- Report: #219228
Complaint Review: Cohen & SlamowitzMidland Funding Mitchell N Kay Jefferson Capital - St Cloud Minnesota
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Cohen & SlamowitzMidland Funding Mitchell N Kay Jefferson Capital
St Cloud, Mn - Woodbury, NY St Cloud, Minnesota, U.S.A.
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Cohen & Slamowitz ,Midland Funding , Mitchell N Kay Jefferson Capital IS THIS LEGAL??? St Cloud, - Woodbury, New York Minnesota
I have a fairly unique problem. Yes, I did purchase items from the now out of business Fingerhut. That was back in 1999. I lost my job, stopped paying, etc..... I was "sued" by Mitchell N kay on behalf of Jefferson Capital for this account. Never served with a subpeona or anything, just sued. They obtained a default judgement against me.
Now, over 2 years later, Cohen & Slamowitz, on behalf of Midland Funding, sues me again for the same debt - different $ amount, of course. Again, I am not served, just somehow they obtained a default judgement against me. This is a matter of public record and I obtained my yearly free credit report.
Cohen & Slamowitz are aggressively pursuing me for this money, sending me a "subpeona" to release all of my personal financial information to them, including wages, do I own my own home, etc... They also issued a restraining order against me for the items purchased, not that I even have any of them at this point.
Is this at all legal? First, this one debt has managed to show up a minimum of 6 times on my credit report, once for the original debt and each time a lawyer then a collection agency has bought my debt. How the heck does a person climb out from under all of this ??? I am stumped. Something sounds very fishy here. Can anyone help me?
Alicia
Rochester, New York
U.S.A.
Now, over 2 years later, Cohen & Slamowitz, on behalf of Midland Funding, sues me again for the same debt - different $ amount, of course. Again, I am not served, just somehow they obtained a default judgement against me. This is a matter of public record and I obtained my yearly free credit report.
Cohen & Slamowitz are aggressively pursuing me for this money, sending me a "subpeona" to release all of my personal financial information to them, including wages, do I own my own home, etc... They also issued a restraining order against me for the items purchased, not that I even have any of them at this point.
Is this at all legal? First, this one debt has managed to show up a minimum of 6 times on my credit report, once for the original debt and each time a lawyer then a collection agency has bought my debt. How the heck does a person climb out from under all of this ??? I am stumped. Something sounds very fishy here. Can anyone help me?
Alicia
Rochester, New York
U.S.A.
2 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Alicia, this is now a complex issue, but can be fixed.
#2Consumer Suggestion
Mon, November 06, 2006
Alicia, I suggest you turn this over to an attorney, even if it is just legal aid. There is a lot to do here. However, you can do it yourself. The first thing you need to do is get every peice of paper from the first time they sued you and got the default. Chances are good that they engaged in "sewer service" which is both unethical and illegal. This is where they knowingly serve an old address so that they know you will not get the summons or respond, and they quickly request a default be issued. If they did this, you can get the original judgement vacated. Now, do the same procedure for the second suit. File Bar Association complaints against all lawyers involved, as this is a serious ethical violation that could get them disbarred. Also go to FTC.gov and file complaints online. File a response to the "subpoena" to the court that you had no knowledge of the lawsuit and request a hearing. Explain that you were never served. DO NOT provide these rats any information. If you want, just ignore it and let them try to charge you with contempt, then you get your hearing! Also, what was the date of the FIRST lawsuit? The Statute of limitations in NY is 6 years from date of charge off. These are JUNK DEBT BUYERS you are dealing with. They are not creditors. They buy these debts for less than a penny on the dollar.
Steve
Bradenton,Florida,
U.S.A.
Alicia, this is now a complex issue, but can be fixed.
#3Consumer Suggestion
Mon, November 06, 2006
Alicia, I suggest you turn this over to an attorney, even if it is just legal aid. There is a lot to do here. However, you can do it yourself. The first thing you need to do is get every peice of paper from the first time they sued you and got the default. Chances are good that they engaged in "sewer service" which is both unethical and illegal. This is where they knowingly serve an old address so that they know you will not get the summons or respond, and they quickly request a default be issued. If they did this, you can get the original judgement vacated. Now, do the same procedure for the second suit. File Bar Association complaints against all lawyers involved, as this is a serious ethical violation that could get them disbarred. Also go to FTC.gov and file complaints online. File a response to the "subpoena" to the court that you had no knowledge of the lawsuit and request a hearing. Explain that you were never served. DO NOT provide these rats any information. If you want, just ignore it and let them try to charge you with contempt, then you get your hearing! Also, what was the date of the FIRST lawsuit? The Statute of limitations in NY is 6 years from date of charge off. These are JUNK DEBT BUYERS you are dealing with. They are not creditors. They buy these debts for less than a penny on the dollar.
