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  1. #1

    Default What Can You Do About Six-Year-Old Judgment

    My question involves judgment recovery in the State of: New York.

    In 2006 I was living in Upstate, NY (small town small county) and found out that Cohen and Slamowitz had a judgement against me in the County I was living in. It was two different judgments for two different credit cards I had in 1999-2000 when I was 18 originally in college. I maxed out the cards because I had financial problems in college and couldn't make the payments after the first couple (I lost my part time job). I left school after the first year and never had money to pay off these cards I didn't hear from bill collectors for years about it until I found out I had these two judgments.

    I was never served I actually found out I had these judgements later on when I got a letter from a law firm offering to "take care" of my judgements in my county for a $X fee for them to file bankruptcy for me. Right away I went to to the county clerks office where they have computers hooked up to their system searched my name and found two judgments Cohen and Slamowitz had against me from in the name of the credit card company.

    The lady working at the County Clerks office showed me the files which contained the legal papers they filed and the process servers affidavit of service. He swore he served my mother ( I was living at my mothers) all it said in the paper he "served a women 4x, years old" The funny thing is at that time if you ran my credit report at the time it listed my mother as "family members" and being 4x years old. You could even google my address and at the time and that information is there about who lives there. I think they just google everyone and say they served people instead of serving them so they can get default judgements . Why would I say this? This is a firm who admitted to hiring a process server in NYC who lied about serving people. Why would they do that in NYC and not other areas of the state. My boss at the time lived downstairs from me at the time they also got a default judgment against him and the SAME process server SWORE he personally served him, however when the process server swore he served my boss my boss has a plane ticket that proves he was on a plane heading overseas at the time he says he was served. And finally for me my mother said she was never served. She's not gonna lie to me about it and what reason would my mother have to not tell me I was served?

    I forget what the legal documents were but they said I had 20 days to respond or a default judgment would be entered into their favor. The statute of limitations was up... I asked told the county clerk look how I came down here when I found out I had a judgment (like 3 or 4 months later) so if I was served why wouldn't I have just shown up saying the statute of limitations was up? I asked to make sure what I thought was right, :I'd just have to file a typed paper saying the statute of limitations was up, right?" She said "It doesn't even have to be typed, it can be hand written on loose lief paper, you'd file it, get a court date. You'd both then go before the judge, you'd say the statute of limitations was up, the judge would ask if their lawyers had any evidence the statute of limitations was not up. Most of the time they don't have anything, most of the time Cohen and Slamowitz's lawyers don't even show up to the court date because they have no evidence and don't like getting yelled at by the judges...."

    I asked her if there was anything I could do she told me it doesn't matter if they served me or not NY is a nail and run (or tack and run) state they can just say they pinned the lawsuit to your door and that's good enough. She said "It's past the 20 days, sorry, there's nothing you can do about it now."

    I found out after the year was up that you have a year to bring this back into court after the judgment. I went back to the County Clerks office and told them what the one lady told me and she basically said sorry, have a sign that says they don't give legal advice and I shouldn't have considered it legal advice (and I shouldn't have).

    My credit is pretty good with just these two judgments but these judgments really kill my credit score. I'm a student again and I travel for work, I don't have a lot of money and would like to get off the road and dedicate more time to school. I've applied for a private student loan and was denied because I have judgments.

    Is there anything I can do now (besides bankruptcy) to get rid of these judgments? I've tried talking to Cohen and Slamowitz who one time told me I don't need to pay now but could keep watching my balance grow until I decide to pay them. Another time I talked to a nice lady there and I offered to pay the original credit card balance. I asked her if the original limit was $250 or $500, she said she had no way of knowing. She told me she had to ask her supervisor and was clear that I said I was offering to settle for $250 to $500 for both accounts? I said yea, she told me to hold while she talked to her supervisor. She came on not even a few minutes later and said "my boss said no way, actually it wasn't so nice but you're being nice to me..." I then inquired what they bought the debt for because I was going to offer double what they paid for it if it wasn't too much. She told me they don't pay a specific amount for one account they buy them in bulk without knowing what they get. Like Storage Hunters they don't know what they'll get some are gems some are not so much but they pursue it anyway with hopes they will get paid for it.

    On my credit report the judgement says the original credit card company is who the judgement is from. I called that credit card company at first trying to settle with them, they pulled up the account and basically said they want/have nothing to do with it, they wrote it off as a bad debt and received payment for it when the company Cohen and Slamowitz bought it form bought it from them. So this credit card company has a judgement against me but wants nothing from me, what's up with that?

    Also I've moved back to Long Island, if I can settle this in court can I do it on Long Island or do I have to go upstate? Cohen and Slamowitz is located in Nassau County I live in Suffolk County but the Nassau County courts are closer to me.

    Thanks in advance for any advice!

  2. #2
    Join Date
    Sep 2005
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    Default Re: What Can You Do About Six-Year-Old Judgment

    If I understand, you owed money on credit cards, you were sued @2006, a process server claims to have served an adult resident of your household, you did not appear and a default was entered, you found out about the default within months, you did not file a motion to set aside the default, and you now want to address the issue six years after defaulting? As you've figured out, on those facts the court is not going to be receptive to a motion to set aside a default after the initial year passes, let alone after six years.

    If the credit card company sold its rights to collect the money due under the judgment, then that's what happened.

    What do you mean by "settle this in court"? You can settle something out of court no matter where you are, as long as the other party is willing to settle. If you believe that there is an issue you can litigate, you would do that in the court where the judgment was entered.

  3. #3
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: What Can You Do About Six-Year-Old Judgment

    Pay them and they will go away. You seem to have a closed bridge between things you want and responsibilities.

  4. #4

    Default Re: What Can You Do About Six-Year-Old Judgment

    Quote Quoting Mr. Knowitall
    View Post
    If I understand, you owed money on credit cards, you were sued @2006, a process server claims to have served an adult resident of your household, you did not appear and a default was entered, you found out about the default within months, you did not file a motion to set aside the default, and you now want to address the issue six years after defaulting? As you've figured out, on those facts the court is not going to be receptive to a motion to set aside a default after the initial year passes, let alone after six years.
    Yes that's exactly right. This is a company that preys on people and makes money by not following the proper procedure and I think it's crap that you give someone an attitude who dares ask if there is anything they can do to stand up to a company (even if it is 6 years later) that has continually screwed people over by not following the proper procedure. Could you do anything besides being argumentative like providing information on the law that does allow me to go to court or hire a lawyer to fight these people based on the fact that they have admitted to hiring process servers who have not served anyone to gain easy default judgments? Is there anything legally I can do or no? Does Mr. Knowitall who spends all of his days and night on a legal advice forum have any legal knowledge for those seeking advice? Or does he just have an attitude?

    Quote Quoting Mr. Knowitall
    View Post
    If the credit card company sold its rights to collect the money due under the judgment, then that's what happened.
    The original credit card company is the one that is on the original lawsuit, judgement, and the ones on my credit report who are listed as having a judgement against me. Before the judgement C&S bought the debt, why if the original creditor "wants nothing to do with it" why are they listed as the ones with a judgement not C&S, but C&S sends me letters that they are "collecting on the original lenders behalf?"

    Mr. Knowitall can you provide me with more of your knowledge than "that's what happened..." I know that's what happened... If the original creditors want nothing to do with it would it hold up if they agreed to send me a letter saying they want nothing to do with it that I can either bring to court or the original creditor.

    Quote Quoting Mr. Knowitall
    View Post
    What do you mean by "settle this in court"? You can settle something out of court no matter where you are, as long as the other party is willing to settle. If you believe that there is an issue you can litigate, you would do that in the court where the judgment was entered.
    How do I do this? Can I file a lawsuit in small claims court? Ask a judge to... What? How do I go about this? Isn't your time valuable? Why do you waste your time by posting and not contributing your knowledge if you know it all?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: What Can You Do About Six-Year-Old Judgment

    so, have you asked your mother if she recalls the notices?

    I do not know the specifics of assigning the rights to a judgment in NYS. I would suggest you contact the court and ask them if they can tell you if the assignment must be registered to be enforceable.

    If so and it appears the judgment has not been assigned, then tell the lawyer to take a hike. Of course, this is with absolute certainty they are not acting on behalf of the named creditor.

    do not take what is on your credit report as being up to date or 100% dependable. The only way to know, for certain, who the current owner of the judgment rights are to review the court records.

  6. #6

    Default Re: What Can You Do About Six-Year-Old Judgment

    Quote Quoting jk
    View Post
    so, have you asked your mother if she recalls the notices?
    Yes I asked when I first found out... Granted no on here knows my mothe but would have no reason to be served a lawsuit for me and not tell me.

    Quote Quoting jk
    View Post
    I do not know the specifics of assigning the rights to a judgment in NYS. I would suggest you contact the court and ask them if they can tell you if the assignment must be registered to be enforceable.

    If so and it appears the judgment has not been assigned, then tell the lawyer to take a hike. Of course, this is with absolute certainty they are not acting on behalf of the named creditor.

    do not take what is on your credit report as being up to date or 100% dependable. The only way to know, for certain, who the current owner of the judgment rights are to review the court records.

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