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  • Report:  #310040

Complaint Review: COHEN AND SLAMOWITZ - Woodbury New York

Reported By:
- SCHENECTADY, New York,
Submitted:
Updated:

COHEN AND SLAMOWITZ
199 Crossways Park Drive Woodbury, 11797-2076 New York, U.S.A.
Phone:
516-364-6006
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
MY WAGES ARE BEING GARISHED ON A CREDIT CARD DEBT WITHOUT NOTIFICATION FOR AN AMOUNT THAT I DO NOT OWE. I WAS HARRASSED, THREATENED AND TREATED UNFAIRLY. THEY PUT A LEVY ON EXEMPT FUNDS FOR WHICH I HAD PROOF. I EXPLAINED THAT THERE WAS NO WAY THAT I COULD HAVE OWED THAT AMOUNT WHICH WAS CLOSE TO $4,000.00. MY CREDIT LIMIT WAS ONLY FOR $1,000.00 ON A PROVIDIAN VISA UNSECURED CREDIT CARD. THE LAST PAYMENT THAT I MADE ON THIS ACCOUNT WAS JANUARY 2001 BECAUSE I WAS OUT ON DISABILITY. I CALLED TO HAVE THE CARD CANCELLED FEBRUARY 2001 BECAUSE IT WAS STOLEN. I USED TO PAY MAY BILLS AHEAD OF TIME UNTIL I WENT OUT ON DISABILITY FROM 2001-2004 AND WHEN I FOUND ANOTHER JOB I STARTED OUT WORKING PART TIME AND SLOWLY WENT TO 32 HOURS PER WEEK.

I TOLD THEM THAT I DISPUTED THE AMOUNT OF THE DEBT. IT WAS HIGHLY IMPOSSIBLE. I ASKED TO SEE THE ORIGINAL CONTRACT. THEY SAID NO. THEY SAID I WAS A DEAD BEAT, IDIOT, STUPID AND WHAT KIND OF LIFE WAS I LIVING TO HAVE A BILL THAT HIGH. I TOLD THEM THAT IF I COULD AFFORD TO PAY EVERYONE THAT I WOULD PAY EVERYONE AT THE SAME TIME.

THEY TOTALLY IGNORED THE STATUES OF LIMITATIONS IN NEW YORK STATE. THEY NEVER TRIED TO CONTACT ME BEFORE. THEY REFUSED TO SEND ME THE ORGINAL SIGNED CONTRACT OR ANY OTHER CONTRACT THAT SOMEONE COULD HAVE PUT IN MY NAME WHEN THE CARD WAS STOLEN. NEEDLESS TO SAY THE CREDIT LIMIT WAS ONLY $1,000 AND I DID CANCEL THE CARD.

I ASKED TO SPEAK TO A SUPERVISOR AND SHE REALLY ACTED WORSE.

THEY STOPPED CALLING AROUND JANUARY 2007 AFTER I SHOWED THEM PROOF OF EVERYTHING.

I RECENTLY FOUND OUT THAT MY WAGES HAVE BEEN GARNISHED SINCE 10/11/2007. I RECEIVED NO NOTIFICATION IN ANY FORM. MY WAGES WERE ALREADY BEING GARNISHED BY ANOTHER FIRM. I KNEW THAT I MUST HAVE PAID THEM OF ALREADY SO WHEN I CHECKED WITH HUMAN RESOURCES I FOUND OUT THAT THERE WAS A GARNISHMENT FROM COHEN AND SLAMOWITZ FOR ABOUT $4,000. AND THEY HAVE ALREADY TAKEN $1042.02

I REALLY DIDN'T KNOW ANYTHING ABOUT THE FAIR DEBT COLLECTIONS POLICY AT THAT TIME. THEY REFUSED TO WORK WITH ME. THEY WERE REALLY MEAN TO ME.

I DO NOT OWE THAT AMOUNT. I DO NOT OWE THEM THAT AMOUNT AND I WILL FIGHT TO HAVE THIS DISMISSED. I FEEL THAT A FAIR SETTLEMENT IS FOR ME TO PAY ABSOLUTELY NO MORE THAN $1200.00. THEY ALREADY HAVE TAKEN AS 2/7/2008 $1,042.02. WHICH WOULD LEAVE ME TO PAY $157.98.

I'M NOT TRYING TO GET OUT OF PAYING ANY BILLS. I LIVE PAY CHECK TO PAY CHECK. I HAVE NO ASSETS, I DON'T OWN A HOME, I HAVE NO CAR, I HAVE 2 CHILDREN TO CARE FOR AND I HAVE NO MAN, PLUS MY WORK HOURS ARE CONSTANTLY BEING CUT. I HAVE A LOT OF BILLS THAT I'M TRYING TO PAY. I TRIED TO EXPLAIN THIS TO THE FIRM AT COHEN AND SLAMOWICTZ.

I WILL BE SENDING A COPY OF THIS TO THEY NEW YORK STATE ATTORNEY GENERAL AND THE FAIR DEBT COLLECTION.

CRYSTAL

SCHENECTADY, New York

U.S.A.



5 Updates & Rebuttals

Steve

Bradenton,
Florida,
U.S.A.
Crystal, a few more things

#2Consumer Suggestion

Wed, February 20, 2008

Crystal, It sounds like they engaged in what is known as "sewer service" where they serve a bogus address knowing you will not get it and will not respond. This is unethical and illegal. If this was the case, be sure to file a Bar Association complaint against all "lawyers" involved, and also file a civil lawsuit for your damages. Then go to the DA and seek criminal charges, as it is a felony in most states to file a falsified document with the court. Get these freaks disbarred, and put them in jail. They have a long documented history of underhanded and illegal tactics. Good luck!


Steve

Bradenton,
Florida,
U.S.A.
Crystal, a few more things

#3Consumer Suggestion

Wed, February 20, 2008

Crystal, It sounds like they engaged in what is known as "sewer service" where they serve a bogus address knowing you will not get it and will not respond. This is unethical and illegal. If this was the case, be sure to file a Bar Association complaint against all "lawyers" involved, and also file a civil lawsuit for your damages. Then go to the DA and seek criminal charges, as it is a felony in most states to file a falsified document with the court. Get these freaks disbarred, and put them in jail. They have a long documented history of underhanded and illegal tactics. Good luck!


Steve

Bradenton,
Florida,
U.S.A.
Crystal, a few more things

#4Consumer Suggestion

Wed, February 20, 2008

Crystal, It sounds like they engaged in what is known as "sewer service" where they serve a bogus address knowing you will not get it and will not respond. This is unethical and illegal. If this was the case, be sure to file a Bar Association complaint against all "lawyers" involved, and also file a civil lawsuit for your damages. Then go to the DA and seek criminal charges, as it is a felony in most states to file a falsified document with the court. Get these freaks disbarred, and put them in jail. They have a long documented history of underhanded and illegal tactics. Good luck!


Tim

Valparaiso,
Indiana,
U.S.A.
Robert is right on the money

#5Consumer Suggestion

Wed, February 20, 2008

Robert is exactly right. Except for in very limited circumstances, usually involving debts to a government agency or contractor, garnishments can only stem from a money judgment. So it sounds like you have a default judgment against you. Your only real hope of getting that judgment vacated is to find a procedural irregularity. Most likely, this would be in the form of improper service. Even that is probably a long shot. But its worth a try. At any rate, you're going to need a lawyer if you want this to go away, and there is, by no means, any guarantee that a lawyer will even do you any good. Find out how you were served, and then find a lawyer who will at least give you a free initial consultation to see if you have any recourse. Bankruptcy is another option. Best of luck!


Robert

Buffalo,
New York,
U.S.A.
They obtained a money judgment against you.

#6Consumer Suggestion

Tue, February 19, 2008

In order to have your wages garnished, 2 different court actions had to take place. 1. They sued you in civil court and won a money judgment against you. 2. After a period of time whereas you did not make any payments to satisfy the judgment, they went back to the court and requested an enforcement order (wage garnishment) from the court and the court granted the enforcement order. During BOTH of these proceedings you should have been contacted by the court and given the dates/times of the hearings so that you could respond to the original civil suit as well as to the request for the enforcement order. You should go to your employer HR/payroll department and obtain a copy of the enforcement order to determine what court granted the judgment and ordered the garnishment. Once you know the name of the court, you should go to the clerk of the court to obtain copies of ALL DOCUMENTS that were filed in the case against you, including PROOF OF SERVICE. IF you were not properly served, you should consult with an attorney to determine how to petition the court to vacate the judgment and the enforcement order. I would not expect any help from the Office of the AG because this matter has been adjudicated - there is a money judgment against you. An expired SOL is an affirmative defense to a civil action, but the courts will NOT envoke this protection for you. You must respond to the summons and assert an expired SOL as your affirmative defense. You're only hope at this point is that you can establish that you were not properly served and that the improper service was DELIBERATE on the part of the plaintiffs. This would be cause to have the judgment vacated and the case reheard. Note that even if you are successful at having the current judgment and enforcement order vacated, it is very likely that there would be a new trial for the money judgment. I suggest you obtain all copies of the court case against you and you consult with a competent attorney in your area.

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