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  1. #1
    Join Date
    Nov 2006
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    3

    Default Being sued in PA, Not sure of debt, no right to dispute given

    I received notice from Wolpoff & Abramson that I am being sued in District Court (in PA) for a debt that Palisades was assigned to them through Chase Bank. I've never done business with them, the only thing I can think it would be for is a Bank One account from over 4 years ago, but to my knowledge it was paid in full and closed in good standing.

    I've never received any phone calls, and only one letter that was not sent certified or anything, just on W&A letterhead that said 'this is an attemp to collect a debt', it gave that they were the assignee and an amount. It did not have anything on it saying that I had a right to dispute within 30 days. I had never heard of them before so I didn't do anything, now I'm being sued.

    I filed a counterclaim against them for not giving me the right to dispute under Section 809 of FDCPA. Do you think this will hold up?

    Are they allowed to discuss other items on my credit report at this hearing? What can I do to prepare? Please help.

  2. #2
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    Default Re: Being sued in PA, Not sure of debt, no right to dispute given

    How about investigating with the bank or asking the law firm to explain the basis of their lawsuit?

  3. #3
    Join Date
    Nov 2006
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    3

    Default Re: Being sued in PA, Not sure of debt, no right to dispute given

    How exactly do I do that? My hearing is on 11/9 at 9:30am. Isn't it sort of late for that?

    I thought that I was supposed to be given a right to dispute under the FDCPA? Who's to say that I would not be giving money to someone not entitled, I'm not even sure what it is for.

  4. #4
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    Default Re: Being sued in PA, Not sure of debt, no right to dispute given

    You have already identified the bank. You will also notice that every legal document you have been served and every cover letter from the plaintiff's law firm includes their name and contact information. You may be able to get discovery through the court.

  5. #5
    Join Date
    Nov 2006
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    3

    Default Being sued by W&A on behalf of Palisades assign of Chase Bank??

    If I'm being sued by W&A w/Palisades Coll. assignee of Chase Bank, does W&A have to give me 30 days to dispute? I don't recall ever receiving any letters from Palisades at all.

    Would W&A fall under the FDCPA?

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Being sued by W&A on behalf of Palisades assign of Chase Bank??

    Quote Quoting stevies_gal
    View Post
    If I'm being sued by W&A w/Palisades Coll. assignee of Chase Bank, does W&A have to give me 30 days to dispute? I don't recall ever receiving any letters from Palisades at all.

    Would W&A fall under the FDCPA?
    You have me bit confused. Who is the creditor? In one post you infer W and A is attempting to collect the debt and in another you say Palisades is the creditor after recieving the account from Chase Bank and then you somehow link this to Banc One.

    If W and A is a law firm that is suing you as representative of the creditor, no, they do not have to give you 30 days. If they are acting as a collection agency themselves, then yes, they have to abide by the FDCPA.

    Whatever actual creditor is initiating the lawsuit must give you the 30 day allowance. This does not relieve the debt though. It brings in another section 813

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