Forster & Garbus They obtained a judgment against me via default because I did not get a court summons and could not appear. Farmingdale New York

I first got into trouble with their client, Capital One about a year and a half ago. When i asked for a cease and desist of their dunning phone calls -- for or five a day, I wrote to them and explained I am disabled and am trying to get my finances together so as to make small payments. I even sent them a payment, which they cashed. Almost immediately afterward, I received mail from them, complete with a "copy of my summons previously sent to me" ( I NEVER got a summons) and a copy of the judgment.

In April, I filed a Show Cause order to try to at least temporarily vacate the judgment. I don't want to sound like a "drama queen," but it was at this time an existing heart condition I have (an arrhythmia) worsened and I decided I'd better just forget about it for a while. Since my disability benefits are protected by law, I thought I'd pursue the matter when things settled down.

It was at this time, I looked at the Affidavit of Service -- a nice work of science fiction. It stated that a "relative living at this address" accepted the summons. I happen to know that one is supposed to also get summonses in the mail; that did not happen either. Even my Landlord wrote a note saying that I have lived here ALONE since 1975 and have to relatives in the building "to his knowledge." His attorney made him write the last caveat. He knows full well I have no relatives in New York much less this building.

I also had a four month legal wrangle with my Disabled Rent Increase Exemption renewal -- a process that took four months and was just completed last week. I had to pay the higher rent until it was resolved. This made it impossible for me to write up a stipulation settlement I could stick to, so I didn't write one.

Today, I receive a "Marshal's Notice of Execution" which stated, and I do not exhaggerate, they intended to seize my personal property including my tools, household furnishings, my refrigerator and even my clothing to satisfy this debt of $1,700 (and change).

I read that such tactics are illegal but I'm terribly upset and yes, even scared. I treid in good faith to work things out and they took full advantage of the situation. Perhaps they're hoping I'll drop dead so thay can pilfer my estate; this is a very real possibility, given my current health.


I tried contacting the Better Business Bureau, The Attorney General's Office and the NY Dept. of Consumer affairs. The DCA suggested filing a complaint with the Grievance Committee for the Tenth Judicial District. An address and telephone number was provided; the telephone number was WRONG.

I wrote up a complaint tonight and will mail it tomorrow. It will probably be returned for bad address.

I hope someone can help me because I've tried everything. I am willing to make many, many small payments until this is paid for but I shouldn't have to be treated this way; no one should.

Carol
New York, New York
U.S.A.