Shaolinprince
New York,#2Consumer Suggestion
Fri, October 17, 2008
The way that Cohen & Slamowitz get away with so many default judgments is that they will send a false notice (this is how they receive a notice of service) to the one accused of owing the debt. They actually do this from 2 days and up to 10 days before they actually file the official court papers. Now they have an official Notice of Service but if you check the date of the so-called Notice of Service many times, it will be before they filed with the court. If that is the case, you can prove that the Notice of Service is fraudulent because how can they serve you an official court document (with a court date) if they served you before they even filed and received a court date. Many people and courts will not notice the dates because they are so close together and they are not looking at the date of service. Therefore, the service processor actually did serve you but not with an official court document but that gives Cohen & Slamowitz a true Notice of Service just not with a legal court document The process server would not know the difference and most courts or defendants do not catch the discrepancy. Therefore, check the date of the Notice of Service and when Cohen & Slamowitz actually official filed with the court. I hope this helps.
John
Louisville,#3Consumer Comment
Mon, June 16, 2008
Bank account freezes should never come out of the clear blue sky without your having been aware that someone had taken legal action against you. You should have received some sort of official notice of a pending court date called a "summons." These are usually delivered by sheriffs. It sounds like you have have been victim of a dirty tactic called a "sewer service" summons delivery. A 'sewer service' delivery of a court summons means deliberately sending a summons to a wrong/old address to ensure that you won't be there to get it.....Because you will not be aware of the court date....you will be a 'no show' at court. Be default the other side will win simply because you did not show up. If you never received an official summons, this is probably what happened to you and explains how they were able to freeze your checking account out of the clear blue sky. If you believe that you were not properly served, then you can most likely get this judgment voided. I recommend the following steps: Step #1: Contact your local Red Cross for a referral for free legal services in your area. You may qualify for some free legal assistance on this issue Step #2: Send a certified letter with return receipt (very important) to MCM - Midland Credit Management, INC. - Law Offices Of Cohen & Slamowitz,with this simple note: "Per the Fair Debt Collection Practices Act, I am requesting validation of the address that your office served my summons to." DO NOT sign your name on this letter...they might pull off your signature and use it on forged documents. Step #3: Go to the courthouse and get copies that show what address your summons to appear in court was delivered to. If you can document that you were improperly served, you need to fill out a motion to vacate the judgment. Good luck! John in Louisville ================== See the following link: http://www.ripoffreport.com/reports/0/215/RipOff0215828.htm Check out budhibbs.com for more advise...Here's some info I found from a person who had your problem.... I received a letter from my bank informing me they were holding 1200.00 from my bank account because of a Default Judgment against me. Cohen and Slamowitz are the best at falsifying court documents, creating aliases for you, Holding Judgment notices for over 30 days making it harder for your to fight the "backdoor" default judgment they got against you. I went online and printed out dozens of complaints consumers have about Cohen and Scumowitz. I went to the courthouse with the papers, filled out a motion to vacate the Judgment, pulled the file and saw it said they claim to have left the Summons on my door. I live in a gated community with cameras, security, no one came to my house that day. Everyone has to show id, all cars are recorded.... nothing. The next day when I had to return to the courthouse to see if the Judge signed off on my motion to vacate the judgment, not only did he sign off. I was informed to hire an Attorney right away because if I can prove they falsified the Court Documents ( and I can) he would recommend Cohen and Scumowitz be investigated. I intend to sue them once my case gets totally thrown out and I absolutely intend to subpoena the supposed "Process Server", It's one thing if I was wrong and owe the money 900 less than what they claim. They take me to court, prove their case, show documents and collect their money. But all the back door " hope he doesn't find out" crap will catch up to them sooner or later.