Palisades Won't file Satisfaction of Judgement with Court
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#17
03-10-2009, 12:32 PM
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I'm not sure.. On mine it was the Collection agency that did the Orginal judgement that reported on mine.
Since Palisades shows, I would dispute that entry with the CBR's as PIF. As for the judgement, go ahead and do what you had planned on. I thought maybe they had reported it to the CBR's. 
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#18
03-10-2009, 01:55 PM
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Unfortunatly my motion is supposed to be brief. It's hard because I have so much I want to say. Skydiver what do you think?
MOTION AND ORDER TO SET ASIDE DEFAULT JUDGMENT UNDER PENALTIES OF PERJURY, I DECLARE THAT THESE STATEMENTS ARE TRUE AND CORRECT. I XXXXX(Sis) , am the * Plaintiff/Petitioner *Defendant/Respondent in above captioned case. The Judgment was entered against me on (date) 9/22/08. I did not * file a written response OR appear in Court on the *date of the trial or the *date of the entry of judgment because: This debt was settled and paid in full to the plaintiff prior to appearance date and a written agreement and stipulation was obtained by me from the plaintiff stating that they would be dismissing the case with the court. Plaintiff's attorney told me that I would not need to appear in court because the case has been settled with them. My refusal to take such action in this case has resulted in and is inconsistent with substantial justice. I believe I can provide the following facts to prove my case or to establish my defense: The plaintiff's action of proceeding with a lawsuit against me even after they admitted being paid in full is no less than fraudulent. The following documents can be used to establish my defense. Settlement conformation agreement letter from plaintiff dated 8/26/08 Conformation for authorization to withdraw payment letter from plaintiff dated 8/26/08 Receipt of payment in full to the plaintiff on 8/27/08 Stipulation Letter from plaintiff dated 8/26/08 Stipulation for judgment upon default dated 8/26/08 Paid in full Letter from plaintiff dated 9/4/08 that states that account has been settled in full on 8/27/08.
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#19
03-10-2009, 02:10 PM
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Unfortunatly my motion is supposed to be brief. What do you guys think? (Skydiver). Look good?
 MOTION AND ORDER TO SET ASIDE DEFAULT JUDGMENT UNDER PENALTIES OF PERJURY, I DECLARE THAT THESE STATEMENTS ARE TRUE AND CORRECT. I XXX(Sis) , am the * Plaintiff/Petitioner *Defendant/Respondent in above captioned case. The Judgment was entered against me on (date) 9/22/08. I did not * file a written response OR appear in Court on the *date of the trial or the *date of the entry of judgment because: This debt was settled and paid in full to the plaintiff prior to appearance date and a written agreement and stipulation was obtained by me from the plaintiff stating that they would be dismissing the case with the court. Plaintiff's attorney told me that I would not need to appear in court because the case has been settled with them. My refusal to take such action in this case has resulted in and is inconsistent with substantial justice. I believe I can provide the following facts to prove my case or to establish my defense: The plaintiff's action of proceeding with a lawsuit against me even after they admitted being paid in full is no less than fraudulent. The following documents can be used to establish my defense. Settlement conformation agreement letter from plaintiff dated 8/26/08 Conformation for authorization to withdraw payment letter from plaintiff dated 8/26/08 Receipt of payment in full to the plaintiff on 8/27/08 Stipulation Letter from plaintiff dated 8/26/08 Stipulation for judgment upon default dated 8/26/08 Paid in full Letter from plaintiff dated 9/4/08 that states that account has been settled in full on 8/27/08. __________________________________________________ __________________________________________________ Dated: 3/10/09 ______________________________________
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#20
03-10-2009, 04:57 PM
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ok, for the most part it looks good. A couple thoughts....
first of all, do NOT dispute this with the credit bureaus yet. You may have some leverage with the fact that they are still reporting a debt owed. Question there--when you say they recently reported a balance still owed, what was the last date they updated it? If they updated it after you paid in full, and it still shows a balance due, then you dont need to dispute the debt, you need to take them to court and let them pay you a good bit of money for their stupidity. Seriously. More on that later.... On to your brief... I would write it basically like this: [img]/forums/attachments//bsm1_964.jpg[/img]
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#21
03-10-2009, 05:31 PM
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After reading thousands of words in the previous posts I have only a few to say about this.
You can find a lawyer without having to meet him or her face to face. I have two who have done s terrific job for me in two different areas. I have never had to pay out of pocket and I have gotten one of them several other clients from this site as a result. You do not have the expertise to follow the advice of all the legalspeak mentioned above and I doubt you have that much time on your hands without paying in blood, sweat, tears and your reputation at work. The FDCPA does allow for a 1000.00 penalty for each violation as does the FCRA. Palisades will not step foot in a court room if you have an attorney. They will definitely show up if you do not have one. Why gamble without an attorney if you can afford one which you probably will not have to pay anyway. If you read about Palisades they cave when there is an attorney representing their prey! The choice is yours but to me it is an obvious one in your case! __________________
Escape the Payday Loan Trap http://tinyurl.com/pdltrap Looking to Make Extra Internet Cash? Avoid the trash! (MLM) New I Marketer has all you need to succeed! http://tinyurl.com/newimktr Follow me on Twitter www.twitter.com/frogpatch
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#22
03-10-2009, 06:04 PM
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I, (the lamb) unlike many others (or like many others) who have NO CHOICE but to TRY to kill the lion in the court room. For people like ME, we appreciate the information given by skydiver! I have exhaused my efforts to obtain an attorney and have NO OTHER CHOICE other than TRY to win on my own behalf. I do realize that there is a possiblity that I may not prevail, but at least I can say "I TRIED." If I do not prevail then I can accept it better without as much regret. A lawyer would sure be nice but I since I have NO CHOICE I CAN/WILL, READ, LEARN and use the law to represent myself in a court of civil law. If I can do it anyone CAN!
Please don't be afraid to give your legal opionions, they are helping me.
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#23
03-10-2009, 06:17 PM
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FYI - They updated the debt with a balance of $824 still owed on the debt as of 12/2008. This was updated on my Credit Reports AFTER settlement was paid in full. $824 is the difference from what they were originally claiming I owed. I settled the debt for less than the original amount claimed and it WAS what I feel I actually should have owed and paid on the account. Now, I feel that I never should have paid anything to these people, it did ME no bennifit.
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#25
03-11-2009, 07:41 AM
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and just because you settled with them (paid less than owed) doesn't mean that they ever intended to be removed from your credit bureau reports .... Sis if you PM me I will give you my attorneys information, maybe he can help you.
__________________
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#28
03-11-2009, 12:44 PM
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and I can't post his info on here, advertising is against the site TOS ... just register, it is free, quick and easy!
__________________
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#29
03-11-2009, 12:47 PM
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registering
I am still a noob here, sorry... I only have 4 debts. I paid one of them, (not very well obviously) fighting another one (likely to win with ease) and the other 2 are past the sol. Am I really a good canidate for credit counseling?
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#30
03-11-2009, 01:14 PM
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I didn't opt for the credit counseling because #1 I had already paid all of my collections and had no intention of settling anything and #2 am a do-it-yerselfer. You can sign up and opt out of the counseling.
__________________
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