• Report: #463584

Complaint Review: Cohen And Slamowitz

  • Submitted: Mon, June 22, 2009
  • Updated: Wed, June 24, 2009

  • Reported By:Somewhere in New York
Cohen And Slamowitz
199 Crossways Park Drive Woodbury, New York U.S.A.
  • Phone: 516-686-8983
  • Web:
  • Category: Lawyers

Cohen And Slamowitz Cohen and Slamowitz coming at me from every angle... Woodbury New York

*Consumer Comment: They tried to do the same to me...Don't acknowledge the debt!

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I received a letter from C&S acouple of months ago, stating that there was a judgement against me for a credit card. This letter also states that they were willing to work with me. I filed an order to show cause immediately and was in court within the week.

In court, the Judge said that C&S was the credit card company's attourney, not a debt collector that had purchased the debt from the credit card company and that the lawsuit will be heard within 6 months.

I did mention that The Affidavit of Facts noted that a summons was served to me, but this Affidavit was signed and notarized almost one month before the summons was said to have been served and notarized. I also mentioned that I had not received the summons or any paperwork from this company before the letter stating that I had lost the law suit, but the Judge said nothing about that and that we are proceeding with the hearing.

It is my uderstanding that C&S has great difficulty producing paperwork. My first question is what do I ask them for before this court date arrives?

To makes things even more frigtening for me is that I've just received a letter from C&S regarding a DIFFERENT credit card.

At first I was going to send a cease contact letter, but now I think I need to send a debt validation letter. I am hoping to send them a letter with very specific instructions on what exactly i need them to validate, but cannot find a good template. I like to use Budd Hibbs website, but it seems to be down, and I need to send this request out ASAP.

I am a single parent who has found myself unemployed for the first time in my life. I need to do this as cheaply as possible as I have no savings at all. Any help or tips would be greatly apreciated.

Me
Somewhere in, New York
U.S.A.

This report was posted on Ripoff Report on 06/22/2009 07:19 AM and is a permanent record located here: http://www.ripoffreport.com/r/Cohen-And-Slamowitz/Woodbury-New-York-11797-9004/Cohen-And-Slamowitz-Cohen-and-Slamowitz-coming-at-me-from-every-angle-Woodbury-New-York-463584. 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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#1 Consumer Comment

They tried to do the same to me...Don't acknowledge the debt!

AUTHOR: Jgirl2009 - (U.S.A.)

Hi,

In case you read nothing else in ths response the most important thing I want to convey is: Do not acknowledge the debt until they can prove it is yours!!!!

....And now my experience:

When they took me to court I requested proof of debt (which they are required by law to provide) and I told them that I could not in good conscience issue a check without seeing what I am paying for; I told them that if they could produce a valid stament/bill from the original creditor that listed exactly what I was paying for as well as how they came up with the amount that I owed in late fees, then I would be more than happy to make a payment arrangement with them.

I contacted them by phone, by usps with the same request (I kept a record of all of this who I spoke to on the phone, time I called, certified mail receipts, etc.) and nothing..they could not prove the debt was mine. After about a year of continuances (spaced about 3 to 4 months apart) we went before a judge and they informed the judge that they could not prove that I owed this debt, the case was dismissed w/prejudice meaning they could never take me back to court for this credit card again. They also removed themselves from my credit report.

My Advice:

1. Send them certified letters/ call asking for proof of debt From the original creditor,

2. Never refuse to pay the debt, but you can claim ignorance of the debt until they can produce the paper work, I am not saying lie but insist that they help jog your memeory with an original credit card stament with your name on it, from the original creditor. Nicely inform them that you just don't recall ever owning this credit card but you would be more than happy to work something out if you had proof that was in fact your debt.

3. Make sure you appear at EVERY court date that is set, they usually will string you along in court with continuances saying that they need time to get the information that you requested (which they most likely don't have), in NY they only get 3 continuances. But if you don't go they can get a judgement against you and garnish your wages!

It takes dedication but it is possible, these people are bottom feeders and what they do should be illegal. They most likely have no paper work to back up their request for payment, thay are basically counting on you to just cave in and pay...Don't let them win.

* Try this site:

http://www.my-credit-repair-information.com/junkdebtbuyers.html

Incase they URL does not show here are some reccomendations when dealing with these losers:

-Never assume you are wrong - assume instead that your rights are being violated. Make the junk debt buyer prove the debt is yours and you are legally obligated to pay it.

-Retain and file all letters, account statements, and court records concerning any communication from junk debt buyers (even from 15 years ago).

-Never provide the collection agency or junk debt buyer with updated personal or contact information. Never provide banking information (such as sending a check with your checking account number on it) to these junk debt buyers as they will freely dip into your bank account in the future with garnishments, etc.

-Never acknowledge a debt with a collector or agree to any payment until the collection agency proves and validates the debt as belonging to you (past billing statements are not considered proof).

-Know the statute of limitations and date of last activity for the alleged debt. Never agree to pay on an out-of-statute debt as that will do more damage to your credit than good.

-These "Junk Debt Buyers," sometimes called "zombie debt collectors," are barely operating within the law in many cases and are the bottom-feeders of the entire credit and collection industry. Do not be intimidated by them and know your rights when contacted by them.

These obnoxious collectors are usually rude to you if you call them to inquire about the alleged debt.

They usually answer their calls with something like "Accounting" or "Billing" rather than identify themselves or their company name.

They will try to get you to verify your social security number (or the last four digits).

They usually cannot provide any specific information about what the alleged debt is for, when it was opened, etc.

If you ask such information, most likely they'll say "hold" and stick you on hold and not return to the call.

Hope that helps!

Good Luck.
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