Forums
My wife has a derogatory entry from Palisades LLC on her credit report for $89. Unlike a lot of other posts I've read here, the debt is from AT&T and is likely legitimate. What steps if any should we take to resolve this?
1. call Palisades, pay over the phone and trust a verbal agreement to mark as paid in full
2. write to Palisades with an offer to pay in full if they adjust the credit report
or
3. start with a traditional DV letter even though the debt is likely legitimate
Hi Timg,
Ask the collection agency (Palisades LLC) to validate the debt. If they are able to validate it then the second option you have mentioned would be most appropriate to select.
But make sure all the interaction you have with them are in writing and you keep proper documentation. They should also provide you with a Paid in Full letter and inform to the CRA to update your account status.
sample debt validation letter
Thank you for the advice.
Does this site have a sample debt validation letter?
Timg,
You can use this format:
Date
XYZ Collection Agency
123 Debtor's Way
City/State/Zip Code
RE: Account Number 1234567890
Dear Sir/Madam:
I am writing to dispute the validity of the above-referenced debt.
I am disputing the debt because (state reason and attach any documents which support the reason for the dispute - i.e. already paid, wrong person, etc.). If this alleged debt has been reported to any consumer reporting agency, you must immediately notify all such consumer reporting agencies of the dispute of this alleged debt.
In addition, I request that you provide me with verification of the alleged debt, pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692g(b). All collection activity on this account should cease until written verification has been provided to me.
Written verification shall include, but is not limited to:
* The original amount of the debt, and an itemization of any interest and fees that are being assessed.
* The date the debt was incurred.
* The name and address of the original creditor.
* A statement that the debt has not been paid.
* A statement that the original creditor provided goods or services in consideration of the debt.
* Copies of any written instruments which evidence that I incurred the debt.
Please be advised that your failure to comply with my requests may lead to liability under 15 U.S.C. § 1692k, and I may be entitled to actual damages, court costs, attorney’s fees, and up to $1,000.00 in statutory damages.
Thank you for your prompt attention to this matter.
Sincerely,
Your Name
Address
City, State, Zip
Polly
Palisades, the Crooks
i had an ordeal with palisades as well a $302.87 Verizon phone bill that was not mine opened to an address that i never lived. After too much hard work i finaly got it off my credit report but a few things still bohters me. When i talked to a representative over the phone they begin asking me a lot of questions for my personal information which i would not give and when i told them i was disputing this they said that i had to fill out a fraud packet which they sent me. I thought that once i told them that i was disputing the debt all collections actions must cease. the first page of the fraud packet the top portion of if was a bill because it said detach and send with payment. Isn't that illegal, and all other pages of the Packet at the bottom of the forms clearly states in bold letters and in all caps DO NOT SEND TO FTC OR ANY OTHER GOVERNMENT AGENCY. If this is a ligitimate organization conducting business within the law why would that statement be necessary. Do i have legal grounds to file a suit against these people because they did hurt my efforts in tryin to buy a new car.
Hi Swill
There are many who have sued this organization for their uncanny services. Do report this to FTC and do not bother if you are on the side of law. They do have illegitimate practices.
With these debt validation letters can there be a consequence of the collector taking action against you and suing you for threatening action against them?
Does that make any sense or am I rambling? I have a collection account with these people also and I really need to take care of it in the most appropriate manner. I need it properly handled on my credit report. Advice is appreciated. Thanks.
it is illegal for a CA to sue you once you send a DV letter UNTIL they validate the account. If they do file papers the case will be thrown out when you provide a copy of your letter and proof of delivery
Yes, until and unless the collection agency does not validate your debt, he cannot sue you. Even if he sues you, you can produce the evidence that you have asked for debt validation and the judgment may come in your favor. So it is always necessary to send DV letter by certified mail. But if the collection agency validates your debt, and you do not come to a repayment agreement with the CA, he may sue you to the court and bring out a judgment to garnish your wage.
I have a link on my website to the Spears V Brenen case which establishes precident for this