This the letter was mailed to Garbus & Forster
To Whom It May Concern:
This letter is being sent to you because you compromised my social security number by openly displaying my full number in mailings (Exhibits will be mailed to the Attorney General's Office, amongst others). You have violated Social Security protection laws. Also, you illegally placed a freeze on my account on October 10, 2008. JP Morgan Chase Bank sent me a copy of your bogus and illegal document that you purport to be a LEGAL JUDGMENT FROM THE YONKERS CITY COURT.
I contacted the Yonkers City Court, and was assured that there were NO JUDGMENTS made against me as YOU FRAUDULENTLY represented to my financial institution. Yonkers City Court indicated that YOU NEVER brought a judgement against me in their courts. You never purchased an index number as required by law to commence a lawsuit, and you fraudulently submitted an illegal document NOT authorized, signed, or even addressed in the Yonkers City Court by our wonderful and competent justices of the City of Yonkers. You need to be prosecuted for your illegal tactics!
How JP Morgan Chase Bank fell for your illegal and fraudulent subpoena with restraining notice to garnishee is baffling! YOU ARE A CRIMINAL AND A SCAMMER! I wonder how many other bank institutions have fallen prey to your deceptive and misleading and unlawful means of business practice. I can assure YOU WILL NOT get away with this.
I feel fortunate that I live in a State that has a fantastic NYS Attorney General that goes after scumbags like you! Andrew J. Cuomo is the best Attorney General NYS has ever had, and I will make sure that his office investigates your scam and all your other subsidiary companies that are run by you such as, Sherman Acquisitions, LVNV Funding, Resurgent Services amongst others.
Please be advised that I am referring you Ronald Forster, Mark Garbus, your law firm, and subsidiary companies to the Grievance Committee, Bar Association, NYS Attorney General's Office, The Federal Trade Commission, amongst others. Your misleading, deceptive and illegal practices will be fought vigorously every step of the way. You WILL NOT get away with scamming people and ruining their lives!
I have investigated your company ad nauseum, and am shocked to see that you are still in business and continue with your misleading, illegal business practices. I wonder how many lives you have destroyed and continue to destroy and get away with. The class action suit filed against your company speaks volumes, and I too will be joining this effort to expose you for the FRAUDS that you are. I want to reiterate that I WILL NOT allow you to get away with manipulating our financial institutions or destroy people's lives. In addition to contacting the NYS Attorney General's Office amongst others, I will also be contacting the media to expose you and your company! I am not aware that I owe Capital One, and if I do or did, I will deal with them directly.
Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I am DEMANDING that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
1. What do I need you to provide as the debt validation
2. What the money you say I owe is for
2. Explain and show me how you calculated what you say I owe
3. Provide me with copies of any papers that show I agreed to pay what you say I owe
4. Provide a verification or copy of any judgment (index number included with receipt of payment) if applicable
4. Identify the original creditor
5. Prove the Statute of Limitations has not expired on this account
6. Show me that you are licensed to collect in my state
7. Provide me with your license numbers and Registered Agent
8. Proof that the collection company owns the debt/ or has been assigned the debt (You are legally entitled to collect this particular debt from me). This is basic contract law.
9. Complete payment history, starting with the original creditor. (I need proof of my payment history, starting with the original Creditor, what the amount of the debt was when the creditor assigned the debt to your company, and what fees/ interest has been tacked on to this debt and how you/they determined these fees). This requirement was established by the case Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.
10. Copy of the original signed loan agreement or credit card application. (My contract with the original creditor establishing the debt between us). This is also basic law.
11. What gives you the right to violate Social Security protection laws?
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
Violation of the Fair Credit Reporting Act
Violation of the Fair Debt Collection Practices Act
Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose.
Justice for All- WILL FIGHT THESE CROOKS
Yonkers, New York