SocSec and WalMart greeter wages). She tried to settle with them for a lesser amt (she was trying to get home eq loan). W&A said there was "no deal" and they already had a "judgment" and would now get atty fees, etc (amt she owes keeps increasing). I tried to read through all this website info, but am losing sleep and times up. Would appreciate help. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 28, 2007 Report Share Posted March 28, 2007 Okay first and MOST important... DO NOT IGNORE THIS>> YOU MUST RESPOND.. there are stickies on this site that will assist you with thissecond W&A are scum bags who lie, cheat and steal and would sell their own mothers for profit.. they cant have a judgement on her if you have not even gone to court yet.. NOR can they garnish her without a judgement (and I hope you are taping these calls.. they violate all kinds of rights),.. she can not have her disability taken.. so in short stay off the phones with these clowns... you may want to get a lawyer but I guess my big question is do you know if this is even within the SOL for your state... you need to do some heavy reading here.. they are sharks to be sure.. can you hire a lawyer.. normally you could do alot of this but it takes time and you dont have much at allas far as your response there is a format to use .. you cant just use a DV letter.. that will not mean a thing. YOu have to respond to the charges brought in the summons.. its a little late for the DVyou can dispute with the CRA anytime.. but that will have no bearing on thier case.. start with the SOL... what is the status on that? Link to comment Share on other sites More sharing options...
Hopeforhelp Posted March 28, 2007 Author Report Share Posted March 28, 2007 I told her not to answer any more calls from them -- she was in tears yesterday.I checked the SOL and unless I misunderstood the document provided on this site, it is 6 years in MI. One thing has me curious -- the last pymt they show she made is listed on the summons as 03/14/05 and she was served on 03/09/07. It makes me wonder if there was a a deadline at two years they were trying to meet? We talked with one lawyer and he told her she should not file bankruptcy (too much equity in house -- although it is no mansion), and to try and "settle" with W&A and to avoid court.I am still confused about what to respond with and who I should respond to. Should I only respond to the court and they will forward to W&A? Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted March 29, 2007 Report Share Posted March 29, 2007 you respond to the summons ASAP... you may want to get the lawyer to settle with WA.. I am not sure what the MI laws are regarding garnishment and a lien on the house... and as I said you need to respond by tomorrow... also if you do want to settle.. get the lawyer to do that in your behalf Link to comment Share on other sites More sharing options...
qtptute Posted March 29, 2007 Report Share Posted March 29, 2007 You must respond not only to the court, but the the attorneys representing W&A. Link to comment Share on other sites More sharing options...
Recommended Posts