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I really need help fast!

Date: Fri, 11/03/2006 - 10:00

Submitted by Debsher59
on Fri, 11/03/2006 - 10:00

Posts: Credits: [Donate]

Total Replies: 15


I have a big problem and hopefully someone can help me with it. Back 2 months ago, I received a summons to appear in court in Sept because I was being sued for an old ATT wireless bill by Palisades Collection. This was the first I had even heard that this collection had the account nor did I remember ever having this account but i ignored it and decided to go to court. I went to court that day and told the Judge that the account was unfamiliar to me and the first I had heard of it was when I was served the summons. He said that I should have sent back something to let the court know that I was contesting but since I didnt he would reschedule the court date. I was notified that the new court date is in 2 weeks, so I called Wolpoff and Abramson, who is handling the case for Palisades, to ask about this debt and I will admit after speaking to her, I remember the service, but the amount is in question. She refused to answer most of my questions, she just kept on saying we will see you in court. At the end of the converstion, I asked if we could settle this debt and she refused saying no it is too late for that, we will see you in court. Now I have no idea what to do to prevent a judgement on my credit report. Can anyone please help me??

Debsher


Hi Debsher59, welcome to the boards, many will offer great advice here but for now this is my suggestion
You need to send to them a debt verification letter, you can use this one that I have on file. Document everything. Good luck and keep posting

Quote:

Company Name
Company Address
City, State & Zip

Date

RE: Account No. If Available


Dear Sir/Madam,
I received the following letter in my postal mailbox on (date) and would like to notify your company that your claim is disputed.

In accordance with the fdcpa, I have the right to request for a validation of my debt. This is asking for proof regarding this and verifying the same.

Please attach copies of the following with the reply:
1. The agreement which authorizes the creditor to collect debt on the alleged debt.
2. The signed agreement from the debtor conforming to pay the creditor.
3. The documents regarding the payments made on this account validating the amount.

With regards,




Your signature

Your name and address


lrhall41

Submitted by PDLFREE on Fri, 11/03/2006 - 10:45

( Posts: 1245 | Credits: )


I dont believe I have time for that as court is in 10 days. Any other suggestions? I really am starting to worry.


lrhall41

Submitted by Debsher59 on Fri, 11/03/2006 - 10:50

( Posts: | Credits: )


Can you contact AT&T and work out some payment plans with them. If they agree to your arrangements, you'll be able to prove in the court that the matter is being taken care of directly with AT&T. The original company will be able to collect the payments from you unless they have sold your file to the CA.


lrhall41

Submitted by onelamb on Fri, 11/03/2006 - 11:04

( Posts: 433 | Credits: )


Send the letter via FEDEX. Also call back and ask to have the call recorded.

Tell them, "I'd like to record this call to show the judge that I'm asking for validation on this debt, and my previous call was ignored by so and so. Do you Mind Mr______?"

Even if he says no as well, it'll show the judge that you made your attempt. If the person on the other end doesn't mind, because what he can provide is positve feedback, or even the validation you're looking for...then there shouldn't be any issues about recording a call.


lrhall41

Submitted by Teleport on Fri, 11/03/2006 - 11:11

( Posts: 1388 | Credits: )


first: call AT&T tell u did'nt remember the service and perhaps WHY. then explain the amount in question. now look for and bills or anything that might still be around so u have som kind of recall to talk to them. by chance do u remember the date or year or address or state/city u were living in at the time. if so please message me right away to i can run u through a short proccess to verify that u have the correct amount. it is a very useful tool to know.


lrhall41

Submitted by on Mon, 11/06/2006 - 02:29

( Posts: | Credits: )


AT&T Wireless is no longer in existence. At this point you have no choice but to go to court. This isn't necessarily a bad thing. I can just about guarantee you that this CA does NOT have back up documents that prove the debt is valid. I could also guarantee that AT&T didn't give this bill to them...Cingular Wireless did. Even in court they have to show a signed contract, bills, payment history and so forth. The Judge isn't going to accept a computer print out unless you just sit there and agree. They have to prove the amount they are looking for is accurate and in fact yours. Remember, again even in court, they have the burden of proof, not you. Oh and most of the CAs hope they run into folks who aren't educated and who will just back down in court. You be sure to tell the judge you asked for proof and they wouldn't give it to you and you have no clue what all the fuss is about because you were denied the information to defend yourself.

Relax...breath...go to court and be strong.

One other thing, you can ask the court for another continuance because you have had no luck validating this debt and need more time to find information. It is worth a shot.


lrhall41

Submitted by sday1111 on Tue, 11/07/2006 - 16:42

( Posts: 16 | Credits: )


I heard that ATT Wireless is back. They called me wanting me to resume my cell service. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Tue, 11/07/2006 - 17:00

( Posts: 2477 | Credits: )


I have heard that AT&T took over bell south phone company I don't know if any of this info helps ,I hope it does.


lrhall41

Submitted by on Tue, 11/07/2006 - 17:33

( Posts: | Credits: )