What is the name of your state (only U.S. law)? New York
My initial, most straightforward question, is under NY law, if service is via substituted service, when it says you have to "identify" the person who received service, does a physical description suffice? Or do you need a name?
And now for more details, in case anyone wants to chime in on the more involved saga:
About two weeks ago, I received a call that really upset me- apparently a judgment was entered against me in 2012 (that I'd never heard about or had appeared on my credit report) for 35,000- now 50,000 with fees and penalties. I got very concerned that I didn't have the money. The conversation was civil, but the agent was from a law firm. Judgment. The surprise. I really just got intimidated. The agent asked for my debit card, just to see if he could get even "$500". I gave it to him, told him it wouldn't go through because it wasn't pay day yet. Then he asked about my retirement accounts and told me I should withdraw funds from there. After the penalties, I had about 30k in my retirement account. He told me I could wire him that 30k, plus the 500 that didn't go through, plus make payments of 1k per month for a year and they'd forgive the rest of the debt. I initiated the transfer from my retirement accounts, but when I got off the phone, I started researching, and figured out that this probably wasn't a good move- that those funds were protected, that I was exposing myself to penalty and tax bomb, and really... I'd never heard of this judgment or collector. I cancelled the transfer from my retirement account and started looking into things.
I asked for supporting documentation, and apparently a "co-habitant" was served at my apartment (right address). This person is physically described as being of a different race than me, and not identified by name. Nor is there any signature. I have no co-tenant on my lease or in fact. At the time, I was a foster parent for NYS, so any cohabitant would have been subjected to rigorous screening and notification through ACS. I have the paperwork that says no one was living with me at the time- and that includes random drop-ins by caseworkers to confirm.
I do not recognize the original debt which was incurred in 2001 in Florida- so it may have been outside the statute of limitations, unless there's an argument that someone was making payments on it- but really, it seems completely bogus.
Over the weekend, after I'd pushed back in a couple of emails, asking for proof they had the right to collect the debt on behalf of the original creditors, etc., I noticed they "re-attempted" the $500 charge after my payday happened, which they were not authorized to do. They've admitted the phone calls were taped, and there was a clear understanding that the $500 was going to come from a wire, so I doubt they were legally entitled to remove it from my bank.
Two days ago, they froze the account connected with that bank. I alerted them that the majority of funds in the account were exempt (state payments for foster care/adoption stipends) and offered to provide documentation, and they've refused to lift the levy. This is incredibly inconvenient as I'm leaving the country for two weeks, and it looks like there might be a very small window to challenge the freeze. Is there the same small window to move to vacate the judgment? What about getting the $500 back?
I'm not a lawyer and my head is spinning. What would you do? And is this an area where I shoot myself in the foot to represent myself? If not, what do you think is a reasonable rate for representation? I was quoted $2500, by a "friend" for a "deal" and that just seems excessive to me. Frankly, as a single mom, I really can't afford it right now without a lot of pain/credit usage. Obviously $2500 is way better than $50000 and if I have to get a lawyer I will. But it seems like if it's an easy issue, like vacating for deficient service, maybe I could handle that myself. Not a lawyer, but good attention to detail, meticulous, and a great record-keeper.
My initial, most straightforward question, is under NY law, if service is via substituted service, when it says you have to "identify" the person who received service, does a physical description suffice? Or do you need a name?
And now for more details, in case anyone wants to chime in on the more involved saga:
About two weeks ago, I received a call that really upset me- apparently a judgment was entered against me in 2012 (that I'd never heard about or had appeared on my credit report) for 35,000- now 50,000 with fees and penalties. I got very concerned that I didn't have the money. The conversation was civil, but the agent was from a law firm. Judgment. The surprise. I really just got intimidated. The agent asked for my debit card, just to see if he could get even "$500". I gave it to him, told him it wouldn't go through because it wasn't pay day yet. Then he asked about my retirement accounts and told me I should withdraw funds from there. After the penalties, I had about 30k in my retirement account. He told me I could wire him that 30k, plus the 500 that didn't go through, plus make payments of 1k per month for a year and they'd forgive the rest of the debt. I initiated the transfer from my retirement accounts, but when I got off the phone, I started researching, and figured out that this probably wasn't a good move- that those funds were protected, that I was exposing myself to penalty and tax bomb, and really... I'd never heard of this judgment or collector. I cancelled the transfer from my retirement account and started looking into things.
I asked for supporting documentation, and apparently a "co-habitant" was served at my apartment (right address). This person is physically described as being of a different race than me, and not identified by name. Nor is there any signature. I have no co-tenant on my lease or in fact. At the time, I was a foster parent for NYS, so any cohabitant would have been subjected to rigorous screening and notification through ACS. I have the paperwork that says no one was living with me at the time- and that includes random drop-ins by caseworkers to confirm.
I do not recognize the original debt which was incurred in 2001 in Florida- so it may have been outside the statute of limitations, unless there's an argument that someone was making payments on it- but really, it seems completely bogus.
Over the weekend, after I'd pushed back in a couple of emails, asking for proof they had the right to collect the debt on behalf of the original creditors, etc., I noticed they "re-attempted" the $500 charge after my payday happened, which they were not authorized to do. They've admitted the phone calls were taped, and there was a clear understanding that the $500 was going to come from a wire, so I doubt they were legally entitled to remove it from my bank.
Two days ago, they froze the account connected with that bank. I alerted them that the majority of funds in the account were exempt (state payments for foster care/adoption stipends) and offered to provide documentation, and they've refused to lift the levy. This is incredibly inconvenient as I'm leaving the country for two weeks, and it looks like there might be a very small window to challenge the freeze. Is there the same small window to move to vacate the judgment? What about getting the $500 back?
I'm not a lawyer and my head is spinning. What would you do? And is this an area where I shoot myself in the foot to represent myself? If not, what do you think is a reasonable rate for representation? I was quoted $2500, by a "friend" for a "deal" and that just seems excessive to me. Frankly, as a single mom, I really can't afford it right now without a lot of pain/credit usage. Obviously $2500 is way better than $50000 and if I have to get a lawyer I will. But it seems like if it's an easy issue, like vacating for deficient service, maybe I could handle that myself. Not a lawyer, but good attention to detail, meticulous, and a great record-keeper.
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