Help!!!! what do I do?

[Rainiswithin27]

undefinedWhat is the name of your state? New York

Yesterday I found a summons in my mailbox from Cohen and Slamowitz for $5,995.54 as of July, 2001 + $1,199.11 in legal fees + unspecified interest as of July, 2001 (all relating to a Providian account dating back to January, 1999

1. After researching Cohen and Slamowitz, LLP, I have been reading some rather sordid information pertaining to their business methods and otherwise unethical proceedings. I question their legitimacy for several reasons, and even though my opinions do not matter in regards to them their practices do impact me in several ways. I received the Summons on November 23, 2005. It was postmarked November 22, 2005, and the date to appear for answer was October 13, 2005 and filed in Court on October 27, 2005. It is quite clear that I have been bereft of absolutely no time to produce an answer and that I wasn’t even served within the county in which I lived giving me the proper 30 days stated in Item B for what the law provides, i.e, “IF THIS SUMMONS IS SERVED BY DELIVERY TO ANY PERSON OTHER THAN YOU PERSONALLY OR IS SERVED OUTSIDE THE COUNTY OF ______, OR BY ANY PUBLICATION, OR BY ANY MEANS OTHER THAN PERSONAL DELIVERY TO YOU WITHIN THE COUNTY OF ______, YOU ARE ALLOWED THIRTY (30) DAYS AFTER SERVICE IS COMPLETE WITHIN WHICH TO ASNWER.”

2. Also, I have a very recent Credit Report that shows inactivity on the account since 1999, not 2001.
I'm totally willing to take responibility for this debt, but not if the statute has run out. I have others that I'm trying to pay off as well and have made arrangements with the them in respect to same.

I would appreciate whatever advice is proffered in order how to proceed and what actions to take right away to prevent and thwart any judgements. I feel that I have not been allowed due process. Also, the Summons was not signed by an attorney, nor were the documents prepared properly with index numbers on all pages. Am I in error in believing that these documents are legitimate and is there a way for me to confirm that this summons was ever filed in the County Court?

[zippysgoddess]

The SOL in NY is 6 years, so if your count is correct, it could be past the SOL, or still within it, depending on the month of default. The default date would be the date when any activity last took place on the account, either a charge to the account, or a payment, 30days after that, when no other payments or usage was made on the account, it was in default, and that is when the SOL would start counting.

I am hoping someone else can pop in to help with some of your other issues.

However if the debt is past the SOL, and you can prove that, then that would be your defense/answer in response to the lawsuit to get it dismissed as being a time barred debt.

I am a little confused by your post though, are you saying they actually had the hearing and such in October, and just now notified you? If so, then you can more than likely have the judgment vacated due to improper service.

Yes, you can check with the county court clerk to see if this has actually been filed, they will have the information you need. Some companies do send these things, they hope to scare you into paying by making it look like a real court document, and making you think they have filed a suit.

[debtcollector`]

Originally Posted by zippysgoddess

Some companies do send these things, they hope to scare you into paying by making it look like a real court document, and making you think they have filed a suit.

That is a violation of the FDCPA.

§ 807. False or misleading representations [15 USC 1692e]

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

....

(9) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.

AS for the OP, call the court clerk's office and ask about the summons and the hearing.

DC

[Rainiswithin27]

NY

Thank you for your input. I was more than a little disturbed by the way I was served which did not allow for due process or time to respond as the answer due date was set for October 13, 2005 and I did not receive Summons until November 23, 2005. I too felt that this was a scare tactic, but naivite' is not an option. My credit report is as recent as last week, and it clearly shows inactivity on the account since January, 1999. Where do I go from here?

undefined

Originally Posted by zippysgoddess

The SOL in NY is 6 years, so if your count is correct, it could be past the SOL, or still within it, depending on the month of default. The default date would be the date when any activity last took place on the account, either a charge to the account, or a payment, 30days after that, when no other payments or usage was made on the account, it was in default, and that is when the SOL would start counting.

I am hoping someone else can pop in to help with some of your other issues.

However if the debt is past the SOL, and you can prove that, then that would be your defense/answer in response to the lawsuit to get it dismissed as being a time barred debt.

I am a little confused by your post though, are you saying they actually had the hearing and such in October, and just now notified you? If so, then you can more than likely have the judgment vacated due to improper service.

Yes, you can check with the county court clerk to see if this has actually been filed, they will have the information you need. Some companies do send these things, they hope to scare you into paying by making it look like a real court document, and making you think they have filed a suit.

[Debt Guy]

Go down to the courthouse to the court clerk's office.

Ask if there is any judgment or litigation pending against you. Read the file.

If the judgment has already been granted, ask the clerk if they have a form for filing a motion to vacate based on improper service. If they don't have a form, ask if you can see a sample.

If the judgment has not been granted, find out when is the deadline to file your response. Ask the clerk if they have a form to file a response that the debt is time-barred (out of statute). If they don't have a form, ask if you can see a sample.

If you are going to be your own lawyer, you are going to have to do this yourself.