• Report: #345291

Complaint Review: Midland Funding / Cohen & Slamowitz

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  • Submitted: Saturday, June 28, 2008
  • Last Posting: Friday, October 17, 2008
  • Reported By:batavia New York
Midland Funding / Cohen & Slamowitz
199 Crossways Park Dr. Woodbury New York 11797 U.S.A.

Midland Funding / Cohen & Slamowitz I didn't think my summons was real but now they sent a letter saying the filed a judgement Woodbury New York


1Author 4Consumer 0Employee/Owner

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I recieved a summons back in March and didn't answer it because it doesn't look real. I did call Cohen and Slamowitz and they said if I paid them $4,500.00 it would all go away. I did not pay them. The debt is from an aspire visa card and ther is no way I owe that much money. Now I recieved a letter saying they entered a judgement and will be commencing judgement enforcement proceedings immediately. Does anyone know what I can do?

Rosse
batavia, New York
U.S.A.

This report was posted on Ripoff Report on 6/28/2008 8:51:01 AM and is a permanent record located here: http://www.ripoffreport.com/collection-agency-s/midland-funding-cohe/midland-funding-cohen-slam-45dm2.htm. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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1Author 4Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Pay them

AUTHOR: Cucumberwrap - Bagdad (U.S.A.)

Why would you not believe a court summons is real? Anyway, when you are sued, it will state that, "You've been sued and are indebted to the petitioner...etc, etc.." Depending on the court, you only have so many days to dispute the debt or make some sort of resolution with the petitioner. Once the legal delays pass, the Plaintiff can file a default judgment against you for not responding. This means you inadvertently admitted to the principle, the interest from whatever year it was charged off, attorney's fees, and all the additional court costs it took to file the lawsuit, serve you, and the judgment.

So now you owe them everything that is stated in the judgment. Immediately call their office to see if you can pay it off in full, settle on the account, or set up a monthly payment plan. You'll say more more in the long run if you settle on the account. The first thing is to call them now! After the legal delays, they can start garnishing your wages.
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#2 Consumer Comment

Did you receive a letter from them or a court order?

AUTHOR: Nikki - Coconut Creek (U.S.A.)

If you received a court order granting the judgment, then I would say there is a judgment. If you received only a letter from Cohen & Slamowitz, then you may still have time. Check with the court in the jurisdiction located on the upper right of the papers you were served. See if there really is a judgment first. If not, check back with this site for other ideas.
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#3 Consumer Suggestion

Determining if the judgment is real

AUTHOR: Cucumberwrap - Bagdad (U.S.A.)

"I recieved a summons back in March and didn't answer it because it doesn't look real. I did call Cohen and Slamowitz and they said if I paid them $4,500.00 it would all go away. I did not pay them. The debt is from an aspire visa card and ther is no way I owe that much money. Now I recieved a letter saying they entered a judgement and will be commencing judgement enforcement proceedings immediately. Does anyone know what I can do?"

I apologize for my first response. What did the summons look like? Did it have a court venue on it? A docket number? If it was a real court summons, it would have a citation from an official court that states, "You've been sued and have such and such days to file an answer...etc, etc." Did a deputy/Marshall/constable serve you? Look at the citation if there is one and call the court's number. You can ask if there has been a judgment signed against you. You can either give the docket number or they can go back your last name followed by first.

Bear with the clerks at the court. They tend to need to hear specific questions before they understand what you want. Some can be really difficult sometimes. If you've been sued, I'm assuming that is small claims or Civil law. Ask for the civil division for better assistance.

Last thing. If you can afford an attorney, consider hiring one to help you understand what's going on. See if your city has law firms that work for cheap if you don't have the funds. There may be firms that specialize for low income people.
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#4 Consumer Suggestion

Check the date

AUTHOR: Shaolinprince - New York (U.S.A.)

The way that Cohen & Slamowitz get away with so many default judgments is that they will send a false notice (this is how they receive a notice of service) to the one accused of owing the debt. They actually do this from 2 days and up to 10 days before they actually file the official court papers. Now they have an official “Notice of Service” but if you check the date of the so-called “Notice of Service” many times, it will be before they filed with the court. If that is the case, you can prove that the “Notice of Service” is fraudulent because how can they serve you an official court document (with a court date) if they served you before they even filed and received a court date. Many people and courts will not notice the dates because they are so close together and they are not looking at the date of service. Therefore, the “service processor” actually did serve you but not with an official court document but that gives Cohen & Slamowitz a true “Notice of Service” just not with a legal court document” The process server would not know the difference and most courts or defendants do not catch the discrepancy. Therefore, check the date of the “Notice of Service and when Cohen & Slamowitz actually official filed with the court. I hope this helps.
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