Bank Levy - Cohen & Slamowitz - Please Help!

[Hungry&Tired]

What is the name of your state? New York

I have a huge mess going on right now and humbly thank you for any assistance and advice I can get in handling this matter.

C & S placed a levy on my bank account with Commerce Bank. The supposed debt was from a card that I had issued back in 1998 and closed a few months later because of their shady credit practices. At the time I had two cards with the creditor and after trying to negotiate with them I paid them off.

I have since had a terrible flood in my basement and my files were destroyed, my files and everything else down there. The disk that I had been scanning documents to has been corrupted and very little possibility of recovering any original statements and payouts. Does this screw me?

I received no letters from them and only phone call I personally received was at a friend's house in October and after disputing the debt and asking them to verify it I received no other contact from them. Winds up that according their suspicious additions to my credit report SOL was up in 11/2006, I estimate it around 8/2006 with no proof at this time.

I've pulled credit reports since then and the last one did not have any sign of one of the accounts from that creditor. Just the one on a separate account. Lo and behold C & S has added a new entry to my report and lists the following:

Date opened 05/2005, Type Installment, Recorded since 11/2000, Terms 1 Months
Reported Since 11/2000, Date of Status 11/2000

I was not aware of the suit, not served and now out of money. I work on commission and live from sale to sale and have no way of getting paid now that I have a levied account.

I have to make it to court to get the file on the judgement of this action, but once I get there what else do I do? I'm sure they have lies on the serving end. SOL end? What do I file when I go to court? I only have legal advice for real estate matters, not anything of this sort. Please Help!What is the name of your state?

 

[Kanman]

Here is a little background info on these scumbags from Budd Hibbs. Chech his website and read the reader postings under Cohen & Slamowitz.

Bud Says…

These two debt collectors are using their law firm and bottom feeder agency to buy, collect and file lawsuits on. Located in Woodbury, NY, the debt collection law firm of Cohen & Slamowitz and Gemini Recoveries, Inc. This is typical of lawyers buying old, mostly worthless accounts and filing lawsuits so they can make money off the misery of others.

The problem with these type debts is that they must be proved in a legal venue. Consumers are warned that bottom feeders, such as Cohen & Slamowitz, aka Gemini Recoveries have a VERY difficult time in producing the correct legal documents. Any suit should be challenged, make demand for all documentation that validates their claim. Do NOT accept anything other than original documentation, containing your signatures. Make them prove what the annual percentage rates are legal, i.e.; proof that you were notified of the prevailing rates y the original creditor and that it was a part of the cardholder’s agreement.

NEVER, take a default judgment from a bottom feeder, make them show up in court, always answer a summons. If you need assistance in dealing with these bottom feeders, I recommend you talk with a REAL lawyer by contacting a consumer law professional from: www.naca.net

http://www.budhibbs.com/debtcollectorpages/cohen_slamowitz.htm

 

[Hungry&Tired]

Thanks but...

Thanks for the info on C & S. I read it already. Not soon enough because if I had I would've been going to the court twice a month to check on judgements. I need to know specifically that when I go retrieve the records tomorrow from the court, do I file an order to show cause on the spot ? basically I need help in getting my bank account unfrozen so i can have luxuries like FOOD, roof, phone, gas and light. You know those bling-bling things. Hiring a lawyer will definitely come after I have a slice of bread or two. My mind is so befuddled right now and it not the time for me to go to court tomorrow and make a misstep. HELP!

Thanks in advance

 

[Kanman]

You are going to need some legal help in this matter, so go talk to a lawyer asap for help. I don't think you have enough time to do this pro se, unless you already are experienced to do so, which it does not sound like it.

Here are a few things I will throw out there..for you or someone else reading this in a similar situation.

1. No lawyer or debt collector can freeze an account without the signature of a judge. That means they have somehow gotten a judgment and garnishment order without you knowing about it.

Many times these scumbags get an old address from your credit report and serve you in some other city/state, just tacking a summons on the door, etc., and win by your absence. If this is true you can easily file to get the judgment vacated for not being served properly.

2. You need to get every paper filed by the court and with your bank, get copies. More than likely, they have falsified some piece of information to get this debt rehashed back within the SOL. If they did falsify something, this is a criminal offense in just about every state. You now have even more ground to go after them.

3. After all this is done, make sure you file a complaint with the Bar Association against the lawyers. This can be done online. Don't let them continue to harm others and use the law to do it.

So now go get a lawyer and get the judgement vacated and sue for damages. Good luck.

 

[Ladynred]

1. No lawyer or debt collector can freeze an account without the signature of a judge. That means they have somehow gotten a judgment and garnishment order without you knowing about it.

Well.. duuh... the OP said he/she had been sued !

If this is true you can easily file to get the judgment vacated for not being served properly.

Not so fast ! Kanman, clearly you know NOTHING about NYS law. NY is a 'nail and mail' state - that means they can just leave the summons at your last known address and it is considered served in NYS. There must be some due diligence, but they don't call it sewer service for nothing and NYC is notoriously bad for that. You have VERY little time to challenge a judgment in NYC courts and it is NOT easy to get one vacated, and improper service can be difficult to prove. Take a look at the proof of service affidavit in the judgment case file. It should show when, where, how, and to whom the summons was served, including a description of the person if it was served to a human being. If you can absolutely prove the service was faulty, you MAY have a chance at challenging service.

As for the SOL, you need to find out EXACTLY when the lawsuit was FILED. If they beat the expiration of the SOL, then there's no challenge. The SOL affirmative defense must be used FIRST - not after the fact.

You're not going to get your bank account released immediately even if you did file an order to show cause tomorrow ! The account would remain frozen until the judgment is vacated (even then it won't be immediate), or you make some arrangements to pay the judgment.

make sure you file a complaint with the Bar Association against the lawyers.

For what ?? First you have to PROVE that they did something wrong ! No slam-dunk there.

Hungry&Tired - if you will PM me, I can give you the name of a NY NACA attorney who may be able to help you.

 

[TigerD]

As an aside to LNR's post -- NY is known to take an obscenely long time to handle bank seizures. It can and frequently does take 6 months or more and that is when there is no dispute.

DC

 

[boswd]

Now you said you paid them off right? Well someone, somewhere is going to have a record of your payment. And you should be able to prove that you satisfied the debt.
Now who did you pay? The original creditor or a debt collector? If it was a debt collector and you can't remember who contact the original creditor and they should have the information of who they sold your debt to and call them, they should have a record of your account. If it's the original creditor they should have a record of being paid as well.
Either way you should call the original creditor as a starting point. Once you have figured out who you have paid, they should have the record of your payment. Explain your situation that someone is trying to collect on an old paid off debt and that you need a statement sent to you that this debt has been satisfied. Since time if of the essence ask them if they can send you it in a pdf form via email plus a hard copy in the mail. If they do this not only print the pdf but the original email with the senders email address on it as well.
After you do that you must contact your bank you had used when paying off this debt. this may cost you few bucks but you need to get any and all canceled checks or records of payment if you have paid them off through electronic debit. But your bank can go back and pull up those records for you. If you don't have the money to do that than borrow from a family member or a friend, I don't think it is too much, less than $100 but that I'm not sure of.
But if you have satisfied the debt, though you may not have anymore records of it, someone will.
It sounds like your file mistakenly got thrown into a "junk" debt sellout and sold to someone.
Good luck and keep us posted.

 

[boswd]

also you said they contacted you at a friends house? Hmm not quite sure where that falls in the FDCA and the whole contacting you through a third party, but if you get an attorney to help you with this, which is recommended, he will be able to let you know first hand. And if they are in violation of FDCA that would be nice, but let the attorney tell you whether or not if that was a violation.

 

[Hungry&Tired]

TY for input

Thanks guys for the input.

I have had no success talking to the OC. They pass me from person to person and voice mail to voicemail. I'm hoping to get an answer from them and copies of the bank record before going to court today. Question? Should I file a motion to vacate the judgement if I get some solid evidence today or should I just file an order to show cause with reasons listed? 5 nights of no sleep and little or no food. I'm trying to get it together so I can fight this. I feel violated and assaulted by these people and the anger is so deep it is scaring me. I know I can't go in to court feeling like this. I NEED to step in there feeling empowered and that's why I'm here. Ty for all of your support. <bowing graciously>

 

[boswd]

Thanks guys for the input.

I have had no success talking to the OC. They pass me from person to person and voice mail to voicemail. I'm hoping to get an answer from them and copies of the bank record before going to court today. Question? Should I file a motion to vacate the judgement if I get some solid evidence today or should I just file an order to show cause with reasons listed? 5 nights of no sleep and little or no food. I'm trying to get it together so I can fight this. I feel violated and assaulted by these people and the anger is so deep it is scaring me. I know I can't go in to court feeling like this. I NEED to step in there feeling empowered and that's why I'm here. Ty for all of your support. <bowing graciously>

Keep calling the OC until you get someone and hopefully they can send you a pdf. I mean just keep calling. You have to go to court today. At the very least make sure you have your bank records proving you satisfied the debt. have you contacted your bank about retrieving your old bank records? As far as what to file, that I can't help with, I would assume there is something along the lines of past debt has been sastified.
Yes, deep breaths and relax everything is going to work out at the very least in the long run. Now if you have your records proving you paid this debt off, talk to the judge to make sure these guys don't turn around and sell this to some other "junk" debt buyer and having to go through this whole nonsense again. I think it's called dismissed with prejudice but also see if the current creditor's holding this account has to destroy your file or be prohibited from selling to other Collection Agency's.

 

[boswd]

ALSO you said the original creditor keeps bouncing you around How are you going about this? Once customer service transfer's you to the right department it's nothing more than putting in your ss# and your account status pops up.
When you call again try this approach. ]
Don't tell customer service your current situation, they being credit card company's have heard it all and probably think you are someone who is just trying to get out of paying the debt.
When you call say " Hi, my name is _____ I used to have and old account with you and I was wondering if you can tell me the status of the account. If they don't have the abilitly to pop up your account they will transfer you to someone who can, You will probably have to say the same thing, but don't act hostile and act impatient etc. Once you talk to someone who can access your old account, and if you have paid it in full, what should happen is they will ask you for your account number or your ss# and then pull up your account. They will say Mr/Ms ______ your account has been paid in full since, whatever date, That's when you tell them your situation and hopefully they will be more than happy to send you the statement. But don't tell them your problem first they will just think you are trying to get out of paying a current debt.

 

[Hungry&Tired]

OC unorganized

They are just shuffling me from person -to - person. I have feigned calmness <my trick is to actually smile> I am not telling them anything but requesting info on my old accounts and they just keep shuffling me. "we don't have that info in our file, that is available through this dept. and so on. They have no clue as to why I am calling unless they have a habit of selling paid debt. I am going to move forward and get the file and look for other defenses for now because I do understand it's all about what you can prove and they are making it difficult for now. Customer service always sucked with these people, I didn't expect it to get better now that my accounts are closed and out of date. Tired of being told this department doesn't store info past this date and that date and I am far from being calm for court with this new wrinkle. Thanks for listening.

 

[boswd]

That is a bit suspect LIke I said it takes anyone with access to pull up an account and tell you the status of it.
How are you on retaining your old bank records, you have to get them. You need something to prove that you've paid this off.

 

[Hungry&Tired]

UPDATE: Is something wrong?

Finally got through to the OC on the account. They claim that they no longer have any information regarding that account including my payment history, basically nothing!

"They don't own it anymore" was the quote.
When countered with the question " Well, you keep no record of the transactions you made with an individual at all? Payments I made to you not Midland and I was told NO.

They said that it was just listed as closed and they have absolutely NOTHING! But they sure have my personal information.

I didn't scream at them, dispute anything, I asked questions and listened for answers and off the bat I realized that I would get no answers and no relief through them.

I am at a new stage of being livid because of this development . MY mistake of negligence thinking that no news, was good news. Lesson to others, don't assume an account is closed out, even if you paid it off and don't hear from them and don't see negativity on your credit report. I am proof positive that that means NOTHING! They have taken the title "Predatory Lending" to a new level.

I have to move on because I sure am not contacting Midland who bought the note. God knows what they have done to it! With their reputation it could say anything and I will have a stroke if I don't back up a sec. I don't know where to turn now. Those of you who are lucky enough to actually know you are being sued. Take heed of my story. Don't trust these guys at Midland and Cohen & Slamowitz. I will fight this to my last breath though! They aren't getting away with this without a fight. < boxing like Laila Ali now>

TY all once again for your comments and support. I will be inviting all of my friends and associates to become a member of this great community!

 

[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.

2.) You have to try and remember and ask yourself, Are you sure you paid the entire balance off. Not just a good chunk of it but the entire balance, leaving nothing leftover for interest. And if the answer is 100% yes, you need to get to your bank and have them search for canceled checks or what other type of transactions made out to the OC. Simply saying you paid it off is not going to do you any good.

I hope this works out for you and keep us posted.
Also for future ref. What I have done, is created a folder that has every correpsondece made with my creditors and pay offs etc. and I keep them in a fire proof/water proof safe.
You can pick one up any store like Wal-mart etc. I got mine for $40. It's worth it.