Texas Judgment, Palisades, Wolpoff & Abramson

oh and sorry palisades is the one that filed against me for this debt and won the default judgment. important detail i left out. der :oops:

Honestly, I would still send a letter to the court, giving the case # and details, and requesting that the court vacate the judgment due to improper service. You cannot be expected to show up to court if they dont tell you about it.

Also, I may be wrong in this, but an appeal is one thing--but the plaintiff acted illegally by not serving summons, and possibly acted illegally again because they must be able to show the court that you were served. I would give that a shot anyways, since you were never served and couldnt possibly have known about it.

At this point, what do you have to lose?

Oh, one more thing--go to budhibbs.com and send him an email through his website. He specifically has a banner on there right now that is directed at people in TX who have been contacted or sued by several different CA's and attorneys, and Palisades is on that list. Again, you dont have anything to lose at this point, so go for it and let us know what happens.

thx skyiver any good form letters on here that you know about that would be suitable to the court if i decide to try to do this?
if i could get them off my credit that would be great but don't think it will do any good. as it happens the justice of the peace (yep thats whose court it went thru) that signed off on this judgment is running for re election right now lol.
anyway i will not pay them for this debt. long story but don't care if my credit is affected either at this point. but if i could get the judgment vacated that would give me soooo much personal pleasure.
also, the judge allowed them to increase the amt with an 7.25% apr and this letter today already has increased by about $100 which would be about the right amt per year. what is your opinion about that?
and i will go to buds site and see what they say.
let me know. thanks

i have written to bud hibbs now and will wait to see if i get a response.
but should i even respond to this letter from wolpoff & abramson? if they even try to subpoena me to court for a deposition, if i don't show up how is this treated? is a warrant out for me or is it just like a summons i never got? what happens does anyone know?
if they do not have my social can they find out anything about me financially?
has anyone dealt with this kind of thing before?
i won't pay palisades but don't want to be in trouble with my court system/government. remember i am in texas. has anyone ever been involved a deposition of this sort? does palisades have to actually show up in court this time?
any thoughts?
thanks

ok, I replied to you in the other thread. As far as if they serve a subpoena on you, you will be charged with failure to appear and a bench warrant will be issued for your arrest. at this point, I am hoping that Bud Hibbs gets back to you ASAP so he can give you better advice than I can--after all, he is a texas attorney...and I am not.

I would write that letter to the court about the judgment, and make request for vacating it on the grounds of improper service. Inform the court that you were never notified of the complaint filed against you, never received anything by certified mail, were never personally served a summons on the complaint, and therefore were denied your right to due process because of plaintiff's failure to ensure service of the summons. If you like, I could write up something for you, just let me know.

yes thanks sky i got your reply about texas rules of service. and am looking it over.
but since i am definitely unsure about the law, i hope i am looking at the right thing. it says basically that anyone over 18 can serve me. the court clerk told me that palisades "hired" someone down here to serve me and she gave me a #800 which i called and i sat and listened to music for a bit. hung up as i am sure it was a line to palisades and did not want to talk to some teenager about any of this.
they did not serve me nor did i receive anything, registered or otherwise in the mail.
i doubt if the judge will even take time to consider this. especially since its been 6 weeks since the judgment. and probably lumps me into a pile of people who deserves what they got. sorry alittle jaded about all this now.
if he vacates i will not have to deal with palisades in the courts ever again about all this?
or will the judge call us into court again?
remember this is a justice of the peace court.
and yes a letter would be great thanks for your efforts and trouble.
oh and if they do not have my social can they find out anything about me much financially? do you know? thanks again

Do you remember that 800 # or do you have it written down somewhere? If so, post it here and I will check it out for you.

I am not so sure that the judge wouldnt even look at this--the law is the law, and if worse comes to worse, you could go to naca.net and inquire about an attorney in your area---many of them offer free consultations and they can tell you more about what you can expect than I could. But I think that people have successfully had judgments vacated before when the request to vacate came years after the judgment, so dont count anything out yet.

If the judge vacates the judgment, I believe that they can sue you again. If you get a case dismissed "with prejudice" it means they cannot sue you again, but not sure about vacating a judgment, if it is the same or not.

I dont know about finding out your financial info without a social, I would presume that they could not, but then again, I would also expect that someone who would sue you over a financial matter should have your SSN already.

I need to run out in a minute, my wife and I are leaders of my daughter's girl scout troop and the GS cookies came in today, so we are heading out in a bit to go pick up something like 100 cases of them.....God help us!! We should have made a bet to see which one of us would be the first one to open a case for a little on-the-way-home snack....

When I get back on I will try to put something together for your letter. Its no trouble, glad I could help!

clerk said it was served by a product processer hired by "attorneys" office and # was 800 830 2793.
can you ask to vacate with prejudice?
oh and got a terse quick reply by bud hibbs site to go to the naca site and get a lawyer...okie dokie. but will check out and see if someone will help pro bono so to speak.
ok and thanks again and good luck with the yummy cookies. :hug:

ok, the number you gave me was to the attorney's office that sued you. This whole thing seems really fishy to me--its a little bit too "in-house", if you knwo what I mean. They give you a number to reach the process server and it turns out to be a number right back to the lawyer.

I did a little searching, and there is a thing as "vacate with prejudice", but you would have to show good cause for that to happen. Honestly, at this point, I dont see that you have sufficient cause to ask for that....

there has been no validation request, so we dont know what documentation, if any, they have on the debt. What can you tell us about the debt? Do you know anything about it, the original creditor, the amount, the age? If you do, the more you know, the closer we would be to answering the question of prejudice or without prejudice.

okay will have to get back here later have to run an errand and will give more info then...frankly as i said i don't think the judge will really consider that what was the name of the attorney and was it a texas lawyer?
as the letter i received from wolpoff & abramson went thru a irving texas lawyer but can't remember who is who right now and will let you know. please check back later sky and thanks

unfortunately i didn't know anything about validating a debt until i found this site after the judgment.

and i checked the letter that wolpoff & abramson sent (op) and that ph # i gave you above, the # the clerk provided and the # listed on the letter is one and the same.

oh yeah it was fishy "smelling" the day the clerk told me that. this firm is a member of a national collection attorney network firm, the letter heading states but local to me. the envelope to return the personal info (as if) and/or a payment tho, is addressed to an address in maryland but has wolpoff & abramson on it also. confusing but i am sure all this is just barely legal.

the sol on this debt only had a few mos to go. the oc was household bank credit card-just a reg. cc. the original ending bal. was about $475 and had grown by court time to 1107 and per the letter is now 1201. which is more than the court allowed for annual int (7.25%) so don't know what they are adding on.

i don't want to pay these idiots. the little i could pay each mo. (which they would not agree to i am almost postitive) would not even make a dent and this would go on forever. which is the intention i am sure. and i think they are hoping that i am scared enough to pay them as i really do not have anything they can get. i am really a poor person. but have been researching. texas is a good state to live in as far as all that is concerned. once i start paying i'm stuck with it and they will latch on like leeches.

something i just now found about w & c on bud hibbs site...he seems pretty upset about them but when i wrote bud about them they didnt spend two seconds on the reply
more scum for the bottom..hope this didn't come out as a link tried to make it not one.

budhibbs.com/debtcollectorpages/wolpoff_
abramson_bud.htm