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Law Student · 01-10-2008, 04:42 PM

I don't know if any templates are out there for a response. Maybe check a few attorneys websites (who are in Texas). A few in California have things such as this on their sites. Get a copy of whatever they filed, then answer. In Texas, each paragraph must be numbered. An answer mainly admits or denies each numbered paragraph and concludes with the defence you wish to affirm and reasons why you thing the case should be dismissed. Texas allows standard sized paper (instead of "legal sized"). You also must number each page on the bottom. This is just a general description, beiing that I haven't seen what they filed.

fthflshp12315 · 01-11-2008, 10:49 AM

Question. What if you had a court date for a debt to be collected and couldn't appear because you had to work? My court date was this past Wednesday and I couldn't go. The judgement will be against me because I didn't show up, correct? Will I be arrested for being a no show? Will my wages be garnished? Bank account seized? I live in the state of Virginia and I know they can garnish wages for all sorts of things. This company I had a debt with hired Rapid Recovery collections, who illegally took money out of my parents bank account for my debt. After we had put stop payments on anything coming from them (because we never spoke with them and did not authorize any payment plans like they said we did.)they tried to put through payments on my account for my mother's debt! (Yes, she had a debt with the same person, but the collection agency switched names on the debts) my mother's account was put under my social security number, and the collection agency said we were being charged with check fraud and would all go to jail. The rep from the collection agency said he spoke with us and that we had set up a payment plan, which we never had! We had never spoken to them until they called us to scream at us and threaten us. That is the only reason we stopped anything coming from them, because we (my parents and I) hadn't authorized it. My mother and I recently got a letter from an attorney saying we owed the original company (a chiropractor whom I will never use again!) over $20,000! My name was the only name on the summons though and the amount they wanted was a little over $1200.00. I have no idea what is going to happen with all this... Any advice would be appreciated.

fthflshp

JCEMT · 01-11-2008, 12:01 PM

They probably won a default judgment against you. In the future should you need to go to court you will need to take time off for work (or you could request a continuance until your day off) employers are generally very lenient when it comes to that. With the default judgment that means that since you did not show then the judge would have no choice but to believe what the plaintiff represented to be true as it was not opposed. If they so choose they may proceed with further collection of said debt via court such as garnishment of wages, property lien, or account levy (where allowed by law, which varies by state)

You will not go to jail/prison for not showing up, debts are civil matters not criminal so you don't need to worry about that.

JCEMT · 01-11-2008, 12:01 PM

However, the way they treated you was wrong, debiting other peoples accounts for debts that were not theirs without any authorization. That is theft (which you can press charges for) and telling you that your going to jail for fraud, a debt collector may not imply that you have committed any crimes nor tell you that you will be arrested/imprisoned. You can file civil suit for $1,000 in statutory damages + punitive damages, court costs, and attorney fees via civil action.

That's about all the advice I can give you at this point. If you have any additional questions feel free to ask and I or someone else will be more than happy to answer them to the best of our ability.

01-11-2008, 03:35 PM

What advatages will I obtain by hiring an attorney? If Palisades has already filed an judgement I still until January 21st to file and asnwer...

JCEMT · 01-11-2008, 05:47 PM

Tina, unless they have already sued you and won, they can't file a judgment. Judgments have to be awarded to them by the court. You can check your local small claims court (or circuit court depending on the amount of the loan and/or how your county deals with these suits) to see if a suit has been filed against you or if there has been a judgment.

Law Student · 01-11-2008, 10:06 PM

Tina, call the court clerk and get a copy of the filing. I don't know what state you are in, but in some, collectors can't file in small claims court.

To the other poster: Have your parents report this unathorized debit to the bank. They will then have 45 days to investigate this. If nothing is done, they can sue the collector and the bank.

01-11-2008, 10:28 PM

Sorry for the confusion they have sued me and they are seeking a judgement. What are the advantages of getting an attorney the balance is 5100.

JCEMT · 01-12-2008, 06:30 AM

The advantage of seeking legal council is that you will have someone representing you that know all the ins and outs of the judicial system.

Make sure you request validation in court as well. You can do so in a motion to show cause during discovery. If they can't show cause motion for the case to be dismissed with prejudice.

01-12-2008, 10:06 AM

"After your answer, a court date is usually set. Be sure to answer, because if you don't, they might be awarded a judgment by default. After answering, as a part of the discovery phase, send letter (certified return reciept) demanding strict proof of how they calculated the debt, who owns the debt, and your contractual obligation to them. In Texas this will probably be in District Court, as that state's code dosn't permit collectors to sue in small claims. As to your card, I don't think they could garnish or levy a prepaid card. Don't volunteer information about it unless you are deposed and asked."
lawstudent, in this previous reply (above), you said collection agencies cannot file a claim in texas. i checked with my justice of the peace's county site and it is stated there also if i am reading it right.
i was sued by Palisades and a default judgment was granted as I did not know anything about this claim they filed. i received nothing, no summons, etc. but the first sentence of the judgement i DID receive after the fact states, "In this cause, Plaintiff appeared through attoney of record". what does that mean? and how did this allow a collection agency to file against me?
i have another thread in this forum but have had two of the posts disappear (did not show up) so i thought i would try here.
this is so upsetting and just don't know what to do now. I can see that Palisades is hard to work with and i have so many questions what to do since this judgement happened. I just got notice of it yesterday (1/11). thanks

JCEMT · 01-12-2008, 10:39 AM

Attorney of record:
the attorney who has appeared in court and/or signed pleadings or other forms on behalf of a client. The lawyer remains the attorney of record until some other attorney or the client substitutes for him/her, he/she is allowed by the court to withdraw, or after the case is closed. Sometimes lawyers find themselves still on the record in a case (such as divorces) which they believe have long since been completed

Law Student · 01-12-2008, 04:52 PM

Ask the court clerk when and how your were supposedly served. The might have tried to serve you at some other address, and when unable to do so, did a service by publication, which is very common in your state.

01-12-2008, 07:48 PM

so publication means in the newspaper? as no i did not receive any notice at all. am home all day and no one came. should i try to check the local newspaper to make sure i was served that way then? thanks

JCEMT · 01-12-2008, 08:32 PM

service by publication? What if the person never reads the newspaper? That sounds like it could easily get vacated due to dysfunctional service. Also if anything in the attorney name indicates debt would it not be a third party disclosure?

Law Student · 01-12-2008, 09:52 PM

That's a good point about third party disclosure, but, those by publication don't go into a lot of detail. They're almost a form letter starting with what the state requires "You are being sued. You have the right..." and then the name, address and phone of the plaintiff's attorney. They state the plaintiff's name/ or company and how much they are suing for. To be fair, that's why it is in code that the defendant (or Respondent) can file a motion for new trial due to process by publication. I'm surprised that all this hasn't been challenged. If it happened to me I would, and through the third party disclosure at them.