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Report: #491862

Complaint Review: Cohen& Slamowitz LLP - woodbury New York

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  • Reported By: Russell — USA
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  • Cohen& Slamowitz LLP po box 9004 woodbury, New York United States of America

Cohen& Slamowitz LLP Company claims they served someone in my household a court notice for a debt but I, nor anyone in my house ever received one. Claims they served someone in my household a summons but never did, not provided proof woodbury , New York

*Consumer Comment: File a Complaint

* : Re:

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Hi,

I am a college student and I have a past debt that was assigned to Cohen and Slamowitz, LLP.

I do not dispute the debt, I owed HSBC around 1200 dollars originally and could not pay them because I was, and still am, in school. The amount now, according to them is now $2,094, with a listed interest rate of 9%, per annum. Is this legally sound? Will I end up paying more than I rightly owe? What are my rights?

I recently received an order of judgment from the firm. I immediately called them to inquire what the meaning of all this way. I was never given any opportunity to inquire into nor work out the debt details with this firm.

I called them and an extremely rude lady answered the phone and informed me that someone in my house hold had been given a summons on my behalf about the matter. When I retorted that this is illegal and that they should by law give me, and only me, information regarding my debt, she disputed this, and said that by law they were allowed to sub-serve.

She was growing increasingly rude and impatient as I was trying to sort this all out, I verbally lambasted her and demanded that she give me the specific information and evidence that this serving had occured, including the name of the person shown, a signature and the name of the server as well as his contact information and evidence of his delivery...and all she could do is provide me with a date a time. She also claimed that this summons was given to a member of my household who claimed she was a relative, yet no one in my household would identify themselves like this. I'm convinced that her claims are bogus and when I re-demanded that she give me the name of the server, she stalled...then put a supervisor on the phone.

The supervisor was surprisingly gracious as if understanding that this is all coming out of left field for me. He said if I had any questions about the circumstances leading us up to this situation, to put it in writing, and submit it to the firm.

I did my research instead and it turns out this firm doesn't have the cleanest track record, to put it mildly.

My question is, what are my rights? What can I do to get this cleared up? How can this adversely affect my future while I am still in school? What steps should I take? Should I contact a lawyer?

Please help, I have absolutely no money, and do not need another monkey on my back, I am a broke college student with 3 years of school to go and I want to know how I can resolve this, and whether or not my rights have been violated.

Thanks in advance for your help. 

This report was posted on Ripoff Report on 09/08/2009 03:24 PM and is a permanent record located here: https://www.ripoffreport.com/reports/cohen-slamowitz-llp/woodbury-new-york-/cohen-slamowitz-llp-company-claims-they-served-someone-in-my-household-a-court-notice-for-491862. 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. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
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2Consumer
0Employee/Owner

#2 Consumer Comment

File a Complaint

AUTHOR: missdiva1966 - (USA)

POSTED: Sunday, December 06, 2009

You can always also file a complaint with the FTC (Federal Trade Commision)

www.ftc.org there is a tab to file the complaint online

You can also for good measure file a complaint with the BBB (Better Business Bureau)

www.bbb.org

and you can throw in a dash of reporting them to the Attorney General

www.oag.state.ny.us

If they have not validtiated your debt by the time you have reported them to the 3 above agencies. I promise you that they will close out that account so quick their heads will spin. Not to mention issue you a letter stating that this account was reported to the bureaus in error and have it off of your credit report with in 30 days. If you call Experian, Equifax, & Trans Union you can do some smoozing like I did on mine and have it off in 3 to 5 days after you fax them the letter.

Experian Fax: 972-390-4962

Phone: 866-853-0303

Address: National Consumer Assistance Center 
             PO Box 2002 Allen, TX 75013

Equifax Fax: 404-885-8988

Phone: 877-784-2528

Address: Equifax Consumer Fraud Division
            P.O. Box 740256
            Atlanta, GA 30374

Trans Union Fax: 714-525-0668

Phone: 800-916-8800

Address: P.O. Box 2000
            Chester, PA 19022

Don't play around with these people ask them to validate the debt. They have gotten this 3rd hand debt from someone who has gotten it from someone else. They served my daughter in law with a subpeona that wasn't even signed by a judge. She was ready to try and settle the debt until she showed it to me. Alot of times these are things that alot of people do not notice. They sent her a supposed subpeona for information even asking for her landlord's name, address and phone number. THESE ARE ALL SCARE TACTICS. They even had a remark such as if she did not answer that she would be held in contempt of court!!!! I didn't know you could go to jail for owing a debt in this country. If that were the case we would all be in jail. So file your complaint with the FTC, BBB, & The Attorney General.

 

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

POSTED: Wednesday, September 16, 2009

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 freeze your bank accounts...

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 bank account freezes 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.
====================
Send Cohen and Slamowitz a letter via Certified Mail + Return Receipt (NOT regular mail) stating:

Per the Fair Debt Collection Practices Act, I am requesting written validation of the alleged summons that was served regarding this case, to include:
- date and time of that the summons was served
- full name of the person who signed for it
- a clear photocopy of the summons
- the full name of the process server who served the summons
========================
 * Never sign your signature on any document that you mail to a debt collector.  Simply type your full name.

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