Well, The Collector took ALL my money

[Campy]

Hello all, I am back after a hiedus, and do not have good news to report now. Most of us have been through it.......Loose job.....Cant pay....get ticked we are getting whacked with fees......find a forum like this!! Dont get me wrong, I am glad I found this....its made me a much stronger person in more ways than one....but after countless hours and reams of paper, the collections attorney for Forster and Garbus (ny) sends me a letter that my wife was taken to court and she lost.....huh!!! wish we would have known.

So now that the judgement came in the mail ($5,500) and I went to pay my bills, ALL of my money is on lean at the bank......not just the $5500, but DOUBLE that in NY because thats the law. $11,000 that I need to live, and feed my family of 5 and keep a roof over my head.

So, being in a rush and not knowing where to turn (cause we cant wait around for advice, we need to eat tonight) I am up the creek without the paddle, cause its the weekend....banks and attorneys are home seeping in their beds.

I have been thumbing through the thousands of dollars of material I have bought from cornforth......EFTRANS.......Dorean.....etc and I cant find anything that tells me how to get my money back without giving them what they say I owe.

Oh yeah.....and mine and my wifes credit is trashed....did i forget to mention that?

Well, this has been a long journey, and this system is set up so we give up, so, unless I can figure somthing else short of putting a gun to my head and pulling the trigger, than I am spent.

Can anyone provide some sort of relief? Im sorry, let me rephrase that....can anyone provide FREE advice?


campy

[idknow]

Originally Posted by Campy

Hello all, I am back after a hiedus, and do not have good news to report now. Most of us have been through it.......Loose job.....Cant pay....get ticked we are getting whacked with fees......find a forum like this!! Dont get me wrong, I am glad I found this....its made me a much stronger person in more ways than one....but after countless hours and reams of paper, the collections attorney for Forster and Garbus (ny) sends me a letter that my wife was taken to court and she lost.....huh!!! wish we would have known.

So now that the judgement came in the mail ($5,500) and I went to pay my bills, ALL of my money is on lean at the bank......not just the $5500, but DOUBLE that in NY because thats the law. $11,000 that I need to live, and feed my family of 5 and keep a roof over my head.

So, being in a rush and not knowing where to turn (cause we cant wait around for advice, we need to eat tonight) I am up the creek without the paddle, cause its the weekend....banks and attorneys are home seeping in their beds.

I have been thumbing through the thousands of dollars of material I have bought from cornforth......EFTRANS.......Dorean.....etc and I cant find anything that tells me how to get my money back without giving them what they say I owe.

Oh yeah.....and mine and my wifes credit is trashed....did i forget to mention that?

Well, this has been a long journey, and this system is set up so we give up, so, unless I can figure somthing else short of putting a gun to my head and pulling the trigger, than I am spent.

Can anyone provide some sort of relief? Im sorry, let me rephrase that....can anyone provide FREE advice?

campy

First of all, DON'T DO IT!
Second, you've arrived at the FREE diving board of information regarding "How Do I ..."

It's all here, along with alot of people who "have been there, and done that..."

pls dont do it.

we'll be praying for ya!

there is a search field, use it.

Stay in touch.
and Be Well!

[masterduke]

Campy, Sorry to hear of your problem. Yes I agree that there is a bunch of jive floating around. And if you have any money remaining, along comes some song and dance artyist waiting to relieve you of what ever may be left(I know personally). There are venues, but the hard part is getting organized and initiating it, without the proper training, it is an uphill battle. If you don't know already, don't leave any money in the bank (except if you have overdraft, they can't steal that) Possiably disqualifing the judge in your case (which is a proven method of attack) which could lead to a reversal of the case. But it is, once again, allot to learn. It can be done. Marvin Bryer has made life HELL for all of the judges and court personel in LA county Ca. Even sending some of 'em to jail!!! But he is a trippy chracter and very hard to follow in his methods. Jason Whitney also has dabbled in this as well and is much more coherent in his dvd 'Digging up Dirt' but it still falls short of explaining fully what is the proper step by step method (I don't know about you, but that is the sort of instruction that I need) so it is still a crap shoot unless you already have a good foundation in law and a computer hacker like mind for gleaning where the info trails lie. Public Records Act requests and The Judges Statement of Economic Interest are places to start looking for fraud, embezzlement, money laundering, just to name a few.... See what I mean?

[Campy]

Hey guys,

first of all, thanks for the responses. Never would I really let the bastards win by putting a gun to my head. It was more of the fact that I am being held by the preverbial short and curlies...ya know?

So now that I have had time to think a little, I am going to sign over the funds to them so I can feed my family. However, I will be sending along wit it a letter, or afidavit stating that I am doing this under duress, and am ONLY signing it because of lif or death issues (cant feed the fam without my money).

I WILL find a way of making this company pay for my damages. I will take then to court and use every leagal means necessary, and when that doesnt work, I will make sure they reap damages in the amount taken.

Use your imagination. Sly like a god damn fox (although I admit to nothing and legally speaking I am just ranting from being ticked off)

Kepp the ideas flowing. I am not giving up on you all. Italians dont like being had......get it?

Campy

[idknow]

Originally Posted by Campy

Hey guys,

first of all, thanks for the responses. Never would I really let the bastards win by putting a gun to my head. It was more of the fact that I am being held by the preverbial short and curlies...ya know?

So now that I have had time to think a little, I am going to sign over the funds to them so I can feed my family. However, I will be sending along wit it a letter, or afidavit stating that I am doing this under duress, and am ONLY signing it because of lif or death issues (cant feed the fam without my money).

I WILL find a way of making this company pay for my damages. I will take then to court and use every leagal means necessary, and when that doesnt work, I will make sure they reap damages in the amount taken.

Use your imagination. Sly like a god damn fox (although I admit to nothing and legally speaking I am just ranting from being ticked off)

Kepp the ideas flowing. I am not giving up on you all. Italians dont like being had......get it?

Campy

Good to hear.

[SlaveNoMore]

Originally Posted by Campy

Hello all, I am back after a hiedus, and do not have good news to report now. Most of us have been through it.......Loose job.....Cant pay....get ticked we are getting whacked with fees......find a forum like this!! Dont get me wrong, I am glad I found this....its made me a much stronger person in more ways than one....but after countless hours and reams of paper, the collections attorney for Forster and Garbus (ny) sends me a letter that my wife was taken to court and she lost.....huh!!! wish we would have known.

So now that the judgement came in the mail ($5,500) and I went to pay my bills, ALL of my money is on lean at the bank......not just the $5500, but DOUBLE that in NY because thats the law. $11,000 that I need to live, and feed my family of 5 and keep a roof over my head.

So, being in a rush and not knowing where to turn (cause we cant wait around for advice, we need to eat tonight) I am up the creek without the paddle, cause its the weekend....banks and attorneys are home seeping in their beds.

I have been thumbing through the thousands of dollars of material I have bought from cornforth......EFTRANS.......Dorean.....etc and I cant find anything that tells me how to get my money back without giving them what they say I owe.

Oh yeah.....and mine and my wifes credit is trashed....did i forget to mention that?

Well, this has been a long journey, and this system is set up so we give up, so, unless I can figure somthing else short of putting a gun to my head and pulling the trigger, than I am spent.

Can anyone provide some sort of relief? Im sorry, let me rephrase that....can anyone provide FREE advice?


campy

Campy,

You need to get over to www.artofcredit.com asap and ask this same question in their forums, as collectors and credit bureaus are all they deal with on that board, and they have some seasoned veterans who can give you quick and pertinent advice, especially the posters who live in your area.

From what you said, it sounds like as if you weren't properly served with a summons and complaint. That is an incredibly deceptive tactic that debt collectors love to use: they "improperly" serve you (meaning you don't get served at all), then they go into court on the court date and collect a big, fat default judgment against their victims (like you) because unsurprisingly, you never showed up and they don't have to use what little brain cells they have to defend their case.

These fraudulent judgments can get overturned and you should have a good countersuit on your hands. You will probably need a good consumer lawyer and quickly. You can go to www.naca.net to find one in your area or as I said earlier, ask on that other debt board I linked above.

SNM

[2tim215]

Campy,

Haven't been following the thread from the beginning so I may have missed somethings. I have a couple of ideas but you will have to verify them for yourself because it will probably depend on the specific procedural laws in your particular state. In addition, it is very important as to what the timelines are regarding the date of their judgment against you. Also, there are many more competent people on this forum so you might want to get their responses to what I am suggesting before making any decision as I am not guaranteeing any of this will work for you. There are two possible alternatives that I can think of which might be able to help you. One huge problem that you have of course is they have locked your bank account. It is always better to protect yourself proactively than to have to respond to a lien.

Here's the two possibilities I was referring to, and there are two criteria which will determine which ones you can or cannot use:

1) You may be able to file a Motion for Reconsideration with the court requesting that the judge reconsider his decision against you or

2) You could file an appeal.

Now based on the laws in some states, you can file with the court who ruled against you that you would like your case reheard based on some new evidence for example. The advantage to this, is that normally, they cannot get a lien on the judgment against you once this is on file (until it is decided upon). Unfortunately since they already have the lien, you would have to somehow get an emergency court order to have it removed which I don't know how to do or even if it could be done for sure. Maybe someone else on the forum could tell you how to go about it and whether or not it's even possible to do this. The other problem is that there is a limited amount of time to file this motion based on the time that you received the notice of judgment. This will be state dependent. I know that in some states it may be only 7-10 days, so your are limited but keep in mind (again this could be different for your state) the clock starts ticking from the time that you actually received the notice of judgment in the mail. The other possible problem in doing this is that in order for you to file a Motion of this kind, there is a legal criterion which you must comply with. Again, you will have to read the rules for your state if you choose to go down this path. Typically there are two criterion which are: Either new facts or evidence which weren't presented at the previouse hearing which would improve your chances to win this case or a new law which would affect your case was passed since its ruling. Since it is unlikely that a new law was passed (which would affect your case), the only legitimate cause for filing this motion is most probably that some new fact or evidence was not presented at the previous hearing that has since come to your attention. However, in addition to that, and this gets a bit sticky, this new fact or evidence which was not previously presented would have to have not been available to you at the time of the hearing meaning that it would have to be something that you (or your wife) were unaware of and had you been would have presented it at the time of the previous hearing. If you don't meet the criterion (whatever it happens to specifically be for your state) then you could be sanctioned (fined) by the court so there is definitely a risk involved in this sort of a maneuver. The thing that I believe that it could buy you (would have if you had filed it prior to the lien) is that it could have prevented them from being able to put the lien on you. Whether or not you could somehow still do it (providing you are still in the window of time that would allow it), that is, get the lien removed is definitely questionable, but nonetheless may be lworth lookng into. The other alternative, assuming you are past the time frame needed to file the Motion for Reconsideration or you do not have any new facts or evidence which is available to you now which was not available to you at the previous hearing would be to file an appeal which you have would have to do in an appeals court. I think that there may be a limit on the appeals in terms of the amount of money involved and that depends on the state. Some states actually have "mini-appeals court for cases that don't meet the appeals limit. This unfortunately is at the municpal level (the same level where your existing case is) and unfortunately (unlike appeals court where you have a completely different set of judges) this "min-appeals" is comprised of judges from the court you are already in, thus you would be going up against one of the judges who would be a "compadre" of the judge who already ruled against you. Cheering you up I hope? The problem with the appeals route is that it's fairly sophisticated in comparison with regular municipal court in that you couldn't even hire a regular attorney to do it for you, you need a spe******t such as an appeals court attorney in order to make sure you do it properly. You could do it but getting the forms and trying to fill them out yourself but it's definitely not recommended unless you have someone who could advise you on how to do it. You could try finding an appeals attorney who you could pay to maybe just help you fill out the form but not represent you. You would have to coax him into doing this. There is also a time limit on filing an appeal as well which I believe it's 90 days in some states. I don't know if this is going to help you but these are just a few suggestions. Regarding the lien, again, if it wasn't on there already, you might have been able to have used the appeal to prevent the lien, yet it is still possible you might be able to get it temporarily removed under your present circumstances. What may happen in this instance (as I understand at times) is that the court may require you to put up a bond instead, i.e., a guarantee of some sort that if in the eventuality you were to say, lose your appeal, that you are guaranteeing that you will pay. The bond may be let's say typically 20% of what you owe. This, considering your circumstances, would at least free up enough of your money to allow you to survive until this matter comes to its final resolution. Unfortunately, you are in a really bad position becuase they basically have locked up your resources and I imagine whatever you do is going to be somewhat painful in order to be able to get access back to you funds and have no idea how long it would take.

Also regarding the MTR, if you do file, the judge will either reject it or permit it. If he permits it, he will schedule another hearing, and then you will have to go in and argue based on your "new evidence or facts". He will then decide and can rule against your or for you. Of course it is likely (if he even grants you your motion) that he will decide again in favor of the creditor and if he does, you can then still file for an appeal. What this does however, is give you more time to prepare for it if that's what you want to do. If the judge by an Act of God were to grant you the motion and then rule in your favor, of course the Bank is likely to appeal (or ask the judge to reconsider again) so you see the process is long and drawn out (it's only short if you lose and give up right away). At the very least, it might make things a bit more difficult for thme. I hope this helps you.

Hopefully some of the other forum members will comment on this so that you can be steered in the right direction.

God bless you and your family. I hope you can find a solutions.

2tim215

2 Timothy 2:15 (KJV) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.

[KITCHIE]

Hey Campy!!

A lot of people begin an new education when they NEED to. Ha Ha!



I would check out doing a Void Judgment rather than appeal.

I would start by listing every judicial cannon, court rules, state and federal statutes, they failed to comply with.

I would show every cannon etc. that they should have followed.

I would show case cites and statutes supporting my stance.

Then I would put it all together in a nice brief and get it rolling.

For example I am doing a VJ over a SEARS account. The nasty little attorney sent all notices etc to an address that was not mine...until she got a default judgment. They had court without me and I was never notified or properly served.

That's where I would start. Even if you do decide to do an appeal I would start the same way.

Kitchie

[dimarco123]

Hi There...
I was just liened on (california bank account)...and they (medical collection agency placed some sort of wirt of execution on my account (not sure what used)...but there are exemptions ie monies they cannot take (dependes on NY civil procedure (here its CCP sec 704.190 (financial aid) The collector acting on judgement against me ( another story I need help on) levied my account. I immediately found out there were exemptions that I qualified for and filed with processor (local sheriff dept.) It takes upto 15 days for them to challenge it...so time is NOT of the essence for returning your money.

Something to look into. Call your bank and find out what the case number is on the Notice of Levy - they HAVE a LEVY department I'm sure, my bank does.. those A-holes.

I hope this helps...but don't delay...in Calif there's a 15 day exemption timeframe- don't know for NY.
Good Luck

[Campy]

ok, so I went to the city hall where this company filed their suit. Received all the paperwork, and here is where I get VERY pissed. They said...on 3 consecutive days....(including Saturday) that they tried to serve us at our home in the morning. Now, I have children who all take the bus to school in the mornings in question (except saturday). At the times in question, I would have been in plain view of ANYONE on my property. I dont have a lot of land, OR multiple doors for them to hidfe within. Now it sayd they taped it to my door. C'mon. I have been building this case against them for over a year. Dont you think I would have LOVED to be summoned? oh god, I am livid right now. This is gonna be fun.

I need to act fast though.

Wish me luck everyone.

Campy