Palisades lawsuit HELP

Hi clevelad OH gal,

What format did you send that denial in? Courts are rather particular about procedure, so they may be requesting a proper layout. What you need is a Notarized Affidavit. "http://www.ilrg.com/forms/affidavit-gen/us/oh" is a template for a General Affidavit. Type it all out, and you have to respond to the Plaintiff's charges point by point and deny or affirm each one. Then have it Notarized at any Notary Public and then file it with the court.

For more locally specific information on process and structure, please see the Cuyahoga County Rules of the Court.

For the actual Denial statement itself you can say something like this:


ANSWER

Defendant Answers the complaint as follows:

1. I Agree that I am a resident of the County of (...) and that I am within the jurisdiction of this Court. I Agree that I may be reached at the following address: xxxxxxxxxxxxxxxx

2. Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and on that basis generally and specifically denies the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof.

etc., etc., per point mentioned on the original Complaint.

Hope this helps.

Thanks for the info. What you have here is the same way the Questions were. We answered all and filled with court, but to add a pin in the Lawyer( Plaintiff) A$$ we also asked for the suit to Dismissed with prejudice ( PER OUR ATTN).

Excellent! Please keep us updated,thanks!

Judge deined Attny request for summary judgement( Ya) so the bench trial is still on for MAY. Need help though ,we would
like too file a Motion to compel Attny for what was requested (bills , payments made...Proof this is our account or a Motion to dimiss with prejedice for lack of evidence. Should we file
both motions. Atty has time to appeal this, sould we wait and see or file these motions??

we have deined we ever had a Chase cc , what is the SOL on cc in OH? Have seen/ been advised 6 years / or 15 ?

6 years, according to the Cleveland Law Library.

And even then, if it's not your debt, it's not your debt. The SOL doesn't matter so much here.

All you need to do is file a Motion for Discovery and it is up to them to prove that it's your debt and that they are legally entitled to collect it.

OH SOL is 15 years on CC Debts not 6 unfortunately

how do you file a motion for discovery?

Oops, silly me. :oops: Yes, it is 15 years.

I was working on another SOL post and probably confused the states.

As far as how to file a motion for discovery, call your county court and ask them, or look your county courthouse online. The procedure could be different from county to county, not to mention state to state.

thank you:)

Well fun and games have started. Levy And Assco called 2x today within 5 min this morning( I have it logged) per the DV letter I also had a CD( They also called In January) is this a violation??? Any help...

Can anyone help??? This account is not ours, we never had a Chase cc, we have asked for validation , court at pre trial also ordered this to plantiff.. al we have recv is a general statement from Chase that they sold somthing to Palisades( There's no name, account # on this blil of sale to Palisades, nor for amounts.... Should we answer call for attny Levy and Assco. or just document this for court on 5/19/2009??????

The 15 years is correct...ONLY if they have the original signed agreement. If that cc is not yours, they have to prove it is.

Does anything show up on your credit reports?

Yes Just Palisades. According to the crdt reports there have been paymts made/ or they are back dateing this. We have seent 3 credit breau's letter stating this needs to be taken off
but so for this has been refused. The big question is after C&D letter was sent there was to be NO contact by phone from Palisades/or Yale Levy, only by mail. Friday his office called two times within 6 min. All that Levy has set is a Photo copy that Chase sold something to Palisades 11/04 , there's no acctount # , nor who for what was bought.

Then they did not validate it. Do not speak with them any longer, since you already sent them a C&D. File a Motion for Discovery (ask your court house for their procedures). Also, try to have as much documentation as possible so you can rip them to shreds and collect $1000 and possible court costs and attorney fees (for flagrant FDCPA violations - I would even countersue). DO NOT PAY on a debt that isn't yours.

Could it be that Chase bought a bank that you used to have a cc for? There was a lot of banks buying banks, a few years ago, and even moreso, now.

Case has been dismissed without Prejudice at Plaintiff's request... we asked with with prejudice , but Judge didnt agree.... Should we let it stand at that or request/Motion for the 2nd time for this????? Plaintiff lawyer asked for the dismiss..

Sounds like W/O Prejudice is about the best you can do at this point. It will allow you some time to get a case together if they re-file

Do they refile alot of times, or just resell and we start all over again with a different Collector???? we have all the paperwork from this saved( in a safe place)

If they didn't have good docs on it, they'll likely sell it to some unsuspecting JDB :twisted:

Probably. If they asked for dismissal, it's because they finally woke up and realized that they don't have a leg to stand on. They may either cut their losses or sell it to another JDB, unfortunately. That's why they call this zombie debt, you chop it's head off and relax and then AAAAARRRRGGGGHHHHH .....

Keep all your paperwork together and file it in a safe place. If another JDB buys it and sues you again, you can take this info as evidence to have it Dismissed *With* Prejudice next time, should it happen to go that way.

It may not, though. Keep those fingers crossed.

(I know, it is very unfortunate. Hopefully the FTC will get increased powers to prosecute places like this....)