O.K. So Palisade's Collections and their attorneys Wolpoff & Abramson were trying to get 500 dollars out of me for cancellation fees on an account i never cancelled. There was also a past due bill.
After repeatedly calling both the collection agency and the attorneys (who, by the way, wouldnt speak to me or let me have the # of the attorney handling it), I prepared an answer and an extensive document demand. Here's a copy of the doc. Demand.
You have the right to these documents and they HAVE TO provide them. The thing is, they try and strong arm you into payment when they have no proof of the documents and transactions since they buy the account from someone else and dont get those documents.
Plus, its so costly that it wont be worth it to them
Needless to say, I faxed the copies last night and was offered a settlement today of the amount owed minus the 500 contested amount. This is in New York.
So, FIGHT THESE SOBs!!!
Good luck!
*CAPTION ON YOUR SUMMONS AND COMPLAINT*
Pursuant to Article 3120 of the Civil Practice Law and Rules, NAME, defendant herein, demands that PALISADES COLLECTION LLC, having possession of information material and necessary in the prosecution or defense of the above captioned matter or their attorneys produce and furnish to the undersigned to the defendant (your name) at (your address) on or before (date, 30 days from when you send it out) all documents and things set forth:
INSTRUCTIONS:
As used in this Request:
1. The term document is intended to be comprehensive and to include, without limitation, all original writings of any nature whatsoever, copies and drafts which, by reason of notes, changes, initials or identification marks are not identical to the original, and all non-identical original copies thereof.in all cases where original and/or non-original copies are not available, document also means identical copies of original documents and copies of non-identical copies.
2. The term document includes, but is not limited to, correspondence, memoranda, agreements, records, reports, evaluations, summaries, opinions, journals, notes, transcriptions, telegrams, teletypes, telex messages, telefaxes, recordings of telephone calls, email printouts and all other communications, including but not limited to notations, notes, memoranda and other writings of or relating to telephone conversations, tapes or other recordings, logs and any other information which is stored electronically, by means of computer equipment or otherwise, and which can be retrieved in printed, graphic or audio form.
3. The term relating to includes referring to, embodying, in connection with, commenting on, corresponding to, sharing, describing, concerning, analyzing, reflecting or constituting.
4. Terms in the plural include the singular and terms in the singular include the plural.
5. A request that the party produce documents means that the party must produce all documents in possession of the party, and all documents belonging to the party in the possession of the party's representatives, agents, employees or attorneys.
6. If any document described in this request was, but no longer is in your possession or subject to your custody or control, or in existence, please state whether it is missing or lost; whether it has been destroyed; whether it has been transferred, voluntarily or involuntarily, to others; or whether it has been disposed of otherwise.in each instance explain the circumstances surrounding such disposition and identify the person directing or authorizing the same, and the date thereof. Identify each such document by listing its author, and the author's address, type of document (e.G., letter, memorandum, telegraph, or email), date, subject matter, present location and custodian, and state whether the document (or copies) are still in existence.
7. If any document, or any portion of any document, is withheld under claim of attorney-client privilege or upon any other ground, the petitioner withholding the document shall furnish a list, signed by the person supervising the response to this request, identifying each document withheld and stating with respect to each:
a. The date and number of pages of the document and the identities of its author, addressee and each person to whom copies were sent or were to be sent;
b. The subject matter of the document;
c. The identity of each person to whom the document, its contents, or any portion thereof is known or has been disclosed;
d. If the document is withheld on the grounds of attorney-client privilege;
(i) each basis for such claim of privilege and
(ii) the identity of each person who was privy to any assertedly privileged communication reflected in the document; and
e. If the document is withheld on any ground other than attorney-client privilege, each basis which respondent contends justifies withholding the document.
(7) The term the media includes, without limitation, television, newspapers, 0 magazines, radio and internet websites.
Time Frame
1. All requests for documents cover the period from (date contract entered into with your original provider) to Present, unless otherwise specified. Pursuant to CPLR 3101, Petitioner is required to supplement or amend its response promptly after securing information which would make the previous response materially misleading.
Documents requested
1. All documents, including but not limited to original documents, drafts of original documents, photocopies relating to the original contract entered into between AT&T and defendant.
2. All documents, including but not limited to original documents, drafts of original documents, photocopies relating to the original contract entered into between AT&T and defendantfor account # 7.
3. All documents, including but not limited to original documents, drafts of original documents, photocopies, monthly billing statements listing all alleged charges and telephone calls, both incoming and outgoing, receipts of payment, cancelled checks and all other documents regarding the billing of defendant's account # 7.
4. All documents including but not limited to audio recordings of telephone conversations between AT &T and defendant relating to account # 7.
5. All documents including but not limited to transcripts of recordings of telephone conversations between AT &T and defendant relating to account # 7.
6. All documents including but not limited to audio recordings of telephone conversations between AT &T and defendant.
7. All documents including but not limited to transcripts of recordings of telephone conversations between AT &T and defendant
8. All documents including but not limited to original documents, drafts of original documents, photocopies, correspondences, e-mails, telephone log entries, demand for payment notices and all other documents sent by AT & T to the defendant.
9. All documents including but not limited to original documents, drafts of original documents, photocopies, correspondences, e-mails, telephone log entries, demand for payment notices and all other documents sent by Palisades Collections LLC to the defendant.
10. All documents including but not limited to original documents, drafts of original documents, photocopies, correspondences, e-mails, telephone log entries, demand for payment notices and all other documents sent by Wolpoff & Abramson LLP to the defendant.
11. All documents including but not limited to records telephone calls, records of telephone logs, audio tapes made of telephone calls and messages left, and transcripts of telephone calls made by AT & T to the defendant.
12. All documents including but not limited to records telephone calls, records of telephone logs, audio tapes made of telephone calls and messages left and transcripts of telephone calls made by Palisades Collections LLC to the defendant 13. All documents that reflect that due demand for payment has been made by AT & T to defendant.
14. All documents that reflect that due demand for payment has been made by Palisades Collections to defendant.
15. All documents that reflect that due demand for payment has been made by Wolpoff & Abramson LLP to defendant.
16. All documents including but not limited to original documents, drafts of original documents, correspondences, notes, emails and all other documents relating to the alleged cancellation of defendant's AT & T services.
17. All documents including but not limited to audio recordings of telephone conversations between the defendant and Palisades Collections LLC.
18. All documents including but not limited to original transcripts, copies of transcripts, and all other documents relating to telephone conversations between the defendant and Palisades Collections LLC.
19. All documents including but not limited to notes, ledger sheets, balance sheets, financial documents and all other documents relating to the calculation by AT & T of the alleged amount of debt owed by defendant.
20. All documents including but not limited to notes, ledger sheets, balance sheets, financial documents and all other documents relating to the calculation by Palisades Collections of the alleged amount of debt owed by defendant.
21. All documents including but not limited to original documents, drafts of original documents, photocopies relating to the original contract entered into between AT&T and Palisades Collections.
22. All documents including but not limited to original documents, drafts of original documents, photocopies relating to the original contract entered into between Palisades Collections and Wolpoff & Abramson.
23. All documents, including but original documents, drafts of original documents, photocopies relating to the written notice pursuant to and required by Section 809 of the FDCPA (15 USC 1692g) sent from Palisades Collections to the defendant
24. All documents, including but original documents, drafts of original documents, photocopies relating to the written notice pursuant to and required by Section 809 of the FDCPA (15 USC 1692g) sent from Palisades Collections to the defendant.
The foregoing demand is a continuing demand.in the event any of the above items are obtained after this demand, they are to be furnished to defendant % at%, within thirty (30) days of receipt by deponent or his attorney. If none of the above items exist, you are to so state in a sworn reply to this demand.
PLEASE TAKE FURTHER NOTICE, that upon your failure to produce the aforesaid information and/or documents, a motion may be made to preclude you upon the trial of this motion from offering evidence relating thereto, whether such evidence consists of written records or oral testimony. If none of the above items exist, you are to so state in a sworn reply to this demand.
Dated: Queens, New York
January 25
Yours, etc.,
TO: WOLPOFF & ABRAMSON LLP
FATIMAT O. BALOGUN, ESQ.
300 Canal View Blvd. 3rd Floor
Rochester, New York 14623
John
Kew Gardens, New York
U.S.A.
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