I have been receiving letters from them from time to time to pay for an old debt that got charged over twice.  it's definitely past 4 years, and just received a court paper of deposition subpoena to one of the former debt collector, they want paper from the original credit application, any payments, and so forth.  It seems to me that they have nothing on me, and want that proof before they take me to court.  
Ive also in the past received court papers from another debt collector, I'm sure i got served right, but didn't go to the court date.  They didn't win, due to the statue of limitation as well as not being the original owner of the debt.    I am hoping it will be the case for this if/when it does go to court.  I just can't fathom why a judge would let a loan that is over the 4 years go in their favor regardless if the defendant shows up or not.

you should look into the statute of limitations on debt collections in your state. usually its between4 to 6 years

Persolve LLC dba Account Resolutions is the worst 3rd party debt collector  - who bogs the courts down with bogus law suits to intimidate people into paying them. This company typically, cannot even PROVE that they own the debt or are entitled to any payment whatsoever.  Their is a 'chain of ownership' that must be proven by them - and 9.5 times out of 10 - they CAN'T.  Do NOT pay them or settle!!!!   I hired a lawyer with a VERY REASONABLE RATE - Adam Hollander-Urbach - who easily won this case for me, and got my court filing costs back!!  You can find him on legal websites like Avvo and or a google search. He's in Los Angeles. I would suggest you find and call him if you're being contacted by Persolve and the their shady lawyer - Edit Alexandria.

Another place to complain is on AVVO - a site that rates lawyers.

https://www.avvo.com/attorneys/91311-ca-edit- ... l?rk=3bc2e51601

I think it's time everyone on this site, or comes on this site starts to complain to the CA Bar Association about Edit Alexandryan and Alaine S Pattijelsvik, the debt collection attornies at Persolve LLC.  File your complaints here and ask for their licenses to be revoked,  or ask for disbarment, censure. Please request that:

Attorney Edit Alexandryan is disbarred by State of CA as appropriate sanction for her misconduct in debt collection practices. Disbarrment is a disciplinary action whereby the California Supreme Court expels an attorney from membership in the State Bar.  The attorney?s name is stricken from the roll of California attorneys and the attorney becomes ineligible to practice law.

Attorney Alaine S Pattijelsvik is disbarred by State of CA as appropriate sanction for her misconduct in debt collection practices. Disbarrment is a disciplinary action whereby the California Supreme Court expels an attorney from membership in the State Bar.  The attorney?s name is stricken from the roll of California attorneys and the attorney becomes ineligible to practice law.


http://www.calbar.ca.gov/Portals/0/documents/ ... nstructions.pdf


Office of the Chief Trial Counsel/Intake
The State Bar of California
1149 South Hill Street
Los Angeles, California 90015-2299

"by saying they will continue to Call me"

Unacceptable, report them to the FTC. Call your service provider and block their number.

It looks like they have changed their procedure since I have last dealt with them. Before they said who they were, what the debt was for, and how much it was. She would say that they would be submitting a claim to the court unless the matter was dealt with immediately. Then they offered that "hardship application" if you could not afford to pay in full, that was their way of gaining any personal information.

Bottom line..... don't answer the phone.

I received a call from a representative from "Account Resolution Services" a front name for a scumbag collection agency called persolve llc. The rep wanted me to very my personal information before telling me what the call was about. All she would repeat was that it was a personal business matter. When I asked what that was she refused to tell me until I verified my personal information. I told her that a person must be an idiot in this day and age to provide that kind of information to an inknownet caller. She still refused and ending the call by saying they will continue to Call me. She then abruptly cut the call off before I could tell her to put her headphone where the sun doesn't shine.

I was advised Never repeat Never to put anything in writing to them regarding calls or continue a conversation because that could be used by these pricks to consider the so cslled debt reaffirmed which starts the statute of limitations over again.

Further if they did buy a legitimate debt from a previous creditor who wrote it off they paid only pennies on the dollar for it. Therefore and this is important, you can't owe them more than the amount they paid as the original creditor has already taken a business deduction for the loss minus what they sold it for. That difference in money has already been legally wiped off the books.

By the way if they try and get a civil judgment against you the amount of the debt determines what court level
They must go through in your state. The overburdened courts are will take years to hear the case so if you are caught in that dilemma ask for postponement after postponement. At some point the judge is
going to dismiss it as a nuisance.  

Bottom line tell them to go f*** themselves. O

Unfortunately this company hires process servers to serve you and it is usually at the last known address on your credit report (this could be a work address). The process server will drop it off and claim that you were served even though it was not hand delivered to you. This results in you not knowing of the suit and not answering it. They then get a default judgement against you. This is how they make money, because 99% of the time if you do show up, they lose.  I beat them very easily in court just by showing up and without a lawyer.  They can not sue me on that same debt again. If you had a 4+ year old debt, it would have been dismissed in court had you shown up. You have to bring up the Statute of Limitation Defense in your answer.That is just how the system works.

If you have not looked into getting the judgement vacated I suggest you do. Check out the forum on the previous pages and post any questions who have there. People on that forum have dealt with scum like this before and have beaten them. They would be more then willing to help you.

We had a 4yr + debt and they took us to court without serving us, and put a lien on your house, so get good legal information.  We didn't.  Thanks csea union.

In my opinion: This is a sheister collection agency.  They lie to you and the courts.  We never got served and didn't know anything about legal action against us.  It didn't matter that we were never served as the courts ruled against us anyway-thanks lazy court system.  Now we have a lien against our house.  These people have no conscience and do not care if you have only one income, kids, and you can't work because you are injured.  THEY DO NOT CARE, AND THEY LIE.  They will call you at work and harass your co-workers.  They will tack on bogus fees and attorney services and excessive interest.  These people are the the worst of the worst scum.

So when they are threatening you with a cause of action for a 10 year old debt, they are full of it. They know this, but they are betting on fact that you do not know this or will not go to court. Which is true, alot of people do not about the statute of limitations. If they file a lawsuit against, apply for a fee waiver, it only takes a couple minutes. If you do have to pay and the case is dismissed in your favor, ask for court costs to get your money back.

Yes it is legal to contact a neighbor to post a note on your door, unfortunately. They can only contact a 3rd party once though. They are doing this to embarrass you enough to call them. Contact your phone provider and block their number.

Just to be clear to some of you with a debt older then 4 years. If they file a lawsuit against you and you answer the summons while bring up how old the debt is, the lawsuit will be dismissed. It dosn't matter if you really owe the debt or not. The debt is too old! It varies state by state, but the oldest is 6 years which means a couple of you people being threatened for 10 year old debts are being scammed big time.

Statute of Limitations people, do your research. What they have is not a valid claim, they are trying to get you to settle or to admit to the debt over the phone. Do not talk to them, do not give them any information. If they file a lawsuit against you, go to court! Also, report these people for filing lawsuits that are outside the statute of limitations. They are wasting court resources and it is a huge violation.

Also! (Sorry I am very willing to help people on this, because this company is just awful)

California takes standing very seriously. You can argue Persolve lacks standing to sue, because they have not been personally damaged by the defendants' alleged conduct. You can bring up lack of standing at any point during the trial process, you can also do it in your answer. This is why if you show up to court, you WILL win. Persolve has no standing....

?A litigant's standing to sue is a threshold issue to be resolved before the matter can be reached on the merits. (Hernandez v. Atlantic Finance Co. (1980) 105 Cal. App. 3d 65, 71 [164 Cal. Rptr. 279].) If we were to conclude that plaintiff did not have standing to maintain the action, not having been personally damaged by the defendants' conduct, then there would be no need to address the merits of her cause. Equally wasteful of judicial resources would be a resolution on the merits without reaching the standing issue.? (Ibid.)

I am going to jump in here. This company Persolve LLC or AR & Associates is just a junk debt buyer with their own in house legal system. They are liars and law breakers, they skirt around FDCPA rules and will tack on more interest to the debt then they are allowed to. They will stop at nothing to get you to pay something, even if it isn't really your debt or if you are living paycheck by paycheck. They will try to make you feel horrible and then file a lawsuit against you. They will file a lawsuit even if they did not prove the debt or the debt is really old. You HAVE to answer that summons. If you do not, you will end up paying for a SOL debt. It is terrible, but that is how the system works.
There is no reason at all to answer that phone or to call them back. They are not interested in working with consumers, only in lawsuits and trying to get you to authenticate over the phone. They will not take anything less then 75%  and will not prove the debt. So do not bother.  
The reason why some of you did not know you were served a summons? They are notorious for serving people at their last known work address on their credit report. If your employer is a coporation located in another state, they will just guess and drop it off where they think you work.  I suggest you get that judgement vacated or file a writ of exemption.
It is very imperative, I can not stress this enough, that you do not talk to these people, even if they file a lawsuit against you. It is also important that you report anything to the FTC and State Attorney General. You can also file a complaint to the BBB.
Answer the summons and file a fee waiver. Admit nothing, deny everything. How do you do this? On your answer, say these simple words...

Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and therefore denies the allegations in Para. 1.
and so on for each paragraph.

For Affirmative defenses: Statute of Limitations if the debt is older then 4 years and/or Statute of Fraud if no contract exists.

You can further argue that the interest they are seeking is unlawful, that you have never received any written notices, and that a debt buyer is not permitted to use the heresy exemption.

Then at the end of the answer form: Wherefore the defendent prays the plaintiff take nothing, for cost of suit, and any further relief the court deems proper.

Also (sorry not trying to be snarky here) wouldn't it be better to show up to court and IF (Big IF) you lose then file a claim of exemption form?

But isn't a judgment good for 10 years and can be renewed for when you do come into money?

Also how can they file an opposition? Do they try to say you do indeed have money? How are they going to do that when you don't really have any money?

This jokers are so easy to beat. Really, all you have to do is answer the summons and show up to court. They know they have a poor case which is why they wait until the last minute to file or try to call you about this "Pending Legal Matter" pfft like that is supposed to scare me. If you get a voicemail like this...save it! If your debt is out of the SOL, that is a violation right there that could win you $1000.

They want you to A) Freak out and Settle or B) Not show up to Court.  

They are arrogant, lack standing and have sh***** witnesses. They make mistakes throughout the trial process and are just one hot mess. They even file lawsuits against people that really have no money! They must be desperate...

Hire a lawyer and sue them....

For all of you dealing with these scamming jerks I found some helpful sites. Know your rights people!
http://www.consumerfraudreporting.org/debtcollectionsol.php
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

However, regarding the above, I am not a lawyer. What I really want to say is: do not send the collection agency money just because they have sued you. Get a lawyer. But even if you employe the head in the sand approach like I did, they still can't really have your money if you are indeed broke.

This is what has happened to me, and I guess I should finish my thought. My next step is to go to a lawyer who specializes in working in these matters and vacating all judgments against me so that they don't come after me again.

You can win these cases pretty easily by ignoring them until they either levy your bank account or garnish your wages. At that point you file a Claim of Exemption. If you are indeed living paycheck-to-paycheck, the court won't allow them to garnish or keep the bank levy, end of story. Often they won't respond to the Claim of Exemption. If they do, they will file an Opposition, which will be chock full of lies or half-truths, meant to confuse. What you do then is file a declaration responding to the Opposition. Unless you are wealthy and spending a lot of money on luxury items, you will win. These places, and Persolve is no exception, are the bottom feeders of the legal industry. They are not smart. They are careless and they make a lot of mistakes. They file things incorrectly and tell frequent lies. Just wait until they garnish or levy and then file your claim of exemption IMMEDIATELY. It will pretty much end there.

similar happen to me they sued me and I wasnt even aware now i have a judgement for something like 1400 dollars. horrible

You are very welcome, I hope that the forum helps you out!
Do not let this scum get to you, they are lower then dirt and are very greedy. They will send you a whole bunch of "evidence", don't let that scare you. Its all garbage and means nothing. They will send you a paper asking for an witnesses or evidence you have, do not worry about that either, I had nothing for evidence so I threw it away.
Keep track of your case online every day, show up to every court trial (even the non-appearance case management) and do not give these people any money.  Remember they paid next to nothing for this debt. They never gave you any money, so it is b.s. that they would sue anyone.

Thank you so very much for your helpful information!!!!

Also...sorry I did not answer your other question. The people on the forums probably know better about this then I do. Generally, the only person they can go after is the person(s) listed on the complaint. However, they have been known to try to collect from the spouse, again this might be a question to ask a lawyer, but it is definitely a reason why you need to fight this.
Bankruptcy should be discussed with a bankruptcy attorney and should always be a last resort. You do have a good chance against Persolve in court with the right guidance. Again I strongly recommend checking out that forum and asking any questions you may have.

I defeated them pretty easily without a lawyer, however attacking the contract does not always help, most of the time it is best to challenge their standing to sue and the statute of limitations (if the debt is older then 4 years).... I think you would benefit to check out the forums on creditinfocenter.com.

In my case I had brought up that I have no contract with them (they never attached a copy of the contract to their complaint), that they had no right to collect on interest above 10%, and that the evidence they submitted were all heresy. They will say they have the right to heresy, but they do not as a JDB. If they do send you any evidence look at it very closely, such as the bill of sale (is your name and account number on the bill of sale?) and their affidavits which will have your name and account number, but look at the date...it could be different then on the bill of sale. Also affidavits can be stricken due to heresy.

Here is the link to that forum:

http://www.creditinfocenter.com/forums/search.php?searchid=4257453.

Post your question under Is there a Lawyer in the House?

Make sure be specific and post the complaint they sent you but leave any personal info like your name and account number out when asking for help as JDBs have been known to stalk these forums. The people on this site are very helpful and can help point you towards examples of what you should say in an answer. If your answer is good enough and you can smack them with a nice discovery, they might (might) dismiss the case on their own.

I hope that helps!

Another item I would like to include is that I have been working with a debt negotiation company....I have saved up $5,000...but when they tried to "negotiate" when Persolve, the "lump sum" that they want me to pay is $17,500 (YEAH RIGHT!!  If I had that kind of money, I wouldn't be in this mess in the 1st place).  Supposedly they are saying the amount is up to $23,000 magically since November and this would be a 70% payment. I am thinking of taking my $5,000 out of the special account the debt negotiation company saved for me and maybe using that to hire a lawyer...additional thoughts?

I am also being sued by Persolve...I will be filing my "answer" along with court fees.  The original debt was about $12,000, now they are saying I owe them (not my original creditor) $18,000...debt occurred from buying books for school (not enough financial aide money), and paying for basic necessities when I did not have any money.  The last payment that occurred was 2/2009 when I had my first daughter.  Since then we lost our house, I had daughter #2, I am 34 years old and definitely do not have $18,000 to pay them...I am living pay check to pay check and everyone knows that diapers and formula are not cheap, so the money won't be magically appearing any time soon.  

My questions are, when I file my answer, am I still able to answer in a similar function as the suggestions you provided above?  That my contract was not with them, that I don't know where the additional fees came from, etc?  I still have 20 days left to file, and I definitely won't be waiting until last minute.  If I am correct, I will be sending an "answer" to the court as well as a copy to Persolve (their lawyer)....then I guess just waiting to see what happens?  I have saved up enough money for the filing fee, but I don't have enough money for a lawyer.  Is there a place where they have suggestions on the verbiage to include on the "answer"?  

My second specific question is that this credit card was only mine, and my husband was never included on it.  Can Persolve or a judgement include him as well since we reside in California and we are married?

This is such a scary time, but I know it is my doing from bad financial choices made early on that I am paying for now while beginning my career.  It would be wonderful to make this go away if possible...I don't use credit cards anymore and I have become responsible with money over the last few years...just not enough to make this debt go away.  Any further guidance would be much appreciated.  Should bankruptcy be considered an option, or do I have a good chance in court against Persolve?
Thank you in advance for a response!!

I am an attorney in L.A. and will defend you in these types of cases.  My fees are very low and will be under $1,000 for the entire case, including a trial if there is one.  You pay the filing fees and costs.  My fees are paid step by step too, no big chunk upfront and no hourly charges, just flat rates for what I do.  I'm even defending my ex in a case exactly like yours: a debt buyer case.

Check my site and call: www.jksq.com

Jim

If Persolve does levy your bank account (or garnishes your wages if you work) you can file a Claim of Exemption Form. The forms are available at the court. You cannot file the COE form UNTIL Persolve takes this action. By filing this financial form you document your inability to afford the Levy or garnishment. If the court agrees (and from my experience the Judges do very often) you can then get your money back from the Sheriff who holds the funds until the court allows them to release the funds.

Forms for filing your Answer (or General Denial) with the court as well as a FEE WAIVER form are readily available at every court in California. You could have filed your Answer along with a Fee Waiver. I am sorry that you did not have anyone explain the process and how to go about it. Debt Buyers are the most abusive of all collectors.  Debt buyers and their law firms count on the fact that more than 90% of debtors they file suits against will not know what to do and will not file a court conformed Answer with the Court.  This allows a Debt Buyer like Persolve to get an easy Judgment by Default and use this to take court sanctioned collection actions like wage garnishments, a bank levy or a lien on property.  If you are a student as you have said, and your SSN shows up on any bank account that your parents have that account is also at risk. There are ways to protect your accounts.  $5200 + is a lot of money for someone that has no money or income.  Depending on how you were served and when the Judgment was taken you may want to speak to a lawyer about filing a Motion to Set Aside Judgment.  If you want more information you can go to: http://www.debtsurvivalnow.com/5-most-common-mistakes-when-being-sued.html and the blogger on this site can refer you to places where you can get help. Check out his "Been Sued" article.  I hope that I have been helpful.  Someone somewhere needs to help the little guy put up a fight against these debt buyers abuse of the legal system.

"The unethical attorney has more than just a slight advantage, he has a major advantage.  He is immediately given more credibility before the court than he should be afforded because one, he is called an officer of the court, and two, he is sworn not to do things to mislead the court.

He thinks himself safe from reprisal.  The bully hiding behind the door."