Queens Bankruptcy attorney Daniel Gershburg constantly hears “I did not get served by Mel Harris and they’re suing me”

admin — Fri, 09 Apr 2010 17:38:06 +0000

Lets put it this way, I am not singling out Mel Harris. I hear about not getting served from firms such as Rubin & Rothman, Cohen and Slamowitz, Pressler and Pressler, and many other debt collection firms in New York.

So you didnt get served but they’re suing you…now what?

Well, this Queens Bankruptcy Attorney would tell you NEVER to call them and leave it at that. You think a phone call is proof of anything but you having a phone? Its not. And don’t send in random letter either (notarized doesnt it make it the end all be all either). If you’re getting sued by any of these debt collection firms and you don’t think you were ever served with papers then it’s your job to go into court and “answer” the complaint against you, or hire a lawyer (hi!) to do that for you. New York law has explicit requirements as to how you can be served in these actions. Believe me, you’re not alone in thinking this suit came out of nowhere. Thousands upon thousands of people across Queens, and all of New York say that they were never served with any papers but now there are judgments against them. If they can’t prove they served you, they would have to restart the case all over again, or, in some instances, they could have the suits completely dismissed altogether.

So the lesson of the day is not simply to fight back against these firms by sending certified mailings, but its instead to have proper representation in court and make them prove their case before they start freezing your bank accounts and taking your salary and having it be a complete surprise to you. The worst thing you can do is nothing at all.

Credit Card Judgments entered even when you weren’t served with papers

admin — Tue, 14 Apr 2009 22:33:33 +0000

Here is a tip. Lets say you were served with what looks like court papers in the mail. And you were ONLY served in the mail. That means nothing was left nailed or taped to your door, and nothing was given to you in person. There is a good shot you werent served with the papers properly and you MAY have a way to throw out that specific judgment against you. Again, I stress may because it really does involved the particulars of each case. However, you should know that many credit collection law firms seem to engage in these practices. What usually happens is that you receive court papers in the mail either on time, or too late for you to even make an appearance in court. Or sometimes youll even receive papers stating that a judgment was entered against you when you didn’t even know there was an outstanding judgment in the first place. You may have even called the collection firm who told you that even though you only received this piece of mail, the judgment is still legitimate and you still have to pay. Wrong answer…collection firm people (what forceful language I used there). In fact, there is a good chance that you werent served accurately and you may not (and I stress may) have to pay the judgment amount. This might be an example of what is known as sewer service. The jist is that these credit collection firms have so many cases, that they constantly screw up (legal term) service, in which case, the court may not have jurisdiction in your case (meaning the court may not be able to hear your case as it is right now, let alone enter a judgment against you.) The best way to know is to get the affidavit of service from the collection firm. Easier said then done however. Many of these firms will not allow you to speak to an attorney, or will ignore these requests outright (even though they cant). Speak to an attorney about your case if you think this happened to you. It may save you grief, time, and money.

Daniel Gershburg » Credit Cards

Queens Bankruptcy attorney Daniel Gershburg constantly hears “I did not get served by Mel Harris and they’re suing me”

Credit Card Judgments entered even when you weren’t served with papers