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