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Palisades Collection trying to sue on SOL account

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Alabama also has a consumer protection code:

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

scroll to the bottom, have they done anything that could fall into this heading, like changing the date to extend the actionable life of the account??

..... in your answers, did you reserve the right to add additional answers, defenses and couterclaims at a later date?

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If you sent letters to Palisades or others disputing the account, use those to defeat the Account Stated claim, since it shows you did not sit on your hands when dunned.

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.

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Alabama also has a consumer protection code:

http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

scroll to the bottom, have they done anything that could fall into this heading, like changing the date to extend the actionable life of the account??

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.

..... in your answers, did you reserve the right to add additional answers, defenses and couterclaims at a later date?

No, I didn't

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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 Plaintiff's attorney has requested from his/her client, such documents should be received in the next 30 to 60 days.

2. The Plaintiff needs additional time to obtain these documents to clarify information regarding the account.

WHEREFORE, PREMISES CONSIDERED, Plaintiff requests this Honorable Court continue this matter for 60 days and for such other and further relief as is just.

Respectfully submitted this 01/16/2008."

On the court paper I reveived in the mail, it lists everything that has occurred so far and the date it occurred, and on the bottom of this list, it lists:

1/16/08 Motion to continue

1/17/08 Continued 90 days on request of the Plaintiff.

So what does everything think. Have I heard the last from them on this? I SERIOUSLY doubt they can get the documents needed for this, and even if they were to get them, I'm still pushing a SOL defense so that should negate the entire thing, hopefully. Either way, I'll fight this through a court trial if need be.

Any opinions?

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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?

The former would be the orderly way, the latter would be the chaotic way.

Judges prefer order. But it could happen either way.

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The former would be the orderly way, the latter would be the chaotic way.

Judges prefer order. But it could happen either way.

If they don't move to dismiss this after the extension would the OP's next step be to request dismissal with prejudice? Just trying to get this legal stuff straight.

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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?

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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 handle for them. This guy was actually very nice though.

Our trial time was scheduled before lunch. The defendant with 2 cases was just before us so we sat around and listened. Palisades lawyer turned in a paper that showed "Statement Of Account" at the top (I got one exactly like it from Palisades lawyer Zarzaur too). He tried to have it introduced in court and the defentant odjected as it was claimed to be heresay. The judge (NOW PAY ATTENTION TO THIS ALABAMIANS!) said that the civil court judges in Alabama had recently had a meeting about accounts not showing a "Chain Of Custody" on old/sold credit card debts. The judge said that if they were asked by defendant to show this "Proof of Custody" and they could not, then they cannot prove proper ownership of the account. The judge also said that IF the defendant objects to accepting into court these "Statement of Account" document written out by the debt collector (Palisades) (but not documents from the Original Creditor) then they are no longer admissible in court as proof of amount owed or account owned.

This is HUGE for consumers in Alabama. Most debt collectors have only these papers to prove a debt (especially from Palisades & Unifund). But for this to work, the defendant must object when the Plaintiff decides to ask the court to accept them. If the defendant doesn't object and actually agrees to accept them, then they CAN be used.

Right after the defendant guy was done with his two cases (he won BOTH of his cases) we were up. We objected when the Plaintiff lawyer tried to enter a Statement of Account into evidence, and we spoke of Palisades never Validating debts (showed copies of EVERYTHING) the judge ruled in OUR favor and dismissed the case. He said the plaintiff has 14 days to appeal it, but they won't be able to use the Statement of Account in the next court proceeding if they appealed since it was thrown out in this court. The lawyer said he didn't have anything else to admit into court if they couldn't use this paper.

Then, (and this just made my year!) The Plaintiff's attorney told me (right in front of the judge) that if I had the time, I should go to law school and become a lawyer since I'd presented such a good case today!

I am so pumped up over this. Not only for me, but for what this ruling in Alabama civil courts mean to so many consumers. But remember, the defendant MUST object to that paper being admitted into the courts as evidence, AND they must request a Proof of Custody be proven.

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:woohoo:

Congratulations on your win! Thanks for sharing what you learned in court. I also won my case. People need to just show up and speak up and not be afraid. Don't let them get a default judgement against you. That is exactly what they are hoping for. Again, Congrats!

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CONGRATS!! ::rockon::

Wonder if they have paperwork on any of there accounts. BF has Palisades on an old account too.

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.

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I have just verified on good authority what OP said about the Alabama judges... and I now have this to add:

First, it is important that the case be dismissed with prejudice or a judgment for the defendant entered. If it is not, then the debt collector could refile.

Second, anyone can appeal a district court case to circuit court. When they appeal they can appeal any of the claims tried below. The circuit court judge looks at everything and in this case that would include an account stated claim.

And as an added comment - OP, don't forget to look over your paperwork - given the right set of circumstances you can then turn around and sue the debt buyer (Palisades, Unifund, Midland, etc).

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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.

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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.

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