Palisades Won't file Satisfaction of Judgement with Court
Date: Mon, 03/09/2009 - 15:46
Can someone tell me the reason for why they refuse to do as they say they will? How on earth do I fix this. The court clerk says that Palisades has to file the satisfaction of judgement. What can you do if they refuse?
Hire a lawyer and sue them. You can also dispute it with the CBR
Hire a lawyer and sue them. You can also dispute it with the CBR.
Why would you not show up for the court date if you had already paid the debt. You would've had to show the judge proof that you did.. but at least this way, you wouldn't have a judgement against you.
Sorry I just wouldn't have trusted a collection agency to do anything. I would have showed up in court with all my paperwork, showed the judge I had already paid them in full, and let them deal with it.
Unfortunatley, I was not savey with CA's back then. Palisades l
Unfortunatley, I was not savey with CA's back then. Palisades lawyer was vey nice, led me to believe without a doubt that they would be dismissing the case and told me that I did not need to show up for the court date.
I do have money to hire a lawyer but there's only one consumer debt lawyer (an hour and a half away) and his assistant told me he's not taking cases right now. I will call him again and see if he will let me explain my case.
If I can't get a lawyer to help me, does anyone have suggestions for what I may be able to do about this myself? If Palisades won't file the satisfaction of judgement with the court, seems I should be allowed to do something about it.
Honestly, I would write a letter to the court at this point, and
Honestly, I would write a letter to the court at this point, and it would basically look something like this...
Quote:
Date Case number To Whom it may concern: This notice shall serve as my petition to the court to have the judgment vacated in the above-noted case. The plaintiff filed suit against me on (date), seeking the sum of (amount). Judgment was entered against me on (date) for said amount. Enclosed with this notice is a copy of a letter I received from plaintiff on (date of letter), clearly showing that this debt was paid in full before the date of judgment. Prior to the date of judgment, plaintiff informed me at the time they sent the paid in full letter that they were going to have the case dismissed. Obviously, they chose not to do so. Their action of proceeding with a lawsuit against me even after they admitted being paid in full is no less than fraudulent, as well as being a violation of the Fair Debt Collection Practices Act. Over the last several months I have repeatedly been in contact with the plaintiff. Each time, I have been promised that they were going to file a satisfaction of judgment. However, they have up to this point also refused to do so. At this time, I am not seeking for the judgment to be reported as satisfied, because the judgment was obtained fraudulently and never should have been placed against me in the first place. Of course, this judgment severely impacts my credit rating, which also puts the plaintiff in violation of the Fair Credit Reporting Act. Their repeated refusal to accurately report to both this court and to the credit reporting agencies the proper status of this debt is adversely affecting my credit score. Due to the correct status of this debt, and due to the plaintiff's fraudulent and deceptive handling of this matter, I therefore ask that the court vacate and set aside the judgment against me and consider this matter dismissed. I also ask that the court reflect this change on any of my credit reports that the judgment may have been placed on. I am also enclosing a copy of the receipt showing the date that I paid the plaintiff in full. |
I would send something like that to the court, certified mail. I would then file a lawsuit of my own against them. You would have to do those two things separately like that, because the law holds that any violations they have committed do not reflect anything about your obligation to pay a debt. I would file a lawsuit based on the following:
1--FDCPA violation because they used a deceptive practice--lying to the court and proceeding with judgment when the law would not have allowed them to do so if they told the truth in court.
2--FCRA violation--if they have not reported this as paid on your credit reports, meaning if they are still reporting that you owe the debt on your credit reports, then they are violating the FCRA.
FCRA violations are the big ones, they allow up to $1000 per violation. FDCPA violations allow you to sue for up to $1000 total no matter how many times they broke that law. I would sue them for both in the same complaint. At this point, I would personally not even use an attorney, but I have studied the law and am quite comfortable with it......you may not be. But in either case, it is simply a matter of handing the judge the documents showing the following timeline:
1--they sued you.
2--you paid the debt in full.
3--they sent a PIF letter to you and promised to dismiss the case.
4--they lied to the court and didnt disclose that you paid the debt, thereby securing a fraudulent judgment against you.
5--over several months, you have repeatedly demanded that they fix their mistake, and they have so far refused to do so.
All you would need for documentation are the following:
1--copy of the court judgment
2--PIF letter
3--receipt for the payment you sent them
All you need to say is "look at the dates....clearly I paid before date of judgment. Clearly, plaintiff in that case admitted that I paid before the date of judgment. Also clearly, they chose to lie to the court and withhold this information. This violates the following sections of the FDCPA--
1--806, because their action has caused harassment and undue oppression in that my credit score has been fraudulently lowered due to their dishonesty.
2--807, false representations, because they have falsely represented this debt as still outstanding when it was admittedly paid off.
3--808, unfair practices, because after being paid in full the plaintiff continued to seek judgment. This can be considered a bona fide attempt to get paid twice for the same debt.
Well, as you noticed, I tend to get a bit detailed, but you get the idea. Then of course, if they are wrongly reporting on any of your credit reports, this is the time to find out ASAP....and for each violation, seek $1000.....for example, if they are reporting on all three of your reports that this debt is still owed, that's $3000 right there.
Dont let them get away with a slap on the wrist, this is worse than any deception a debt collector can pull! They got paid, and now all they are doing is trying to screw you over. DO NOT let them get off easy on this one. If you want, we can always prepare information for you, so you can take them to court without a lawyer. We have done it before with satisfactory results. Now, note this, I am not an attorney, and I do not at any time represent myself to be one, but if you want suggestions you can have those for free!
While a letter might work for a CA, I doubt it will work for a c
While a letter might work for a CA, I doubt it will work for a court. The clerk in the mail room or the judge's asst would likely just toss it out, do you realize how many letters judges get in a day from someone pleading their case? I would file the necessary paperwork with the courts yourself. Call the Clerk of Courts in the county that it was filed with and petition the court that it was filed improperly, and attach whatever documentation you have showing that the debt was satisfied and the CA refuses to release judgment.
The courts will likely take you seriously once you file the necessary paperwork (and official ones rather than just a letter)
WRONG sktdivr!! The FDCPA allows a judgement for every violation
WRONG sktdivr!! The FDCPA allows a judgement for every violation for 1000.00. I have been down that road with an attorney and won. Also it is not a good idea to give legal advice to a person to go into court without an attorney. You may be equipped educationally and with the experience to handle yourself with self confidence in a court room against an attorney with years of collection experience, which I seriously doubt, but please do not advise a lamb to face a lion in the court, where they would stand as much chance as you would stopping an NFC linebacker from sacking your quarterback. I am sorry but we are here to help people in their situations but not to give legal advice for which we are not qualified. No love lost. Just my opinion!
And I completely edited my post.. as I believe frogpatch was tal
And I completely edited my post.. as I believe frogpatch was talking to skydiver and didn't' see it lol apparently it's my bedtime.
Quote:While a letter might work for a CA, I doubt it will work f
Quote:
While a letter might work for a CA, I doubt it will work for a court. The clerk in the mail room or the judge's asst would likely just toss it out, do you realize how many letters judges get in a day from someone pleading their case? I would file the necessary paperwork with the courts yourself. Call the Clerk of Courts in the county that it was filed with and petition the court that it was filed improperly, and attach whatever documentation you have showing that the debt was satisfied and the CA refuses to release judgment. The courts will likely take you seriously once you file the necessary paperwork (and official ones rather than just a letter) |
Yes, I am aware of the order to show cause, but believe it or not some people on this very forum have simply written letters to the court and gotten results just fine. If a letter doesnt do the trick, the option is always there to petition the court with the order to show cause. I have personally written letters for a couple people here that they then sent to courts and got judgments vacated. You have to realize that the average person who has no education in "legal-speak" might not be taken seriously....but that doesnt mean that no one will.
Quote:
WRONG sktdivr!! The FDCPA allows a judgement for every violation for 1000.00. I have been down that road with an attorney and won. |
Yeah, well, if you want to file a complaint for each one, then yes. But considering the weight of what's happened here, I dont feel that pursuing such a thing would work well, since the same act violates three different sections of the same law the court is not likely to allow you to file three separate suits to try to milk the money so to speak. If they had committed a half dozen separate acts, sure....but the one act of pursuing a judgment after PIF is likely to be heard only once by that court.
Quote:
Also it is not a good idea to give legal advice to a person to go into court without an attorney. You may be equipped educationally and with the experience to handle yourself with self confidence in a court room against an attorney with years of collection experience, which I seriously doubt, but please do not advise a lamb to face a lion in the court, where they would stand as much chance as you would stopping an NFC linebacker from sacking your quarterback. I am sorry but we are here to help people in their situations but not to give legal advice for which we are not qualified. |
Please point out where I recommended that this person go to court without an attorney? Please show me where I advised such a thing. In fact, I didnt......
I DID, however, say this:
Quote:
At this point, I would personally not even use an attorney, but I have studied the law and am quite comfortable with it......you may not be. |
I made it quite clear what my personal preference was, and why. That does not in any way say that anyone could go to court without an attorney, or that anyone else should. I also have had multiple successful court experiences without an attorney, and thats where my being comfortable comes from.
I then went on to offer options....because he had already expressed difficulty in finding an attorney. I did not at any time tell him to go to court on his own. I said that I was not an attorney, but IF HE WANTED we could give suggestions. Truth be told, you should know better, because you have already seen me suggest plenty of times that someone speak to an attorney. I offered the same suggestion that you and many others have offered to people here time and again. So, I fail to see what the issue is with me saying that. Please, for the sake of helping others, dont read more into my posts than what I put into them.
Skydiver, I am learning so much from you here. I also realize t
Skydiver, I am learning so much from you here. I also realize that you guys are here for informative purposes not legal advice. I can read my own state county court room procedures and state statutes myself and get my legal advice from those. I am greatful for the information provided by you.
I found this rule in my Colorado county court Rules:
(vacating and setting aside judgement may not even be possible, I will look further into this tommorrow)
Rule 361. Harmless Error
No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.
there's your way in right there--- Quote:unless refusal to ta
there's your way in right there---
Quote:
unless refusal to take such action appears to the court inconsistent with substantial justice. |
one could easily argue that it is quite against substantial justice to order a judgment against you for a debt that you can prove was already paid in full. The whole purpose of a judgment is to give the plaintiff a means to collect money that is legitimately owed, and proving that you paid the debt in full means that not a penny was owed anymore. I would argue the fact that in any such debt collection case, if this evidence were brought to light that the debt was already paid in full, the case would be dismissed for that reason. That is very important because it illustrates that you are only asking for the same justice that the court routinely is obligated to render, and that you are not looking for any special exception.
More--
[quote]The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties. [/quote]
The judgment most definitely affects your rights. Anywhere else you go in this country, when proven not to owe a debt you shouldnt be forced into judgment on it or be forced to pay it. If it were me I would point out these things. If you were looking for a special circumstance or favor, I think you would have a harder time, but I cannot imagine a court having a problem digesting what took place here.
Sis what state do you live in? I obtained a consumer rights att
Sis what state do you live in? I obtained a consumer rights attorney on retainer, we handled everything over the phone and email, he lives in a different state than I do. Palisades is horrible to deal with, but I just won a judgement against them!
CA's really do have the upper hand don't they. I've called the
CA's really do have the upper hand don't they. I've called the Colorado Bar Assoc. and every lawyer referal service in my area and.... nobody. As I am unable to find a consumer rights lawyer to assist me in filing a lawsuit against this CA, I feel I will be unable to successfully prevail against them and they will be getting away with violating my civil rights.
I checked with the court and I can and I will be filing a motion to set aside and vacate judgement with the court for this case. At least thier is a possibility that something good will come of this. Thank you for the information that has lead me in the right direction.
Sis, also if it's reported on your CBR's you can always dispute
Sis, also if it's reported on your CBR's you can always dispute it as well. I thought about that this morning. When you dispute it, mark "Paid in full". Though not sure if they go to the courts or the orginal creditor when it's a judgement involved.
I was wondering about that too. Who exactly places a judgement
I was wondering about that too. Who exactly places a judgement on to your CR? Skydiver said to mention in my petition to the court, " ask that the court reflect this change on any of my credit reports that the judgement may have been placed on." Does the court report judgement to the C.B?
FYI-I was just going to leave that part out of my motion to the court anyway because my CR shows no judgement on it. All of my CR's do show that I still owe money to Palisades though, recently reported.
I'm not sure.. On mine it was the Collection agency that did the
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.
Unfortunatly my motion is supposed to be brief. It's hard becau
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.
Unfortunatly my motion is supposed to be brief. What do you guy
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 ______________________________________
ok, for the most part it looks good. A couple thoughts.... f
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:
After reading thousands of words in the previous posts I have on
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!
I, (the lamb) unlike many others (or like many others) who have
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.
:)
FYI - They updated the debt with a balance of $824 still owed on
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.
does the letter from them say anything about how they will consi
does the letter from them say anything about how they will consider this matter finished? do you have it in writing that if you pay XXX amount, they will consider it paid off?
and just because you settled with them (paid less than owed) doe
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.
Sis, you have to register for the site in order to PM someone.
Sis, you have to register for the site in order to PM someone.
and I can't post his info on here, advertising is against the si
and I can't post his info on here, advertising is against the site TOS ... just register, it is free, quick and easy!
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?
I didn't opt for the credit counseling because #1 I had already
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.
registered
FYI - I guess I'm not sis anymore. I'm I Poured now. I still can't figure out how to pm you.
you should be able to click on my name, then send Private Messag
you should be able to click on my name, then send Private Message I think?
no, I found it, when you look at one of your posts, the bottom l
no, I found it, when you look at one of your posts, the bottom left corner has a profile button and a pm button ... I'll PM you though!
PM
Yes I did! I just got off the phone with him (your recommended attorney) he was VERY nice and is going to find someone here in Colorado to help me. Within 24 hours he said! I hope he can find someone for me. I thank you sooooooo much! I will keep you posted.
I am so glad you are getting closer to getting representation. I
I am so glad you are getting closer to getting representation. I wish you well! I am working on developing a site where NACA lawyers or others who work on contingency can all be reached by anyone in any state. It is an overwhelming task for me but I really believe it is needed.
NACA lawyer website
I think that is a GREAT idea! The lawyer that smo65d11 refered me to easily referred me to a consumer rights lawyer in my state. I tried every search engine I could find and couldn't find one. With the advantage of having electronic filing with the courts now why wouldn't a lawyers want to work on contingency now a day's!? I hope you (for everyone) that you can get this done for them!
:)
Sis so he referred you to a lawyer near you, right? Have you ta
Sis so he referred you to a lawyer near you, right? Have you talked to that lawyer yet?
referral
Yes. He reffered me to a consumer rights lawyer in Colorado and that lawyer happen to call me back immediatley, yesterday. I filled out some forms they sent me online and faxed those along with all of my documentation back to them this morning. I am now waiting for him to call me back.
found this regarding Palisades ... found in contempt of court, t
found this regarding Palisades ... found in contempt of court, they were fined $13,660, of which only $160 and $2,500 were actual damages and attorneys fees .... they other $11,000 was in punitive damages! And this was because they harrased a woman in bankruptcy, and the womans bankruptcy judge awarded that judgement!
http://www.pennlawyer.com/palisades.pdf
I had to call Attorney for Palisades today to try and find out w
I had to call Attorney for Palisades today to try and find out why they haven't filed motion to dismiss with the court yet and they told me that they did. They said they filed a motion to "dismiss w/o prejudice" with the court last week. Humn the court clerk has no record of this being filed. Anyways, what exactly is dismiss "w/o prejudice"?
I would first call the court, repeat exactly what the Palisades
I would first call the court, repeat exactly what the Palisades attorney told you, and see if there is a chance that it is "in process" or something. If they still show no record of it, I would call the Palisades attorney back right away and ask them to fax you a copy of the motion stamped by the court.
Also isn't the judge back today? You could call her chambers and ask if she was provided with anything?
I called the clerk again, still nothing filed by plaintiff...and
I called the clerk again, still nothing filed by plaintiff...and asked her if the judge was going to rule on my motion. (Even if they dismiss the case apparently that doesn't get rid of the judgement right?) The clerk told me to call back tommorrow around noon.
The attorney (that your helped me find) is following my progress on this case before he makes his case against Palisades.
Does anyone know exactly what a motion to dismiss without prejud
Does anyone know exactly what a motion to dismiss without prejudice means?
It means that the action is being dismissed leaving the plaintif
It means that the action is being dismissed leaving the plaintiff the ability to re-file
I was told that I need to get a ruling from the judge on my moti
I was told that I need to get a ruling from the judge on my motion to set aside default judgement. Does anyone know why or how the judge expects this case will be resolved by the plaintiff filing a "motion to dismiss w/o prejudice"? How do I do I make sure that the judge knows I need a ruling on my motion? It just seems that the courts want me to just go away with a filing of dismissal.