How to Beat Palisades Collection LLC in Court

February 4, 2024

How to Beat Palisades Collection LLC in Court

Many people are put in the position of being named in a lawsuit. If this unfortunate event were to occur to you, the proper action to take is to not ignore the situation. Once you are served with a summons, you have a limited amount of time to respond. This response is your legal right.

If Palisades Collection LLC is the company filing the suit against you, time becomes a critical component of exercising your rights. This is done with work to structure a legal strategy. Any consumer that doesn’t protect their legal rights or respond to the summons is undercutting their own ability for any kind of positive outcome.

Despite the stress of being named in a lawsuit, working on this strategy is key. Finding out everything you can about Palisades Collection LLC is top priority.

Who is Palisades Collection LLC

Palisades Collection LLC is a company based in Englewood, New Jersey. Their name may or not be familiar to consumers they have attempted to collect from. One of the reasons for this is because Palisades Collection is a debt buyer.

A debt buyer purchases charged off debt. Often, the debt they buy is older in addition to being charged off. So as they are in the midst of their collection process, consumers should understand that when they receive verbal or written communication from Palisades or in some cases their parent corporation, Asta Funding, those names aren’t ringing any bells with the consumers who allegedly owe the balances.

So, because they purchased an account that was charged off, the chance is very good that the consumer hasn’t been contacted in some time. So, when collection representatives begin communications, consumers can be confused and assume they got the wrong party and begin to ignore the issue.

While standing up for yourself should be a given, Palisades Collection LLC and Asta Funding have had complaints lodged against them for harassment or unfair collection practices. So, knowing the company on the other end of a lawsuit is paramount to your legal strategy.

What Should you Do if Palisades Collection LLC Sues?

Keep in mind that being served a summons is not an enviable position to be in for anyone. It is imperative to not stick your head in the sand. Remember, it is your right to take action against the Complaint. This is the formal name for the lawsuit. Palisades Collection is making allegations about you, the debt that they allege is owed, dates and times that they allege that they attempted to collect the debt among these allegations.

You have to answer these allegations to protect yourself by preparing the correct answers to the suit. These “answers” are known as affirmative defenses. Once completed these affirmative defenses are submitted to the court. You see, the courts will not allow them to simply allege anything they want. The burden of proof is on them to prove to the court every single allegation they made in the Complaint. .

Palisades actually hopes and prays that consumers don’t respond. Intimidation into doing nothing is what companies like this do. If you take no action, Palisades Collection LLC will file a motion to the court requesting a summary judgment. They do this because consumers failed to submit any affirmative defenses on their own behalf.

That’s why it is essential to respond to their allegations. In some cases, the affirmative defenses can lead to a settlement or if Palisades cannot demonstrate the proof of the allegations in their complaint, the courts may even dismiss in favor of the consumer.

Your “Answer” to the Complaint must be done in a timely manner. Time is of the essence because in most jurisdictions there is a small window of time the court will accept your affirmative defenses. This is where ZumaZip can help.

The alternative to providing a response is your risk of the court granting Palisades Collection a summary judgment. If this occurs, Palisades can and most likely will garnish your wages. They can and would probably freeze your bank accounts and place a lien on your personal property.

What to do after submitting your Affirmative Defense

Simply submitting your affirmative defenses is not generally the end of the lawsuit. Palisades has a legal team ready to work against you to collect what they can. If they took the action of filing the lawsuit and serving you with the summons, they aren’t about to quit because you responded to their allegations.

Your affirmative defenses put the ball back in Palisades Collections LLC court. They then have to provide you and the court the documentation that proves their allegations. Even if they were to provide some documentation, you have the right to demand the accounting of the alleged debt. This is your opportunity to hold Palisades accountable for taking the action of this lawsuit.

During this process, you have to make sure you do the following:

Submit your Affirmative Defenses in the time frame required by the Court
Do not admit any liability for the debt. Remember, make them prove to you and the Court that you are indeed legally responsible for the debt
Make sure that every allegation is answered. One of the common threads in complaints and counter lawsuits against Palisades Collection LLC is they have in the past, attempted to collect debts that were past the statute of limitations

This is how you can demand from Palisades that they verify and validate the accuracy of their allegations. As a debt buyer, Palisades may not have the original documentation of the debt. Verification of old debt, especially if the debt has changed hands more than once becomes a difficulty for companies like these. This is where ZumaZip can help.

What is ZumaZip?

ZumaZip is a convenient solution designed to streamline your response to a debt collection lawsuit. Here’s a breakdown of what you can expect when you use ZumaZip:

Firstly, you’ll access our user-friendly web application, which guides you through the process step by step. You’ll be prompted to answer a series of questions related to your specific situation. Once you’ve completed the questionnaire, you have the option to either print out the finalized forms and mail them to the appropriate courts yourself, or you can opt to utilize ZumaZip’s services to file them on your behalf. Additionally, if you choose this option, an attorney will review your document for added peace of mind.

If you’re seeking guidance on how to effectively respond to a debt collection lawsuit, ZumaZip can provide the assistance you need. Feel free to explore our FAQs for more information on what ZumaZip has to offer.

What if I haven’t been sued yet?

If you’ve only received a collections notice, but not a lawsuit, the best way to respond is with a Debt Validation Letter. When a debt collector contacts you in any way, whether it’s by phone or mail, you can respond by formally requesting a debt validation with a Debt Validation Letter . This letter notifies the collector that you dispute the debt and forces them to provide proof you owe the debt. They can’t call you or continue collecting until they provide validation of the debt. This flowchart shows how you can use a Debt Validation Letter to win.

Get started with a Debt Validation Letter here.

How to Answer a Summons for debt collection in all 50 states

Here’s a list of guides on how to respond to a debt collection lawsuit in each state:

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