Update on my case with Mel Harris...

[fireup]

What is the name of your state? NY

I posted a thread days ago about Mel Harris firm frozen my checking account based on a default judgment against me.

[url]http://forum.freeadvice.com/showthread.php?t=381300[/url]

I went to the court house to "vacate the judgment" couple days ago. After waiting like three hours inside the court, a lawyer represented Mel Harris 's firm appeared, pulled me aside into hallway. He asked me that do I opened the credit account. I told him that no and explain that it is not in my credit report and I did not know anything about it until my account was frozen. He then ask us to fill the form affidavit of fraud, and they will agree to vacate the judgment. I asked him for evidents related to the fraudulence account, so I can report it to police. He said that he has none as this time. I went ahead and filled the form, and waited for the disposition paper I believe. After I got it, this is what it said,

"Upon the foregoing cited papers, the Decision/Order on this Motion is as follows:
Defendant's motion is granted on consent and the main action is discontinued by plaintiff.
The judgment, if any, entered against the movant, and all post-judgment enforcement, including income executions and restraints, shall be vacated without further order of the Court..."

I guessed I won. My questions are as follow:

1) What is the "main action is discontinued by plaintiff" and "against the movant"?

2) Is this truly over? What should I do next?

3) I still do not have a letter from MHA saying that the fraudulence account does not belong to me, etc. Should I keep writing letter to ask for all the evidents related to this account, so I can file a police report?

4) After I write the letter to MHA, how long do they have to turn over the evidents if they have any before they violated the law?

5) If they don't have or won't sent for any evident, can I sue to MHA for damage (fee for frozen account, bounce check fee, etc) due to their action?

6)Why couldn't they asked me to fill the affidavit of fraud when I called them? Is that some kind of lawyer tactic?

7) If you have someone's SS#, first and last name, can you run a credit report check to find out that individual address?

8) Once I agreed to fill the form, I didn't even go in front of judge. In hind sight, did I do something wrong by agreed to fill the form, and not let the case continuous?

Again thanks for all who gave me support and advice.

[debtcollector`]

They accepted your story and dropped the case. What more do you want?

[fireup]

What more do I want, debtcollector? First of all, it is not a story. It is a fact. Second of all, if they were so willing to accept my story, they would sent me an affidavit of fraud when I called them. Not after I filed the vacate the judgment, then they offered affidavit of fraud before we came before the judge. I am out almost two hundred dollar and many hours of work, and that was not my fault. They had my SS#, my first and last name; are you telling me, debtcollector, they still cannot find me? Nonetheless, they found my bank account. Also, they drop it for now, but with their reputation, I want to make sure it won't appear again in the future.

[debtcollector`]

Originally Posted by fireup

What more do I want, debtcollector? First of all, it is not a story. It is a fact. Second of all, if they were so willing to accept my story, they would sent me an affidavit of fraud when I called them. Not after I filed the vacate the judgment, then they offered affidavit of fraud before we came before the judge. I am out almost two hundred dollar and many hours of work, and that was not my fault. They had my SS#, my first and last name; are you telling me, debtcollector, they still cannot find me? Nonetheless, they found my bank account. Also, they drop it for now, but with their reputation, I want to make sure it won't appear again in the future.

Stow your attitude and you will get farther in life son.

[StephenH]

DebtCollector',

Mel S Harris has a lot of complaints online about their practices. This person is not alone.

See these URLs:

[url]http://www.budhibbs.com/debtcollectorpages/harris_mel_cmts.htm[/url]
[url]http://www.thepetitionsite.com/1/STOPMELSHARRIS[/url]

Some of the reports include

* Serving at old addresses to prevent debtor from responding in time
* Using false documents to prevent debtor from knowing they have been sued

Just to name a few

One other thing is that some people regard Mel S Harris as the "Bank Freeze King"/


Stephen

[anatidae]

Originally Posted by debtcollector`

Stow your attitude and you will get farther in life son.

Pot.. meet kettle

[fireup]

"Stow your attitude and you will get farther in life son." It may not work with people who try to take advantage of you, debtcollector. You maybe a different debt collector. Since I never talk to you, I cannot tell. I did talk to MHA. I tried to reason and patience with MHA first, even after they frozen my account. What do I got? Nothing but attitude. Two days before we supposed to go to court, they sent me a letter to urge me to arrange for payments. When I went to the court to fight the judgment, all of a sudden, 180 degree turned around. They pulled me aside and asked me two questions. "Is this your account?" "Are you willing to file an affidavit of fraud?" That is it. Just like that they dropped the case (I assume). After what they put me through for the past few weeks: frozen my account, ran up fees, and tried to get me to pay. The worse part is I did not even open the account. If it happens to you, debtcollector, what will you do? How will you feel? I do not believe you will just forget about it and hope it would not come back again.
Anyway, my reason to post is asking questions. Would anybody who can help, please answer these questions.
My questions are as follow:

1) What is "main action is discontinued by plaintiff" and "against the movant"?

2) Is this truly over? What should I do next?

3) I still do not have a letter from MHA saying that the fraudulence account does not belong to me, etc. Should I keep writing letter to ask for all the evidents related to this account, so I can file a police report?

4) After I write the letter to MHA, how long do they have to turn over the evidents if they have any before they violated the law?

5) If they don't have or won't sent for any evident, can I sue to MHA for damage (fee for frozen account, bounce check fee, etc) due to their action?

6)Why couldn't they asked me to fill the affidavit of fraud when I called them? Is that some kind of lawyer tactic?

7) If you have someone's SS#, first and last name, can you run a credit report check to find out that individual address?

8) Once I agreed to fill the form, I didn't even go in front of judge. In hind sight, did I do something wrong by agreed to fill the form, and not let the case continuous?

Thanks in advance for those who answer my questions.