False Judgment made against me

[ashleywilkes]

No. Rockland County --- about 4-5 hours South, i believe

 

[ashleywilkes]

I want to take them to small claims court here in Los Angeles though. Is that legal?

 

[CourtClerk]

I want to take them to small claims court here in Los Angeles though. Is that legal?

No. You can't sue and serve out of state in Small Claims Court in CA. You want to sue them, you'll be doing it in NY.

 

[ashleywilkes]

Can I ask the county clerks off to put in writing for me that they could find no case/jurdgment against me? They did not offer this when I called and I did not think to ask at the time

 

[CourtClerk]

You can ask them whatever you'd like. Whether or not they will do it is anyone's guess. Won't hurt anything if they do. They will probably charge you a research fee.

 

[ashleywilkes]

Thank you for the information.

 

[Shepette]

The paperwork you received from your bank should list an Index No. in the top right hand corner. Call the County Clerks office and give them the number. I did this and found out that they did not have a record of it because it wasn't filed in that particular court (Riverhead, Suffolk County NY 10th district court) but the judgement was listed in the 4th District Court in Hauppauge.

I had my accounts frozen 12/31/08 to the tune of over 8,000 for an alleged judgement that was entered back in July of 2007 that I never knew about, was never served and never showed up on my credit report. My paper from the court states it's an Information Subpoena and Questionnaire with Restraining Notice.

I called my lawyer about this because judgements can stay on your credit report for 20 years.

You can find out what court if was filed in and request a copy of the judgement along with paperwork to fill out to show cause and requesting a taverse hearing. Mel Harris is famous for not serving the papers correctly and going after people for debts that have reached their statue of limitations. If you google Mel Harris and Associates you find quite a lot of nasty information on him and his practices in NY. If you file these documents, in the end your case will most likely be dropped. Don't call his firm, they will strong-arm you to pay whether you owe the amount legally or not, and once you do commit to it you're sunk.

You can write to the NYS Bar Association about him and the Fair Credit Reporting Commission (I think that's the name?). You can also sue him in small claims court for 1,000.00 but you have to do it in NY.

I was sued by a company called lR Credit 12, LLC by Mel Harris and I have no idea who they are or who I would owe money to, but now my account is frozen as well as the direct deposit of my payroll check that went into my account yesterday. First thing Monday morning I have to stop all automatic payroll deposits.

If you're trying to find what district court in NY holds your judgement (if it's even valid), I found that by the first number after the SMC was #4, meaning fourth district court. You can try that. Wish you luck, some Happy New Year huh?

 

[ashleywilkes]

The top of the paperwork given to me by the bank says CITY COURT OF THE CIRY OF ROME, COUNTY OF ONEIDA and has an index no. So, as they did not have this index number on file, chances are, the judgment is not even in their court even though it says so on the restraining order served to the bank. Is there a number I can call to find out about this judgment (with out involving a lawyer) and where it is supposedly being held?

 

[Shepette]

You can call the Clerks Office for the City of Rome, County of Oneida and ask them to do a search for the number. If they don't show one you can ask them what you should do next since your bank obviously received this and have frozen your accounts. It's not uncommon that this law office sends these out with fake claim numbers that they make up. This is just a tad bit illegal.

Once you find out from the courts that the claim is bogus, you will have to ask the clerk how to go about having the funds released.

 

[Shepette]

You can try this but check out with the BBB, etc. to make sure they are legit.
Is Forster & Garbus after you for an old debt ? Here is a solution... - new york legal services - backpage.com

 

[ashleywilkes]

thank you for your help