Sued By Palisades Collection, LLC In New York or New Jersey?

By: Robert J. Nahoum

THE PROBLEM:

You have just been served was a summons and complaint.  Palisades Collection, LLC or its affiliate debt buyer Palisades Acquisition XVI, LLC is suing you for an old debt.

WHO IS PALISADES COLLECTION, LLC?:

Palisades Collection, LLC is a debt collection agency who often collects consumer debts on behalf of its affiliate Palisades Acquisition XVI, LLC.  The two Palisades are separate entities on paper only, in reality the two are the same, operating from the same location and under the same ownership.  Palisades Collection, LLC is a debt collection agency while Palisades Acquisition XVI, LLC is a vehicle for their owners and investors to buy up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. Debt buyers like Palisades Acquisition XVI, LLC then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can dream up.

Palisades Collection, LLC and its affiliates regularly make debt collection phone calls from (800) 873-5648 and are located at:

210 Slyvan Avenue
Engelwood Cliff, New Jersey, 07632

Palisades Collection, LLC and its affiliates are owned by Asta Funding, Inc, publicly traded on the NASDAQ under ticker symbol ASFI.  According ASTA, it is

a leading consumer receivable asset management company that specializes in the purchase, management and liquidation of performing and non-performing consumer receivables. Asta generates revenues and earnings primarily through the purchase and collection of performing and non-performing consumer receivables that have typically been either charged-off by the credit grantors or not considered to be prime receivables. These receivables include MasterCard, Visa and other credit card accounts issued by banks and other consumer loans issued by credit grantors. Asta may also purchase bulk receivable portfolios that include both distressed and non-conforming loans.

Palisades Collection, LLC and its affiliates are notorious violators of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and are sued regularly by consumers for these violations.  The FDCPA is a federal law that regulates the collection of consumer debts. It precludes third party debt collectors from using false, misleading, deceptive and harassing debt collection tactics.

THE PROBLEM WITH PALISADES COLLECTION, LLC :

To Palisades Collection, LLC, you the consumer are no more than an entry on a spreadsheet, you are data.  Unfortunately for Palisades Collection, LLC, entries on spreadsheets are not enough to win against you in court.

In a debt collection lawsuit, Palisades Collection, LLC always has the burden to prove that the consumer is responsible for the debt.  To meet this burden, Palisades Collection, LLC must prove that: (1) it has the right to sue you; (2) the debt is yours; and (3) you owe the amount for which you were sued.  It is never the burden of the consumer to prove that he or she does not owe the debt.

To meet its burden, the proof submitted by the Palisades Collection, LLC must be based on “personal knowledgeâ€.  Personal knowledge means that the person offering the evidence on behalf of Palisades Collection, LLC must be a witness to the event shown in a particular document.  For example, if credit card bills are offered into evidence on behalf of Palisades Collection, LLC, the person offering the evidence must have personal knowledge of how the information in the credit card bill got there, how it is generated and how it is maintained.  That person must have personal knowledge of the computer system and how it operates.  If this person does not have such personal knowledge, the evidence is “hearsay†and it cannot be used.

Remember, to Palisades Collection, LLC, you are just an entry on a spreadsheet.  For this reason, Palisades Collection, LLC routinely lacks the evidence necessary to prove its case and beat you in court.

WHAT YOU SHOULD DO:

If you’ve been sued by Palisades Collection, LLC in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense.  The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt buyers like Palisades Collection, LLC in New York and New Jersey.

As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought by debt buyers like Palisades Collection, LLC to determine if any violations of the FDCPA have occurred.  If so, we recommend to our clients that suit be brought in Federal District Court on behalf of the consumer and against the debt buyer.

If a debt buyer like Palisades Collection, LLC violates the FDCPA, you can sue it for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees.  In FDCPA cases, The Law Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket.

If you need help settling or defending a debt collection lawsuit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you.

The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
info@nahoumlaw.com