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What can I do if Palisades placed a judgment on my credit report?

Date: Thu, 01/31/2008 - 20:15

Submitted by anonymous
on Thu, 01/31/2008 - 20:15

Posts: 202330 Credits: [Donate]

Total Replies: 11


Hi I need some advise

Recently my credit report was pulled by my lender and found a judgment placed on my credit report from a Rushmore Recoveries. My credit report has no details on how to contact this company.

This judgment took place in a NY Bronx civil court house and I live in Northern, VA. I was unaware of this case because I was never served to appear in court. I do not even know what this account is attached to because the court could not give me any information over the phone. They advise me that the only way that I can get that information is to go to NY and get a copy from archiving department.

I did get someone inside the court house to advise that Rushmore Recoveries is Palisades Collection Agency LLC.

My question is what are my rights? I was never served and have no idea what this debt is to. I also tried contacting my lawyer through pre-paid legal however, they turned out to be to expensive to retain.

Help
V


Get yourself an attorney friend. This is going to be fun.

First, you can have the judgment vacated due to improper service (they have to serve you a summons/civil complaint when you are sued, it's all part of due process). Second they can't refile with that court as it would be improper venue. They have to sue you in your home county. I would see about filing a suit of your own for this underhanded tactic. One of the basic human liberties we have the USA is that no person shall be deprived of life, liberty, or personal property without due process. They are trying to skirt your right, a basic human right which all Americans are entitled to. See if you can't find a cheaper attorney or find something through legal aid.


lrhall41

Submitted by JCEMT on Fri, 02/01/2008 - 05:49

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Thanks for the information, do you think that I should personally go to NY to pick up a copy of the court judgement or just let a lawyer handle this from start to finish?

I am signed up with pre-paid legal and well the attorneys advice was that he could not do much because I did not have a copy of the records. He than advised that I make the trip to NY and retrieve it myself. I beginning to think pre-paid legal is not helping me much when I am paying them to give me good legal counsel and all I received from them was go to NY and do it yourself.

Where do you recommend are start


lrhall41

Submitted by on Fri, 02/01/2008 - 19:55

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I think I'd explore all the options nefore making a 600-mile round trip to NYC. OK, you can't get the info over the phone. Is it possible to order it through the mail? What about finding the information online? The court may have a website... You should explore the possible options there. If nothing else, you may find a lead on who to contact about this. If you retain a VA attorney, can he order the documents? What about retaining an attorney in NY to get them and forward them to you? I know that sounds expensive, but what is the total cost of the proposed trip [mileage, time, frustration, time off from work, etc.]?

As to pre-paid legal, I've never dealt with them in VA or anywhere in the East. What I remember from dealing with them in Texas and elsewhere doesn't give me much confidence, though. Talk to a regular, consumer attorney in VA, not the pre-paid guy. NACA.NET is a good starting point. Many of these attorneys will give you a free initial consultation, so you'll at least know where you stand.


lrhall41

Submitted by unclewulf on Sat, 02/02/2008 - 05:54

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I would do as uncle wulf suggested. See if it can be mailed to you or you can do anything online. That is a long drive to make, see if you can find a way around it first.

Also, if you do have to drive to NYC, I would suggest exploring the possibility of suing them for your troubles (at least get your gas money back)


lrhall41

Submitted by JCEMT on Sat, 02/02/2008 - 07:02

( Posts: 2934 | Credits: )