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  1. #1
    Join Date
    Jan 2006
    Location
    WA
    Posts
    2

    Default Verification of Debt Process

    Hello from WA!

    On Jan 27 a local law firm Bishop & Marshall LLC summonsed me. The law firm is representing a collections agency called Palisades Collections.

    The summons basically states that I owe a large amount of money to Palisades collection and I’m responsible for attorney fees as well.

    I responded back via registered mail to Bishop & Marshall Law firm requesting a VOD and they had 30 days to respond. 30 days have pasted and I am about to proceed with a second request demanding that they have 15-20 day to remove all derogatory info off my credit report due to violation of FDCPA Section 809 (b).

    Two details that I’m not to clear on before filing with the county court…Assuming if they do not remove all derogatory info off my credit report, since I was summonsed by a law firm is the law firm who I am going to file suit against? In this case, I’m assuming that Bishop is representing Palisades and therefore, am I filing suit against both parties? Can you clarify this? According to the FDCPA a law firm is still considered a “collector” and that they must comply with the FDCPA as well.

    And out of the two parties, who is required to have a license to collect in WA state? Because in this situation I have local law firm who I believe is registered to collect …however, I do not know yet if Palisades does or not.

    Any feedback would be greatly appreciated! Thank you

    Mikey
    Lakewood, WA

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Debt Lawsuit

    You seem to be describing not an effort to get bad credit information off of your credit report, but being served with a lawsuit. You cannot avoid answering the lawsuit by demanding verification of the debt outside of the litigation process. You need to file an answer to the lawsuit with the court, and appear for court proceedings as ordered. If you fail to defend yourself against the lawsuit a default judgment will be entered against you.

    If you have grounds for a lawsuit, you may be able to bring a counter-claim or cross-claim within the pending litigation.

  3. #3
    Join Date
    Jan 2006
    Location
    WA
    Posts
    2

    Default

    Thank you for your response.

    Sorry I was not to clear about the summons background. There were two parts to the summons. 1) a 30 day summons to respond (dispute the claim) or a default judgment will be made 2) a Complaint for monies owed to the collections agency.

    As a result, I responded that I am in fact disputing the claim and that I'd like to have all records to be sent to my address in attempt to VOD. I gave them 30 days to send me all of their documentation that proves that they have the right to collect. Since it has been over 30 days and they have not provided any documentation, I am now demanding that they remove all derogatory information off my credit report.

    I suppose if they don't provide the documentation and proof that they have the right to collect this debt from me and that they will not remove any derogatory information off my credit report then this is where my countersuit comes into play am I correct?

    So if I was to countersuit, am I only filing against the Plaintiff and/or the law firm?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    Again, that won't do you any good. This is a lawsuit. If you want verification of the debt you need to get it through the court discovery process. Your demands outside of the context of court won't make the lawsuit go away, and if you fail to properly defend yourself against the suit you will end up with a default judgment against you.

    If you are having difficulty understanding any of this, hire a lawyer to represent you.

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