Bank Levy - Cohen & Slamowitz - Please Help!

[Hungry&Tired]

Not going to help...

Sure I paid it off.. But I didn't think it would be wise to pay a CC company that was ripping me off with interest, late statements and other BS with a check. I didn't want them dealing with my bank at all. This was before the debit card was popular. Ahhh! I can picture the envelope in my minds eye with the Post office receipt, copy of money order and settlement offer and great notes & attachments. Funny how they didn't lose the one I sent with Western Union and I confirmed. I don't have that envelope either. Trust me I lost ALOT of stuff. Official military documents and priceless others. I sent it return receipt and can't track that either, no receipt. Yes, don't pay off a debt with a money order that's my next bit of advice to you guys.

I cried and I said that I am going to really need something in here one day while I was cleaning up the mess. Boy was I right!

In the answer to my first question "was I screwed?", I guess I am. < really just hitting me now> But I'm going to get screwed while on top and ride this baby til the wheels fall off. <still don't feel better, tho>
sorry for the graphicness of this post, don't mean to offend anyone.

 

[Hungry&Tired]

Representation..

Quote from boswd:

You need to do two things.
1) Whether you want to or not you need to find an attorney that specializes in these types of cases.. when accurate records by the OC aren't kept this white underbelly part of society can be devasting to people. You need to bite the bullet and seek representation.

If I could aford presentation right now I would have it already. Bite the bullet. I'm hoping to bite some food in the coming weeks. They took a good amount of money from me < bank froze double the imaginary amount> and I have swore off credit cards for a few years now. I'm going to have to put on high heels and a black dress to get some help now.

 

[boswd]

Sure I paid it off.. But I didn't think it would be wise to pay a CC company that was ripping me off with interest, late statements and other BS with a check. I didn't want them dealing with my bank at all. This was before the debit card was popular. Ahhh! I can picture the envelope in my minds eye with the Post office receipt, copy of money order and settlement offer and great notes & attachments. Funny how they didn't lose the one I sent with Western Union and I confirmed. I don't have that envelope either. Trust me I lost ALOT of stuff. Official military documents and priceless others. I sent it return receipt and can't track that either, no receipt. Yes, don't pay off a debt with a money order that's my next bit of advice to you guys.

I cried and I said that I am going to really need something in here one day while I was cleaning up the mess. Boy was I right!

In the answer to my first question "was I screwed?", I guess I am. < really just hitting me now> But I'm going to get screwed while on top and ride this baby til the wheels fall off. <still don't feel better, tho>
sorry for the graphicness of this post, don't mean to offend anyone.

Umm I don't want to be a arm chair quarterback, but you should always pay by check, that is your receipt that is how you track you costs, they can't touch your bank account w/o a judgment.

 

[boswd]

Quote from boswd:


If I could aford presentation right now I would have it already. Bite the bullet. I'm hoping to bite some food in the coming weeks. They took a good amount of money from me < bank froze double the imaginary amount> and I have swore off credit cards for a few years now. I'm going to have to put on high heels and a black dress to get some help now.

You can find attorneys that will give free consultatin and their are also Pro Bono attorney's out there, you'll have to search, because fighting this on your own with no proof of payment just isn't going to happen,

 

[Kanman]

You can find attorneys that will give free consultatin and their are also Pro Bono attorney's out there, you'll have to search, because fighting this on your own with no proof of payment just isn't going to happen,

That is true, there are SOME legal clinics and attorneys that work pro bono, but they are far and few. I was instructed to find an attorney on the NACA website in my area for help. I got two that specialized in debt. One was too busy to take my case and the other laughed at me and said he did not help people who actually owed money. I could not believe it. He then referred me to the first lawyer.

There is no money it and there are many in your same situation. It also is not a quick process for some of the free lawyers. You fill out a detailed survey and then they pan your case around to different firms for a bite. This could take weeks. Again, it may be different where you live.

You may have to pay if you need immediate help.

 

[Hungry&Tired]

here is my defense

I've been reviewing all of the posts and all of my research and here is where I am.

Right now what I can prove is;

Final activity on the account was in 2000. They have it listed as of 11/2000 and it was more like 8/2000 when I made settlement payment but there records reaged on my credit report is 11/2000.
They filed suit in 12/2006. So I have an sol defense. Don't I?

Service;
They have my deceased mother listed in the method of service. She has been gone for three years now.
They also describe someone whom I've never seen before.
Lots of inconsistent details in the method of service.

Wil I be able to get ALL of my records from the bums who bought the bad note? After the order to show cause? There has to be record of that large final settlement payment.

Do you think that after I requested validaton of debt and told them I paid it off already, they subsequently did this late mad dash law suit with questonable service knowing that they would receive a default judgement and hoping I wouldn't fight it?

How can people live with themselves. is it really only about the bottom-line with these jerks?

What do you guys think is the possibility of getting my judgement vacted on these issues?
70/30? 50/50 . I need numbers please folks. This is more than the money now. They have to be stopped from doing this to ANYONE. I don't want anyone else to go through what I've gone through. I wonder how many have and just paid them to go away, thinking that people wouldn't keep records from so far back and sapping all of their money in the meantime knowing it would make it hard to mount a defense.

Thanks again...

 

[Hungry&Tired]

update

Copied file..

They lied about service and served my deceased mother, I asked her ashes today if she talked to anybody about a summons. Don't think so.

They filed 11/2006 about 6 years after last activity according to their records. I am still going to defend with that too.

After judgement is vacated and it WILL be vacated.... I'm staying posiive!

I wonder if I can get a hold of those original files and see the real SOL date. Can I file for verification then? Can I subpoena the files from OC?

 

[aant]

Hope you're not offended by this, but what are the chances of any of your documentation drying out? And have you already thought of looking in other places in your home for shreds of evidence? Tonight I found a few letters I had forgotten were sent to me, in an odd place (put there while I was less organized). Plus some old check ledgers.
If not, can you try going to your local bank branch & explaining your situation & asking if they'll waive a copy fee or two? It's unlikely but worth a shot. I wouldn't explain your situation to any DCs - they don't know if you're being truthful, as someone else pointed out.
I gather this happened very recently. If this were me I'd try to step back from it for a minute, as impractical as that sounds. Sleep on it once, invite yourself to someone's for dinner (or get something at a shelter if it's that bad), screen out all the emotion you can, & you might come up with solutions you haven't thought of yet. Problem solving gets pretty inefficient when it's confounded by sleep deprivation & emotion & hunger.

 

[Hungry&Tired]

TY aant

You are absolutely right when it comes to getting sleep. I still didn't go to bed yet.

I got a call from an attorney tonight and he pointed me in the right direction.
I can't afford to wait another day. Once they seize my funds it's over I'll never get them back.

The problem is not a lack of food the problem is that I have food that I can't eat. Same damn thing, I'm on Special Diet for my health.

Night people. I am going to sleep now and that's a big improvement over the last 6 days.

 

[boswd]

I am very happy to hear you have been in contact with an attorney, that is a huge step in the right direction and getting this all cleared up. And the fact they served your dead mother should be huge. Hopefully this should get it vacated and at the very least you can use the SOL which in NY I do believe is six years. Especailly since you have already paid the stupid debt.
Now in the future, assuming this all works out for you, fingers crossed, always pay your creditors by either check, debit card so there is a paper trail, never pay a creditor by money order, and even if you do at the very least send it certified mail. The more paper trail you have the better. Go out and get a small fire/water proof safe, when you can and keep all your important records in there.
Good luck.

 

[boswd]

Oh and one more thing. I just thought of this. You said in your original post you kept your records of this debt on your computer and/or disk and you said it was ruined by a flood. If you didn't throw it away You can take your hard drive and your disk to computer experts. You would be amazed at what they can recover from damage, you really would. This may cost you a few bucks so you might want to seek help from family and friends. No idea what the cost may be, maybe alot and maybe not. But it is worth a shot to look into.

 

[Kanman]

Now in the future, assuming this all works out for you, fingers crossed, always pay your creditors by either check, debit card so there is a paper trail, never pay a creditor by money order, and even if you do at the very least send it certified mail. The more paper trail you have the better.

I would not pay them with a debit card. It can be an open invitation to your bank account. Debt collectors do not always play within the laws. Stick to all the other paper methods.

 

[Hungry&Tired]

Update

I filed an Order to Show cause and will go to court next Friday.

Assuming the CA's attorney shows up I intend to get this whole thing dismissed either way.

They have been trying to have the Marshall seize the money from the account already assuming that I would not fight them and that the bank would be crazy enough to release it before time has elapsed. Oooh those "dirty" debt collectors. The law is a joke to some of them.

 

[boswd]

Good luck and keeps us posted

 

[Kanman]

Hungry&Tired, I sent you a PM where you could possible get more help in this situation.