palisades collections LLC
Date: Thu, 08/16/2007 - 13:34
Anybody can sue anybody at anytime for anything. It doesn't mean
Anybody can sue anybody at anytime for anything. It doesn't mean they should or that they can win! It is surprising that there has been no prior contact. Sometimes in my experience collectors will call and hang up on a machine then it is recorded in a phone log as a call with no return call. They will use this in court to show that you never called them back although you never knew they called. It is important that you show up in court or you will lose by default. I would recommend that you visit www.budhibbs.com and go to the "agencies to avoid" list. You will find Palisades listed there and read about what bottom feeders they are. You may even email Bud and ask his advice in your situation. He is an NACA Lawyer and a real consumer advocate. Very responsive with good knowledgeable advice. How long before your court date. If you have time send a debt validation letter to Palisades. State in the letter that the summons was the first contact with them. They have to respond. If you court date is very close write to the Clerk of the Court and request a continuance to allow you time to prepare and to seek counsel if neccessary. Tell us what state you are in and hopefully someone with experience in your state will offer some advice.
They can sue you, but it does not mean that they can win a judgm
They can sue you, but it does not mean that they can win a judgment against you. To win a judgment, they need enough evidences to support their position. I agree with frogpatch, you have to show up in the court. Your absence might go against you
Best of luck
Nelly
Palisades
I know they can sue but I thought under the law we had 30 days to request info. They just showed up on our door step with a lawsuit. Is this an end run around the law? There are lots of laws about how they contact you but none it seems on not bothering to. It looks like they are working in a gray area to me. To answer frogpatch we live in Iowa.
fake court papers folks
I had a lady call me about , one of these collectors at her door giving her court papers THEY ARE FAKE PAPERS FOLKS i have seen them they aren't even from the courts,there is no date for the court,some of the information has been blurred so you can't read it so look them over they are just scaring you. These papers are NOT REAL just a hoax to scare you into paying. I told the lady when she got to work the next day file on them for trespass and not serving properly, they have to serve you with a officer of the court which is here in Texas sheriffs department.
Also put them in jail if they show up again.
So look things over also call a consumer attorney and have them closed up and put in jail
Mark
can they sue
Yes, they can sue you, and they might win, so you need to take action to protect yourself.
The summons will probably be considered a "communication" under the FDCPA, so you can now request verification, etc., but the legal process will move along different lines than the debt collection action. Some courts have held that where you request verification the debt collector is not allowed to take further action against you until the debt is verified.
But meantime you better go to court and take action. Failure to show up will almost certainly result in a default judgment against you.