Bishop White & marshall / Palisades/ HSBC bank collections summons

[sidepockettroy]

Ok this might be long so bear with me.

Back on Sept 4th 2008 I received a "Summons" from Bishop White & Marshall for Palisades acquisition(which bought the debt from HSBC). It says it's from the Circuit court of Oregon for Multnomah County. and has all the wording of legal mumbo jumbo. Telling me i required to appear for a judgment against me. No date for appearance nor a place. It says i owe 2,450. Saying i failed to make payments on this account since July 23rd 2004. The paperwork was handed to my wife, not me and she is not on the "summons". The paper has #'s 1-25 printed along the left side followed by a double line going down. I'll try to scan it, but don't want to do it at work so we'll see.

I live in Oregon and know the statues of limitations is 6 years. I have numerous credit reports from this year, 2006, and 2004 that all put the last date of payment as march - may of 2002. Not one report says 2004. It was sold and charged off by Household bank(original creditor) on 10-2002. I have lived in oregon my entire life and never once resided in Washington where the Bishop White and Marshall law firm is, if that matters.

I contacted Bishop White and Marshall, asking for validity of debt and all that... got nothing in return. Finally called someone there and talked with them. Of course they just recited what was on the summons and uped the amount owed to $2718. I told them i might be able to make $100 payments if they would stop any legal proceedings. The lady said even if i paid any amount other then her settlement offer of $2000(i think) it would not stop the legal stuff!! So at the end of the conversation I told her I would have to think about the $100 payment if it would be possible and even with the threat of legal action. She said she would send me out a letter stating my "agreement" of payment. I never got that either.

Today i received via mail (no person dropping this off which seems weird since its a supposed "judgment against me")
an "Agreed General Judgment and Money Award" from the same people. Stating that as of Nov 7th 2008 I would start paying $100, and every 7th after that. I never said a start date nor stated the 7th as my date, which i would never pick as a date, due to rent being due the 5th. I would have picked the 16-20th as a date.

This whole thing just seems to be a scam and a junk debt collector.

I did leave the person named for Bishop White and Marshall, Laurie Friedl. She has never called me back on any of the my other calls and i expect the same for this. I told her I am hearby disputing the debt and never said i would pay $100 and that the statue of limitations has run out. I also told her to cease and desist all phone calls (which i don't even have a home phone hooked up, just a number for these kinds of calls) and just to contact me by mail. I asked for proof of the debt and proof my last day of delinquency, which they have wrong.

Is there anything else i can do, need to do, or need to fix??

I am on a debt consolidation plan for a few of my other debts that are not in negative status, just needed the quick help as a child is on the way and I can already see the savings as i am already putting money in savings and i wasn't before!!

[jlynn]

You need to check with the clerk's office of the court cited and see if you have been sued. If the summons was dated the 7th of September, there may already be a default judgment against you.

[sidepockettroy]

Well there was no date of apperance on the "summons" So couldn't have been sued because there was no date for me to fight my side and that's not a legal suit if i am not able to defend myself, unless i missed the date. The lady i talked to at BWM told me they had not started legal proceedings, which leads me to believe this "summons" is just a scare tactic to get me to pay the debt and not a legal summons. plus wouldn't a judgement notice have to be hand delivered as well and if it was a legal summons wouldn't I have to sign it as well?

[jlynn]

Quote:

Originally Posted by sidepockettroy Well there was no date of apperance on the "summons" So couldn't have been sued because there was no date for me to fight my side and that's not a legal suit if i am not able to defend myself, unless i missed the date.

Stranger things have happened.

Quote:

The lady i talked to at BWM told me they had not started legal proceedings, which leads me to believe this "summons" is just a scare tactic to get me to pay the debt and not a legal summons.

Or a lie so that you did not respond to the suit in time. You are going to trust the word of those suing you?

Quote:

plus wouldn't a judgement notice have to be hand delivered as well and if it was a legal summons wouldn't I have to sign it as well?

No, and no.

[teri66]

Bishop, white and Marshall attempted to do the same thing to me. I took out a loan thru HFC and my payments were good for a while and then when times got tough I tried to renegotiate the terms and they said no. Well I got behind and then someone comes to my door and hands me papers. No signature, No case number nothing. I called them and the first person I talked to was rude and started yelling at me. Then she told me that if I didn't agree to some payment terms then I would be sued and I would lose my house, my husbands check would be garnished and it is just my name on the loan. It was not secured to any property.

They told me that their client would only accept their terms of repayment and that turned out to be $550 a month. I told them it would hurt us financially and they didnt care. They had explained to me that if I defaulted in anyway I would get sued. I defaulted on the payments about 2 months ago. I have not gotten anymore written notices and I have not been served. I have a link to the washington courts website and I check everyday I have somthing filed against me and so far nothing.

I am considering a lawsuit. Get them before they get me so to speak. Also everytime I called them they told me that the phone call was being recorded.