Complaint Review: Palisades Collection - Englewood Cliff New Jersey

Marjorie, Unless you have a basic understanding of the court process and legal procedure, you really should get a lawyer. The entire burden of proof is on the collection agency to prove that you owe the debt, it is not on you to prove that you don't. Usually they cannot document these debts and the case gets dismissed. Palisades files lawsuits and hopes for the default. That is the game they play. If you fight them, they will go away. Don't even discuss your financial situation or the fact that you are out of work, have no money, etc. All of that is irrelevant unless you are accepting the debt and attempting to pay. Stick to the matter at hand. You deny the debt. This is your only conversation. Nothing else. Now, you file a motion of discovery to see what evidence they have to support their claim in court. Make them prove everything. The fact is that you never entered into any business with THEM. Any prior creditor is irrelevant. They have to prove that you owe THEM the money. Demand to see whatever you signed to create the debt as well as a full account history. FYI..A debt collector can only attempt to collect on the actual amount of the defaulted debt. It is illegal to add collection costs or other fees unless awarded by a court. STAY OFF THE PHONE!! Do not fill out anything they send you unless it is an actual court order demanding information. Every state has a statute of limitations on debt. The SOL in your state is 5 years on all debts except a written contract which is 10 years. SOL starts on the date of charge off.

Marjorie, Unless you have a basic understanding of the court process and legal procedure, you really should get a lawyer. The entire burden of proof is on the collection agency to prove that you owe the debt, it is not on you to prove that you don't. Usually they cannot document these debts and the case gets dismissed. Palisades files lawsuits and hopes for the default. That is the game they play. If you fight them, they will go away. Don't even discuss your financial situation or the fact that you are out of work, have no money, etc. All of that is irrelevant unless you are accepting the debt and attempting to pay. Stick to the matter at hand. You deny the debt. This is your only conversation. Nothing else. Now, you file a motion of discovery to see what evidence they have to support their claim in court. Make them prove everything. The fact is that you never entered into any business with THEM. Any prior creditor is irrelevant. They have to prove that you owe THEM the money. Demand to see whatever you signed to create the debt as well as a full account history. FYI..A debt collector can only attempt to collect on the actual amount of the defaulted debt. It is illegal to add collection costs or other fees unless awarded by a court. STAY OFF THE PHONE!! Do not fill out anything they send you unless it is an actual court order demanding information. Every state has a statute of limitations on debt. The SOL in your state is 5 years on all debts except a written contract which is 10 years. SOL starts on the date of charge off.

Marjorie, Unless you have a basic understanding of the court process and legal procedure, you really should get a lawyer. The entire burden of proof is on the collection agency to prove that you owe the debt, it is not on you to prove that you don't. Usually they cannot document these debts and the case gets dismissed. Palisades files lawsuits and hopes for the default. That is the game they play. If you fight them, they will go away. Don't even discuss your financial situation or the fact that you are out of work, have no money, etc. All of that is irrelevant unless you are accepting the debt and attempting to pay. Stick to the matter at hand. You deny the debt. This is your only conversation. Nothing else. Now, you file a motion of discovery to see what evidence they have to support their claim in court. Make them prove everything. The fact is that you never entered into any business with THEM. Any prior creditor is irrelevant. They have to prove that you owe THEM the money. Demand to see whatever you signed to create the debt as well as a full account history. FYI..A debt collector can only attempt to collect on the actual amount of the defaulted debt. It is illegal to add collection costs or other fees unless awarded by a court. STAY OFF THE PHONE!! Do not fill out anything they send you unless it is an actual court order demanding information. Every state has a statute of limitations on debt. The SOL in your state is 5 years on all debts except a written contract which is 10 years. SOL starts on the date of charge off.

Marjorie, Unless you have a basic understanding of the court process and legal procedure, you really should get a lawyer. The entire burden of proof is on the collection agency to prove that you owe the debt, it is not on you to prove that you don't. Usually they cannot document these debts and the case gets dismissed. Palisades files lawsuits and hopes for the default. That is the game they play. If you fight them, they will go away. Don't even discuss your financial situation or the fact that you are out of work, have no money, etc. All of that is irrelevant unless you are accepting the debt and attempting to pay. Stick to the matter at hand. You deny the debt. This is your only conversation. Nothing else. Now, you file a motion of discovery to see what evidence they have to support their claim in court. Make them prove everything. The fact is that you never entered into any business with THEM. Any prior creditor is irrelevant. They have to prove that you owe THEM the money. Demand to see whatever you signed to create the debt as well as a full account history. FYI..A debt collector can only attempt to collect on the actual amount of the defaulted debt. It is illegal to add collection costs or other fees unless awarded by a court. STAY OFF THE PHONE!! Do not fill out anything they send you unless it is an actual court order demanding information. Every state has a statute of limitations on debt. The SOL in your state is 5 years on all debts except a written contract which is 10 years. SOL starts on the date of charge off.

Most states have limitations on debts that may be recovered via the courts. A large number of states limit a suit to recover a debit to 4 years. You will probably have to check with your particular state to learn the time limits to recover a debt. If the debt is not yours, simply require the creditor to prove the debt is your by sending you a copy of the application with your signature. It is not your reponsibility to prove you don't owe the debt, it is the creditors responsibility to prove you do.

I haven't had a credit card since I started back to work which was 6 years ago. So my best guess is the debt is over 6 years old. I have never heard of House Hold Bank which is the creditor I supposedly owe. Is it fraudulant to be told you owe two different amounts? The one amount is on the court papers I was served from a law firm here in Iowa and the other is on a paper that I was sent from a law firm in Maryland but that paper is not court papers.

Are you sure they're taking you to court over this, or are they just telling you that? If they are in fact suing you, go to court and see what the judge has to say. If it's a valid debt, the worst he will do is to tell you to go in the hall with the collection agency's attorney and work out some sort of payment plan. If it's not a valid debt, plead your case. If they are suing you, don't let yourself be pressured to send them any money before you go to court. It would help if you could provide a little more infrmation such as the age of the debt and whether you've been contacted before. In the meantime, don't speak with the collection agency at all.