• Report: #504348

Complaint Review: Palasades Collection

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  • Submitted: Mon, October 05, 2009
  • Updated: Mon, October 05, 2009

  • Reported By: Marlin — St Petersburg Florida U.S.A.
Palasades Collection
St Petersburg, Florida United States of America

Palasades Collection Daily automated phone calls from Palasades Collection to my Dad, Wallace Gowins-Ph#7275079556. this company is trying to collect a debt from his deceased Daughter of which he is not responsible. Harrassing Automated phone calls DAILY to my Dad St Petersburg, Florida

*Consumer Suggestion: Despicable

*General Comment: info to help is on the internet

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Daily automated phone calls from Palasades Collection to my Dad, Wallace Gowins-Ph#727-507-9556. this company is trying to collect a debt from his deceased Daughter of which he is not responsible. Every day Palasades Collections will call and an automated recording directs my Dad to present a certain code number to a representative, which my Dad cannot ever reach. This company should be prosecuted. These harassing calls have gone on for a full year. My Dad is 83 years old, he thinks that if he just takes the phone off the hook whenever he leaves his home, that "They" will eventually stop calling.


As I said, Palasades Collection is trying to collect a debt from my decease sister, my Dads deceased Daughter, for which he was not reponsible for. I am filing this report for my Dad because he doesn't have a computer. I am sure he wouldn't mind hearing from your agency in regards to this matter, his Telephone number is listed above. Feel free to contact me as well.


Thank you, sincerely, Marlin


This report was posted on Ripoff Report on 10/05/2009 02:15 AM and is a permanent record located here: http://www.ripoffreport.com/r/Palasades-Collection/St-Petersburg-Florida-33710/Palasades-Collection-Daily-automated-phone-calls-from-Palasades-Collection-to-my-Dad-Wall-504348. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Suggestion

Despicable

AUTHOR: Adam - (U.S.A.)

It amazes me that debt collecters do this/ Laurie is right. A debt collecter cannot collect the debt from your father it is not his debt. Simply tell them,( If you can reach them) that it is not his debt and he is in no way legally obligated to pay off her debts. If that doesnt work you can file a cease communications letter and mail it to them. Certified mail preferably. If that doesnt work FTC is your last resort along with your attorney generals office.

 

Now with that being said if your dad cosigned anything with your sister, then he is legally obligated to pay the debt off. It says so in the contract for the cosigner. that includes student loans auto, house anything. Basically a cosigner is there to say if my daughter cant pay i will. Its a reassurance for loan companies. If he didnt do anything like that then dont worry about take the necessary steps above and call it a day. They cant do anything to you

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#2 General Comment

info to help is on the internet

AUTHOR: Laurie - (U.S.A.)

File complaints with
 
Federal Trade Commission   https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
 
Your State Attorney General
State Attorney General is every state they have offices
 
Link to all State Attorney General Websites www.naag.org
 
If you or they are located in NY use this SPECIAL Link   www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices.   HES CRACKING DOWN AND SHUTTING THEM DOWN!
 
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html   If the company is listed under agencies report there. If not on the list YET, click on Watchlist! and add to the list.    You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
 
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!    
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
 
Dealing with Debt Collectors
http://www.budhibbs.com/start.html
 
 
Statute of Limitations by State always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
 
 
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
 
 
From Federal Trade Commission Website FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If youre behind in paying your bills, or a creditors records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nations consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
 
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesnt cover debts you incurred to run a business.
 
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if theyre told (orally or in writing) that youre not allowed to get calls there.
 
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter even if you dont think you owe the debt, cant repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you dont want the collector to contact you again, tell the collector in writing to stop contacting you. Heres how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a return receipt so youll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
 
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you dont have an attorney, a collector may contact other people but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
 
What does the debt collector have to tell me about the debt?
Every collector must send you a written validation notice telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you dont think you owe the money.
 
Can a debt collector keep contacting me if I dont think I owe any money?
If you send the debt collector a letter stating that you dont owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
 
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
       use threats of violence or harm;
       publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
       use obscene or profane language; or
       repeatedly use the phone to annoy someone.
 
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
       falsely claim that they are attorneys or government representatives;
       falsely claim that you have committed a crime;
       falsely represent that they operate or work for a credit reporting company;
       misrepresent the amount you owe;
       indicate that papers they send you are legal forms if they arent; or
       indicate that papers they send to you arent legal forms if they are.
 
Debt collectors also are prohibited from saying that:
       you will be arrested if you dont pay your debt;
       theyll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
       legal action will be taken against you, if doing so would be illegal or if they dont intend to take the action.
 
Debt collectors may not:
       give false credit information about you to anyone, including a credit reporting company;
       send you anything that looks like an official document from a court or government agency if it isnt; or
       use a false company name.
 
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
       try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt or your state law allows the charge;
       deposit a post-dated check early;
       take or threaten to take your property unless it can be done legally; or
       contact you by postcard.
 
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you dont think you owe.
 
Can a debt collector garnish my bank account or my wages?
If you dont pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Dont ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
 
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
       Social Security Benefits
       Supplemental Security Income (SSI) Benefits
       Veterans Benefits
       Civil Service and Federal Retirement and Disability Benefits
       Service Members Pay
       Military Annuities and Survivors Benefits
       Student Assistance
       Railroad Retirement Benefits
       Merchant Seamen Wages
       Longshoremens and Harbor Workers Death and Disability Benefits
       Foreign Service Retirement and Disability Benefits
       Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
       Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
 
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you cant prove that you suffered actual damages. You also can be reimbursed for your attorneys fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collectors net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
 
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
 
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney Generals office ( www.naag.org ) and the Federal Trade Commission ( www.ftc.gov ). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney Generals office can help you determine your rights under your states law.
 
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov , the U.S. governments portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues , visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network , a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009
 
Palisades Collections, LLC  
aka Asta Funding, Inc.
210 Sylvan Ave.,    Englewood, NJ 07632   
Phone: 800-991-9367   Phone: 201 567-5648
866-230-9094          866-230-8075
201-567-2438         866-230-8094
 Fax: 610-758-9781 or 201-567-2203
 
H ead Debt Collectors:    
Arthur Stern Chairman of the Board, Asta Funding
Gary Stern - President & CEO 
Mitchell Cohen, CFO, Asta
Mary Curtin, VP, Ops
Nan Beilinson, VP
Rob Knight, VP
 
CONSUMER ALERT!  Palisades has purchased a large portfolio from Wolpoff & Abramson that trace back to many names used by W&A for the purpose of purchasing junk debts for about a nickel on the dollar. When you call Palisades/Asta you are asked to punch in your social security number so they can locate your account.
 
We STRONGLY urge anyone dealing with these bottom feeders to NEVER give them your social security number as they may not have it. We further advise you to NEVER give them your banking or credit card information. The paperwork that Palisades/Asta obtained in their purchase is known to contain a LOT of false and manufactured documents.
DO NOT GIVE THEM ANY INFORMATION; MAKE THEM VALIDATE EVERY ALLEGED CLAIM WITH ORIGINAL DOCUMENTS THAT CONTAIN YOUR SIGNATURE. (We have reason to believe many of these original documents do not exist, however Asta/Palisades have the ability to manufacture them, given time.)
 


Bud Says                         Consumer Comments Below
 
Also known as Asta Funding, a publicly held organization worth a LOT of money. Palisades Collections, LLC is their bottom feeder entity collecting on old, worthless accounts. Their up to now good reputation, is being flushed down the toilet with the illegal activity of Palisades.
 
Purchasing old debts is okay, however the law is quite clear that you must accurately report information on credit bureau reports. Palisades Collections apparently is not aware of that law. The complaints we receive on them are for a lot of accounts out of statute, changing the dates of last activity on credit reports and grossly inflated accounts.
 
This could be construed as an attempt to inflate their portfolios to Wall Street to make them look better than they are, NOT an uncommon practice for a bottom feeder.
 
Palisades Collections needs to be confronted at every step with demands for debt validation. All of their tainted credit bureau reporting should be disputed; court suits MUST be vigorously defended. Challenge each and every document they file, assume they are bogus and manufactured. Palisades appears to be engaging in a lot of illegal collection activity and credit bureau reporting, they deserve to be sue at every opportunity by consumer law professionals.
 
Read how these greedy bottom feeders are making a fortune based on the misfortunes of others from their own website:  http://www.corporate-ir.net/ireye/ir_site.zhtml?ticker=ASFI&script=700
  
I recommend you utilize consumer professionals to go after these deep pocket icons of American enterprise. Let owners Arthur Stern, Gary Stern know what you REALLY think of them and their dumpster diving business.
 
CAUTION : I recommend you NEVER disclose your bank account or credit card information to a debt collector, as you risk them emptying your account, or maxing out your credit card. If you feel they are reporting on your credit bureau files in error or need assistance in dealing with them, email  the details w/your location.  Assistance and referral to a consumer legal specialist may be available.
 
Paying the Debts of a Deceased Relative: Who Is Responsible?
After a relative dies, the last thing grieving family members may expect are calls from debt collectors asking them to pay their loved ones outstanding debts. According to the Federal Trade Commission (FTC), the nations consumer protection agency, a surviving relative usually has no legal obligation to pay the debts of a family member who has died. In fact, the rights of surviving relatives are covered by the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, which is enforced by the FTC, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Heres what the law has to say about who has responsibility for a dead relatives debts.


Who is responsible for paying the debts of a relative who has died? Generally, someones estate is responsible for paying their debts. But if there isnt enough in the estate to cover the debts, they typically go unpaid.

Am I legally obligated to pay the debts of a deceased relative? You usually dont have a legal obligation to pay the debts of a deceased relative who was not your spouse. Even a spouses obligation to pay may be limited under state probate law. To determine whether youre legally obligated to pay, talk to an attorney who is knowledgeable about this area of the law.

What should I do if a debt collector contacts me about a debt of a relative who has died? Give the debt collector the contact information of the decedents personal representative. Thats the person responsible for settling their affairs, including paying any outstanding debts from the estate. If there is a will, the personal representative is known as the executor; if there is no will, the personal representative is known as the administrator.
Dont give any of your personal information, like your Social Security number, birth date, or financial account numbers to anyone unless you know who youre dealing with. Some con artists may check obituaries and other legal notices, and then contact relatives of a deceased posing as debt collectors. These scam artists can use your personal information to help them commit identity theft or other types of fraud.

Do I have to speak with a debt collector who contacts me about the debts of a deceased relative? No. But if youre a decedents personal representative, or otherwise legally obligated to pay the debt, you may want to talk with the debt collector to see if you can resolve the matter.

Can I stop a debt collector from contacting me about the debts of a deceased relative? Yes. If you decide that you dont want a debt collector to contact you again, write a letter to the collector saying so. Then, make a copy of your letter, send the original by certified mail, and pay for a return receipt so you will be able to document what the collector received and when. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact and to let you know that they or the creditor plan to take a specific action, like filing a lawsuit. Remember that even though the collector is prohibited from contacting you again, they still may sue the estate of your relative or the legally responsible person to collect the debt.

Can debt collectors tell anyone else about my dead relatives debt? Other than to get the personal representatives location, a debt collector generally is not allowed to disclose your relatives debt to anyone other than the deceaseds spouse, parent (if your relative is a minor child), or guardian.
For Complaints and More Information
Report any problems you have with a debt collector to your state Attorney Generals office ( http://www.naag.org/ ) and the Federal Trade Commission ( http://www.ftc.gov/ ). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney Generals office can help you determine your rights under your states law.
For more information about debt collection and the additional rights provided under the FDCPA, see Debt Collection FAQs: A Guide for Consumers at ftc.gov/credit .
For information on other credit-related issues, visit www.ftc.gov/credit and http://www.mymoney.gov/ , the U.S. governments portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues , visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network , a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad. 
June 2009
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