- Report: #536682
Complaint Review: Calvary Portfolio Services and Atorney Anne Margaret Thomas
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| Calvary Portfolio Services and Atorney Anne Margaret Thomas 7 Skyline Drive
Hawthorne, New York United States of America |
|
Calvary Portfolio Services and Atorney Anne Margaret Thomas Garnishing wages on behalf of a company that was fraudulent and not giving individual a chance to defend self Hawthorne, New York
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I receive a notice that my wages are being garnished from my employer and to this point have never received any notification of a court date. I don't even know who Calvary Portfolio Services are. It's funny how they managed to find me to garnish my wages, but could not make the same effort to give me my day in court.
This report was posted on Ripoff Report on 12/09/2009 02:42 PM and is a permanent record located here: http://www.ripoffreport.com/r/Calvary-Portfolio-Services-and-Atorney-Anne-Margaret-Thomas/Hawthorne-New-York-10532/Calvary-Portfolio-Services-and-Atorney-Anne-Margaret-Thomas-Garnishing-wages-on-behalf-of-536682. 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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It should always be a matter of concern when wages get garnished without any prior, advance notification. Judgments cannot come out of the clear blue sky and debt collectors (nor banks) cannot assess judgments on their own. Only a court can do this.....A process has to be followed: Officially serving you a summons....this is usually done by a sheriff. A court date is established and on that date you face your creditor. If they win and a judgment is assessed...only THEN they can they garnish wages.
Many bottom-feeder debt collectors have figured out that if they "accidentally" serve you a summons to an old/incorrect address where they know that you won't be there.....that you will be a "no show" on the court date because you weren't aware of it.....Then.... boom....an automatic default judgment is assessed against you. This is how these garnishments usually occur out of the clear blue sky. When the time comes to assess the judgment, they have no trouble finding your "real" address.
It is illegal to deliberately serve someone at an incorrect address. This tactic is called a "sewer service" summons delivery. If you can document that you were improperly served, you may be able to get this judgment voided.
Go to the clerk of the court of the court that granted the judgment. You want copies of all documents in the case against you. You want to examine the 'proof of service' documents to determine who/where service is claimed to have been performed. If you can show that you were never served, petition the court to have the judgement vacated.
If you are sure that you were not served: Send a letter via certified with return receipt (Not regular mail) to the collection agency and state: I am requesting official validation of the alleged summons that was served to me, to include:
- The full name of the person who served the summons
- The full name of the person who signed for the summons
- A copy of delivery notice showing the signature
- The exact address that the summons was delivered to - The date and time of delivery.
Receipt of this letter is being officially time stamped by the USPS. Refusal to validate will be documented.
Many bottom-feeder debt collectors have figured out that if they "accidentally" serve you a summons to an old/incorrect address where they know that you won't be there.....that you will be a "no show" on the court date because you weren't aware of it.....Then.... boom....an automatic default judgment is assessed against you. This is how these garnishments usually occur out of the clear blue sky. When the time comes to assess the judgment, they have no trouble finding your "real" address.
It is illegal to deliberately serve someone at an incorrect address. This tactic is called a "sewer service" summons delivery. If you can document that you were improperly served, you may be able to get this judgment voided.
Go to the clerk of the court of the court that granted the judgment. You want copies of all documents in the case against you. You want to examine the 'proof of service' documents to determine who/where service is claimed to have been performed. If you can show that you were never served, petition the court to have the judgement vacated.
If you are sure that you were not served: Send a letter via certified with return receipt (Not regular mail) to the collection agency and state: I am requesting official validation of the alleged summons that was served to me, to include:
- The full name of the person who served the summons
- The full name of the person who signed for the summons
- A copy of delivery notice showing the signature
- The exact address that the summons was delivered to - The date and time of delivery.
Receipt of this letter is being officially time stamped by the USPS. Refusal to validate will be documented.
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