Cohen And Slamowitz SEWER SERVICE, tried to garnish wages, filed a sworn denial, never responded to court, a year later trying again Woodbury New York

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.

""courtso i went to court and the judge asked when the last payment was made... i said 2000...there lawyer said aug 2006...didn't happen...so now we have a trial date for them to prove it...which they can't, i never sent them anything...could they falsify some kind of document to make it look like i payed?""

They could, but they would be risking their law license if they do and get caught.

""or do they need a check/ money order signed by me and dated in 2006?""

C'mon, think about this. How would they have the check or money order. What do you do when you cash/deposit a check? Do you get to keep the check? Of course not.

"and shouldn't they have already had it to prove their case anyway?""

Not yet. As you describe things, the judicial process is ongoing.

You mention "sewer service." The court has a record of the service, you need to obtain a copy of the service document. That will show when the service was completed, who the server was, the address where service was performed, etc. If the service document shows that the service was incorrect (address, person served, etc) then you have good grounds to have that money judgment and subsequent enforcement orders VACATED.

Your attorney should be telling you this. I don't understand why you're asking for advice on the internet-use your attorney. Handling this pro se is very risky and I don't recommend it (unless it is in small claims.)

Another thing to consider is their failure to respond to the court for about a year. Seems to me you should have followed up with the court to have the judgment vacated after about 60 days.

I can't help but think there are aspects to your situation that you are not telling, and that's OK-it's your business.

Good luck with it. Oh, and should the court dismiss this, request that it is dismissed with prejudice so they can't sue you for it again at a later date.

so i went to court and the judge asked when the last payment was made... i said 2000...there lawyer said aug 2006...didn't happen...so now we have a trial date for them to prove it...which they can't, i never sent them anything...could they falsify some kind of document to make it look like i payed?...or do they need a check/ money order signed by me and dated in 2006?..and shouldn't they have already had it to prove their case anyway? thank you robert for all your advice i appreciate it.

You have a lawyer, USE HER!

In judicial proceedings it's the technicallities that cause the overwhelming majority of folks who go at it pro se to fail. Every T has to be crossed and every I must be dotted-JUST SO. Any mistake in proceedure or on the paperwork may cause you to fail.

USE YOUR LAWYER. Discuss the possibility of filling a counter-suit against these bozos for their misuse of process and their deliberate attempts to inflict emotional and economic harm.

Do not delay-consult with your attorney ASAP. That's the best advice I can give you.

Good luck.

So i got my order to show cause signed by the judge and I sent it to Cohen and Slamowitz via certified mail, return receipt requested. They signed for it and I received the receipt a few days later.

Yesterday I received in the mail an affirmation in opposition to order to show cause. They are saying that I served them incorrectly and are also saying that I was served or that my co/tenent was served the summons for the original court date.

I will not go into detail on what my mother looks like, however she is the only one that lives at the residence they supposivley served and they are way off on her description, height, age, hair color you name it. She never received a summons only the judgement.

Can the court actually vacate my order to show cause? Part of my order to show cause was I never received a summons and they sent it to an address I have never lived, never had a bill at, never received mail at.

The court date is next week and I just received this affirmation in opposition yesterday.

I'm waiting to hear back from my lawyer. I don't want to use her unless I absolutely have to though.

So i got my order to show cause signed by the judge and I sent it to Cohen and Slamowitz via certified mail, return receipt requested. They signed for it and I received the receipt a few days later.

Yesterday I received in the mail an affirmation in opposition to order to show cause. They are saying that I served them incorrectly and are also saying that I was served or that my co/tenent was served the summons for the original court date.

I will not go into detail on what my mother looks like, however she is the only one that lives at the residence they supposivley served and they are way off on her description, height, age, hair color you name it. She never received a summons only the judgement.

Can the court actually vacate my order to show cause? Part of my order to show cause was I never received a summons and they sent it to an address I have never lived, never had a bill at, never received mail at.

The court date is next week and I just received this affirmation in opposition yesterday.

I'm waiting to hear back from my lawyer. I don't want to use her unless I absolutely have to though.

So i got my order to show cause signed by the judge and I sent it to Cohen and Slamowitz via certified mail, return receipt requested. They signed for it and I received the receipt a few days later.

Yesterday I received in the mail an affirmation in opposition to order to show cause. They are saying that I served them incorrectly and are also saying that I was served or that my co/tenent was served the summons for the original court date.

I will not go into detail on what my mother looks like, however she is the only one that lives at the residence they supposivley served and they are way off on her description, height, age, hair color you name it. She never received a summons only the judgement.

Can the court actually vacate my order to show cause? Part of my order to show cause was I never received a summons and they sent it to an address I have never lived, never had a bill at, never received mail at.

The court date is next week and I just received this affirmation in opposition yesterday.

I'm waiting to hear back from my lawyer. I don't want to use her unless I absolutely have to though.

So i got my order to show cause signed by the judge and I sent it to Cohen and Slamowitz via certified mail, return receipt requested. They signed for it and I received the receipt a few days later.

Yesterday I received in the mail an affirmation in opposition to order to show cause. They are saying that I served them incorrectly and are also saying that I was served or that my co/tenent was served the summons for the original court date.

I will not go into detail on what my mother looks like, however she is the only one that lives at the residence they supposivley served and they are way off on her description, height, age, hair color you name it. She never received a summons only the judgement.

Can the court actually vacate my order to show cause? Part of my order to show cause was I never received a summons and they sent it to an address I have never lived, never had a bill at, never received mail at.

The court date is next week and I just received this affirmation in opposition yesterday.

I'm waiting to hear back from my lawyer. I don't want to use her unless I absolutely have to though.

I called the Office of the Sheriff Civil Division. The girl there remembered me and she was the one that signed the order to show cause. She seemed confused about the situation too and told me to call the actual court that she forwarded the order to show cause to.
I call the other court, why are there two separate places one for ppayment one for judgement. They were confused about my case too. One employee asked for the id number on my paper work. She said they have the judgement information but never received any order to show cause.
So I call back the original girl at the office of the Sheriff and inform her of the situation. She said she did send the order to show cause to them, and why were my wages not garnished if they never received it to begin with.
So this is where I'm at now. Back to square one. I am going to do the order to show cause all over again.

Assuming that you really did send them a notarized, certified letter last year...

1. SUE them in District Court for the game they are playing. You can get them on several issues; FDCPA violations, fraudulently attempting to collect a debt, misuse of judicial process.

2. File a written formal complaint to the NYS Bar Association requesting disciplinary action be taken against these shysters for there fraudulent and abusive use of the judicial system. As attorneys who are licensed to practice law in NYS, they are officers of the court and can face very severe penalties for this nonsense.

Good Luck.