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  #1  
Old 10-07-2006, 04:57 PM
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fraudulant wage garnishment

What is the name of your state? NY
I'm making this shorter this time because I typed out the long version befopre and had to log back in and lost everything I previously typed. Anyhow.....
I have filed complaints with the FTC and NYS Attorney generlas offcie (who depsite their claim of being aggressive certainly don't seem to be) and I continue to file daily complaints with the FTC about a comany who deviously got a summons through a court in a county that I didn't live in, for a debt I never incurred and they will not validate the debt. I talked to their lawyer asking him to cease and desist because I didn't know what was going on and he didn't even let me finsih my sentence. He went off on me about how I was living in fairyland if I thought that was going to work and then proceeded to badmouth my dead mother and some other relatives, then hung up on me. A freebie lawyer looked at my paperwork and said there's nothing I can do. I talke dto 2 other lawyers and they say the same, yet.... I was never sevred, the debt is not mine and no one can or will validate, so how the heck did they pull the wool over everyones eyes? My wages are currently being garnished for this and I'm having one heck of a time surviving while the NYS Attorney Generals office drags their feet.
Any suggestions? Of course, if I could file bankruptcy I would but cannot afford it.
  #2  
Old 10-07-2006, 05:45 PM
BL BL is offline
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Quote:
Originally Posted by bradmaniac View Post
What is the name of your state? NY
I'm making this shorter this time because I typed out the long version befopre and had to log back in and lost everything I previously typed. Anyhow.....
I have filed complaints with the FTC and NYS Attorney generlas offcie (who depsite their claim of being aggressive certainly don't seem to be) and I continue to file daily complaints with the FTC about a comany who deviously got a summons through a court in a county that I didn't live in, for a debt I never incurred and they will not validate the debt. I talked to their lawyer asking him to cease and desist because I didn't know what was going on and he didn't even let me finsih my sentence. He went off on me about how I was living in fairyland if I thought that was going to work and then proceeded to badmouth my dead mother and some other relatives, then hung up on me. A freebie lawyer looked at my paperwork and said there's nothing I can do. I talke dto 2 other lawyers and they say the same, yet.... I was never sevred, the debt is not mine and no one can or will validate, so how the heck did they pull the wool over everyones eyes? My wages are currently being garnished for this and I'm having one heck of a time surviving while the NYS Attorney Generals office drags their feet.
Any suggestions? Of course, if I could file bankruptcy I would but cannot afford it.

First of all , the Attorney General's Office of Consumer Affairs can Only take your complaint , forward it to whom you complain about , and hope for an reply/resolution . Unless that Office/Agency sees a Pattern of complaint about who you complaint about , the OAG will not take any further action . They will send you a written reply out the outcome from sending the forwarding the complaint you filed with them. A reply could take a couple of months .

Secondly , you already have a Judgment against you , and your wages are being garnished . One sends a cease and desist letter while still in the collection faze , before court and Judgment may occur .

You've had a number of Attorney basically tell you theirs nothing you can do. Perhaps you were served in a non traditional way , and don't realize it .

Perhaps you owed a debt , and it was sold to a different firm .
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  #3  
Old 10-07-2006, 08:35 PM
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Ok, exactly WHEN did this judgment happen ?? HOw long ago ?
Have you gotten a copy of the judgment case file to find out EXACTLY what went down ?? If not, get yourself down to the courthouse and get a copy of it. In it will be a proof of service affidavit that will tell you where, when, how, and to whom the summons was served. IF they served you at a bogus or ancient address, you MAY have grounds to challenge the judgment and to have it vacated. If the debt is NOT YOURS and you can PROVE it's not yours, there IS something you can do - APPEAL THE JUDGMENT !

You need to find a better lawyer. It just so happens I know a NY attorney who is part of the NACA network (consumer advocate lawyers) if you can't find one on your own.
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  #4  
Old 10-08-2006, 04:41 AM
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re: fraudulant wage garnishment

I know the guy at the NYS Attorney Generals office claimed they could stop the garnishment for me, so I'm not sure why he would say that when all they do is pass information around. But anyhow.... I went down to the courthouse in Cortland County, paid $5 to get a copy and the guy who signed the "Proof of Service" says he hung it on my door and the REAL kicker was that he had a BOGUS signature verifying it with a neighbor who DID NOT live across the street that he claims to have verified it at!
I didn't live at the address, nor in the county he supposedly hung it on the door at, so I knew nothing about it. It was allegedly served in February of 2005, so I was indeed surprised when I got a call at work 2 months ago from a (poor excuse for) a lawyer about wage garnishment of which is now draining me of needed money to support my family.
As for proving it? I have nothing on this debt, so how could I prove it's not mine? My other concern of course is that I ma digging through some old bills, trying to find some kind of proof that I didn't live in that county at the time because I'm assuming I woudl also have to prove that. Anyway, yes, I could use a NACA attorney, although given my money problems (and especially now) I really need it either done for ffree, or perhps the process could be explained to me so I could do it myself.
thanks for your response.
  #5  
Old 10-08-2006, 09:15 AM
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Quote:
As for proving it? I have nothing on this debt, so how could I prove it's not mine?
You challenge the judgment itself and you make THEM produce whatever THEY have that proves it IS yours. You can't prove a negative. You can also appeal the wage garnishment with the court and you most definitely SHOULD do so. This will also get you a chance to attack the judgment. Calling the the lawyer is pointless, they're not going to stop nor are they going to do anything to help you.

As for the address where the summons was served, do you have ANY utility bills, phone bills, etc. that can prove where you DID live when the summons was served at the bogus address ?? If you didn't keep copies, then call the utilities, phone company or cable company even and ask for a copy of your records from that time period.

I'll find out how you can get in touch with the NACA attorney and PM you with the info, but I seriously doubt he will do anything for free.. most lawyers won't.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #6  
Old 10-08-2006, 10:00 AM
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Well, I just found several utility bills dating before they alledgedly served me.
Kaching!
You won't be able to PM me, I don't have that.
So, can I challenge this on my own? If so, how do I go about doing this?
I would like to get on it as soon as possible. I like what you're telling me.
  #7  
Old 10-08-2006, 02:39 PM
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Ladynred,
Since I am unable to send or receive PM's I set up a temporary junk email address.
Go ahead and send me the information you get. It's:
[email]justanother@earthling.net[/email]
thanks
  #8  
Old 10-08-2006, 02:42 PM
BL BL is offline
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Quote:
Originally Posted by bradmaniac View Post
Ladynred,
Since I am unable to send or receive PM's I set up a temporary junk email address.
Go ahead and send me the information you get. It's:
[email]justanother@earthling.net[/email]
thanks

I think He likes you !!
Ladynred
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  #9  
Old 10-09-2006, 11:27 AM
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oops

my bad.... I didn't look in the left hand column. Therein is my PM area.

Sorry. I didn't mean to imply anything by posting an email address for you.
I'll go crawl in my hole now.
I would still like the information however as I need to stop this as quickly as possible.
thanks.
  #10  
Old 10-09-2006, 01:11 PM
BL BL is offline
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Fry ...
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  #11  
Old 10-11-2006, 11:08 AM
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Okay, I just turned on PM's.
<slaps self in head>
I haven't heard anything however, so I'm re-asking....
can I challenge this on my own? If so, how? Anyone?
thanks.
  #12  
Old 10-11-2006, 07:43 PM
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Location: Nashville,TN
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LOL

Yes, you can challenge it on your own. First call the courthouse and see if the clerk has any forms to submit an appeal, some do. If not, you would need a motion to stay the garnishment, then file a Motion to Vacate the judgment.

You're going to have to make your case that it is not your debt and they never should have sued you in the first place. You should also try and dig up tax returns, W2's, driver's license, anything 'official' to show you didn't live at the address where the summons was served. Car payment book, mortgage statements, - that kind of thing.

This is a sample Motion to Vacate for the state of Delware:
[url]http://courts.delaware.gov/How%20To/?civilmotionpkt.pdf[/url]

YOu would have to modify it for NY law, but the general legal format is the same.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
Last edited by Ladynred; 10-11-2006 at 07:48 PM.
  #13  
Old 10-12-2006, 10:07 AM
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Well, I found utility bills that show I was not living in the county where they did all this at the time. I also found a bill for an account I had, with the same name (a Discover card) and that account number is different and is not the one referenced in the summons. The one in the summons is supposed to be the account number I had with Discover. It is not. So is this "proving a negative" in a sense?
Anyhow, are my utility bills enough, coupled with the "real" account number?
Also, I do not understand the motion. Maybe with the information I have now I can talk to the "free" lawyer again. Would this be enough to go on? Thanks.
  #14  
Old 10-14-2006, 04:57 PM
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here's the scoop

well, after speaking with a real attorney, here's what I found out...
my utility bills don't mean much even though in esence they prove i was not living at the address or county I was "supposedly" served in. Even though I have a different account number, that doesn't matter either. I never saw a summons until 2 months ago, ehich by then it was well over the "year" mark that our great state of NY allows us.
I can honestly say that the system is set up in such a manner that scam artists can rip someone off very easily and get away with it because essentially the laws are such that they prevent the innocent from defending themselves.
In a nutshell.... I got ripped for nearly $11,000. I'm emailing the county clerk and thanking her and the judge for allowing a scam artist to take me to the cleaners. they really did their job well.
A word to the wise out there....
if you ever get contacted by Erin Capital Management, Eltman, Eltman and Cooper or Wallet Recovery (all based in NYC) you best get a lawyer because these 3 places are highly expert scam artists and they'll take you for a financial ride you won't soon forget.
Now I have to try and survive part of the winter until I get my income tax return and hope that it's enough to cover the cost of bankruptcy.
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