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Report: #350237

Complaint Review: Forster & Garbus - Farmingdale New York

  • Submitted:
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  • Reported By: Niagara Falls New York
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  • Forster & Garbus 500 Bi-County Blvd. Suite 300 Farmingdale, New York U.S.A.

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My bank account was just recently restraint due to a debt that I owed to a Capital One credit card. Prior to this happening I did receive phones calls about the matter but always told them that I was not in a situation to make any payments due to me already getting garnished for my student loans. But they still insisted on calling me which was OK with me. Both my checking and savings accounts were hit with a charge of $4000 each. I then call Ms. Wood who's handling my account. I tried to get the full payoff amount that I owed but the only answer I get is " well I have to get that information from the Sheriffs dept and I will call you back." After at least 10 phone calls I'm still yet to hear an answer and every time I try calling back I get the same thing about waiting for the sheriff.

Today is the 3rd day since all of this has happened. And Im feeling very stressed out and ready to do something that I really shouldn't even be thinking about, but Im sure I'll manage. They told me that I was served a summons on which I was not even aware of that took place sometime back in March.

At this point Im thinking to myself, shouldn't that letter have been directly handed to me? I then tried contacting Capital One but of course they want no parts. The only piece of valuable info was the address they have on file which is an old address I use to have almost two years ago. This seems funny because I never got any piece of mail from Forster & Garbus. Even now I told Ms. Woods that Im ready to settle thanks to my dad who was going to loan me $800 so I can put down but was denied by Ms Woods telling me that they only can accept the full amount in which they do not know because their supposedly waiting for the sheriff to get back to them.

If there's any one out their that can help or send me to the right place for help it will be greatly appreciated. At this point Im willing to do whatever it takes to get my life back together.

Jack
Niagara Falls, New York
U.S.A.

This report was posted on Ripoff Report on 07/11/2008 04:11 PM and is a permanent record located here: https://www.ripoffreport.com/reports/forster-garbus/farmingdale-new-york-11735/forster-garbus-forster-garbus-unlawful-bank-restraint-farmingdale-new-york-350237. 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:
0Author
4Consumer
0Employee/Owner

#4 Consumer Comment

Advise.....

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

POSTED: Friday, July 11, 2008

First, you need to know that you are dealing with one of the worst, bottom-feeder collection agencies out there, Creditors Interchange. Based on recent reports, they may be close to going under. Desperate companies do desperate things....like illegal collection activities.


Bank account freezes/restraints should never come out of the clear blue sky without your having been aware that someone had taken legal action against you. You should have received some sort of official notice of a pending court date called a 'summons.' These are usually delivered by sheriffs. It sounds like you have have been victim of a dirty tactic called a 'sewer service' summons delivery.

A 'sewer service' delivery of a court summons means deliberately sending a summons to a wrong/old address to ensure that you won't be there to get it.....Because you will not be aware of the court date....you will be a 'no show' at court. By default the other side will win simply because you did not show up. If you never received an official summons, this is probably what happened to you and explains how they were able to freeze your checking account out of the clear blue sky.

If you believe that you were not properly served, then you can most likely get this judgment voided. I recommend the following steps:

Step #1: Use the money you can get from your parents to hire an attorney. Don't give it to Creditors Interchange. If you don't have any money, contact your local Red Cross for a referral for free legal services in your area. You may qualify for some free legal assistance on this issue

Step #2: Send a Certified letter with Return Receipt (very important) to Creditors Interchange with the simple note:

"Per the Fair Debt Collection Practices Act, I am requesting validation of the address that your office served my summons to. This letter has been sent via Certified Mail + Return Receipt Confirmation. If no answer is received within 30 days I will document this as a refusal to answer this question."

DO NOT sign your name on this letter...they might pull off your signature and use it on forged documents.

Step #3: Go to the courthouse and get copies that show what address your summons to appear in court was delivered to. If you can document that you were improperly served, you need to fill out a motion to vacate the judgment.


Remember, you're dealing with a sleazy, desperate company that may be going out of business...so they will break every law in the Fair Debt Collections Practices Act to get money out of you.

Remember, debt collectors cannot have you arrested, they can't take your firstborn child and they can't send the police to your residence to have you arrested.

----------------------
File complaints with the NYS Attorney General against them
Individuals with complaints or questions about their debt collection practices are encouraged to contact the Attorney General's consumer help line at (800) 771-7755.

==================
From BudHibbs.com

Creditors Interchange appears to be in deep financial trouble. We have received a large number of complaints from consumers about the kinds of threats made by their debt collectors. In-house attorney David Peltan, seems incapable of getting things under control. Rumor has it he has been reduced to 'robot-status' where he has little say on things anymore. We do know Creditor's Interchange will pay off on taped telephone conversations that establish the lawlessness of their collectors, so it may be wise to visit Radio Shack for a telephone recorder. CI appears to bleeding money as nothing else explains the erratic and seemingly desperate stance they have embarked upon. Last fall a potential deep-pockets buyer backed out at the last minute, which may be the root cause of their problems. Anyway you slice it, Creditors Interchange appears to be one sick collection agency, and how long they can sustain is anyone's guess. Be careful in dealing with them; desperate people do desperate things. Sending them money on any account, based on their threats, lies and harassment may not be a wise choice given their present situation. These outlaws are on the very edge of the cliff, let's wait to see how hard the winds blow before sending them your money.


Good Luck!
John in Louisville

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#3 Consumer Comment

Advise.....

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

POSTED: Friday, July 11, 2008

First, you need to know that you are dealing with one of the worst, bottom-feeder collection agencies out there, Creditors Interchange. Based on recent reports, they may be close to going under. Desperate companies do desperate things....like illegal collection activities.


Bank account freezes/restraints should never come out of the clear blue sky without your having been aware that someone had taken legal action against you. You should have received some sort of official notice of a pending court date called a 'summons.' These are usually delivered by sheriffs. It sounds like you have have been victim of a dirty tactic called a 'sewer service' summons delivery.

A 'sewer service' delivery of a court summons means deliberately sending a summons to a wrong/old address to ensure that you won't be there to get it.....Because you will not be aware of the court date....you will be a 'no show' at court. By default the other side will win simply because you did not show up. If you never received an official summons, this is probably what happened to you and explains how they were able to freeze your checking account out of the clear blue sky.

If you believe that you were not properly served, then you can most likely get this judgment voided. I recommend the following steps:

Step #1: Use the money you can get from your parents to hire an attorney. Don't give it to Creditors Interchange. If you don't have any money, contact your local Red Cross for a referral for free legal services in your area. You may qualify for some free legal assistance on this issue

Step #2: Send a Certified letter with Return Receipt (very important) to Creditors Interchange with the simple note:

"Per the Fair Debt Collection Practices Act, I am requesting validation of the address that your office served my summons to. This letter has been sent via Certified Mail + Return Receipt Confirmation. If no answer is received within 30 days I will document this as a refusal to answer this question."

DO NOT sign your name on this letter...they might pull off your signature and use it on forged documents.

Step #3: Go to the courthouse and get copies that show what address your summons to appear in court was delivered to. If you can document that you were improperly served, you need to fill out a motion to vacate the judgment.


Remember, you're dealing with a sleazy, desperate company that may be going out of business...so they will break every law in the Fair Debt Collections Practices Act to get money out of you.

Remember, debt collectors cannot have you arrested, they can't take your firstborn child and they can't send the police to your residence to have you arrested.

----------------------
File complaints with the NYS Attorney General against them
Individuals with complaints or questions about their debt collection practices are encouraged to contact the Attorney General's consumer help line at (800) 771-7755.

==================
From BudHibbs.com

Creditors Interchange appears to be in deep financial trouble. We have received a large number of complaints from consumers about the kinds of threats made by their debt collectors. In-house attorney David Peltan, seems incapable of getting things under control. Rumor has it he has been reduced to 'robot-status' where he has little say on things anymore. We do know Creditor's Interchange will pay off on taped telephone conversations that establish the lawlessness of their collectors, so it may be wise to visit Radio Shack for a telephone recorder. CI appears to bleeding money as nothing else explains the erratic and seemingly desperate stance they have embarked upon. Last fall a potential deep-pockets buyer backed out at the last minute, which may be the root cause of their problems. Anyway you slice it, Creditors Interchange appears to be one sick collection agency, and how long they can sustain is anyone's guess. Be careful in dealing with them; desperate people do desperate things. Sending them money on any account, based on their threats, lies and harassment may not be a wise choice given their present situation. These outlaws are on the very edge of the cliff, let's wait to see how hard the winds blow before sending them your money.


Good Luck!
John in Louisville

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What's this?

#2 Consumer Comment

Advise.....

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

POSTED: Friday, July 11, 2008

First, you need to know that you are dealing with one of the worst, bottom-feeder collection agencies out there, Creditors Interchange. Based on recent reports, they may be close to going under. Desperate companies do desperate things....like illegal collection activities.


Bank account freezes/restraints should never come out of the clear blue sky without your having been aware that someone had taken legal action against you. You should have received some sort of official notice of a pending court date called a 'summons.' These are usually delivered by sheriffs. It sounds like you have have been victim of a dirty tactic called a 'sewer service' summons delivery.

A 'sewer service' delivery of a court summons means deliberately sending a summons to a wrong/old address to ensure that you won't be there to get it.....Because you will not be aware of the court date....you will be a 'no show' at court. By default the other side will win simply because you did not show up. If you never received an official summons, this is probably what happened to you and explains how they were able to freeze your checking account out of the clear blue sky.

If you believe that you were not properly served, then you can most likely get this judgment voided. I recommend the following steps:

Step #1: Use the money you can get from your parents to hire an attorney. Don't give it to Creditors Interchange. If you don't have any money, contact your local Red Cross for a referral for free legal services in your area. You may qualify for some free legal assistance on this issue

Step #2: Send a Certified letter with Return Receipt (very important) to Creditors Interchange with the simple note:

"Per the Fair Debt Collection Practices Act, I am requesting validation of the address that your office served my summons to. This letter has been sent via Certified Mail + Return Receipt Confirmation. If no answer is received within 30 days I will document this as a refusal to answer this question."

DO NOT sign your name on this letter...they might pull off your signature and use it on forged documents.

Step #3: Go to the courthouse and get copies that show what address your summons to appear in court was delivered to. If you can document that you were improperly served, you need to fill out a motion to vacate the judgment.


Remember, you're dealing with a sleazy, desperate company that may be going out of business...so they will break every law in the Fair Debt Collections Practices Act to get money out of you.

Remember, debt collectors cannot have you arrested, they can't take your firstborn child and they can't send the police to your residence to have you arrested.

----------------------
File complaints with the NYS Attorney General against them
Individuals with complaints or questions about their debt collection practices are encouraged to contact the Attorney General's consumer help line at (800) 771-7755.

==================
From BudHibbs.com

Creditors Interchange appears to be in deep financial trouble. We have received a large number of complaints from consumers about the kinds of threats made by their debt collectors. In-house attorney David Peltan, seems incapable of getting things under control. Rumor has it he has been reduced to 'robot-status' where he has little say on things anymore. We do know Creditor's Interchange will pay off on taped telephone conversations that establish the lawlessness of their collectors, so it may be wise to visit Radio Shack for a telephone recorder. CI appears to bleeding money as nothing else explains the erratic and seemingly desperate stance they have embarked upon. Last fall a potential deep-pockets buyer backed out at the last minute, which may be the root cause of their problems. Anyway you slice it, Creditors Interchange appears to be one sick collection agency, and how long they can sustain is anyone's guess. Be careful in dealing with them; desperate people do desperate things. Sending them money on any account, based on their threats, lies and harassment may not be a wise choice given their present situation. These outlaws are on the very edge of the cliff, let's wait to see how hard the winds blow before sending them your money.


Good Luck!
John in Louisville

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#1 Consumer Suggestion

Forster & Garbus

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

POSTED: Friday, July 11, 2008

I, too, was involved legally with Forster & Garbus due to Capital One. Some things about your claim are not clear - Mrs. Woods is frmo a collection agency, not Forster & Garbus. I know, because I dealt with her also. She is from a company called NCO Financial, I believe. Also, you would have had to receive a notice of intent to garnish in the mail. This must be responded to via the court system. Please do not ignore it. People are under the impression that this is a notice that means your wages will be garnished, but it is not. It is a notice that Forster & Garbus wil sue you if you do not respond thru the Court. This can be worked out, but it will not go away if you ignore it. You will lose if you ignore it. You can contact Forster and Garbus to see what amount they will settle for, but Mrs. Woods has nothing to do with them. These are two totally different entities. You must file a motion denying the complaint, actually it is called filing an answer to their motion to sue you. This took me over a year to do, but Capital One lost the judgement since they had misapplied my payment. So, you can win, but if you owe it, better to settle for paying less than ignoring it and having to pay more than you actually owe.

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