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dlw1158 · Apr 26, 2011, 03:19 PM

I was recently served a Summons from a lawyer representing a collection agency--Palisades collections LLC. Nowhere in the document does it state who the original creditor is. It actually says that I had a credit account with Palisades collection, LLC, for which I never had. It also states the following:

Plaintiff established a credit account for Defendant's use
Defendant is in default under the terms and conditions of the agreement.

Since the Plaintiff is not the original creditor and the fact that I never did establish a credit account nor had an agreement with Palisades Collections, is there a legal way to dispute this?

I also called the local court to see where to respond and found that it has not actually been filed. Does that mean that they intend to just hope that I do not respond and then ask for the judgment without going to court? In the Summons it states that I can demand that the Plaintiff file this lawsuit with the Court. Is this something that I should do? It also says that I may serve a Notice of Appearance. Is that advisable?

I only have a couple more days to respond so any speedy replies would be much appreciated.

ScottGem · Apr 26, 2011, 03:26 PM

If they haven't filed it's a ruse to get you acknowledge the debt.

Send them a letter stating that you have no knowledge of this debt and require verification of the debt before anything further happens.

If they decide to file they will have to send you a real summons. What you received is not a real summons if the suit has not been filed with the court yet. You will then have an opportunity to respond and get a court hearing.

ballengerb1 · Apr 26, 2011, 03:46 PM

Who actually served you, handed you the papers?

dlw1158 · Apr 26, 2011, 04:29 PM

It was a gal that was hired to serve me.

dlw1158 · Apr 26, 2011, 04:32 PM

That is what I thought. So I should not worry about "demanding that the Plaintiff file this lawsuit with the Court" as it says I have the right to do in the so-called Summons?

ballengerb1 · Apr 26, 2011, 05:13 PM

I rarely disagree with Scott but am leaning toward totally ignoring this law firm and collection agency. They likely bought a very old debt which may have run out on the SOL. They can't sue you for a judgement in court if its SOL but they can trick the crap out of you and see if you will do something that qualifies as acknowledgement. I just would not talk to them at all, they can be tricky, legally.

ScottGem · Apr 26, 2011, 05:14 PM

Why would you want them to file? What you want is to call their bluff and demand proof of the debt. If they file, they file.

Fr_Chuck · Apr 26, 2011, 07:29 PM

I go with Scott on this one, deny any knowledge of the debt and ask for proof.

dlw1158 · Apr 27, 2011, 11:09 PM

Thank you all for your help... that is what I have done... I will follow up and let you know what happens