Michelle
Ballston Spa,#2Author of original report
Mon, May 23, 2005
I thank all of you. I took them to small claims court, showed the judge the proof and the laws they violated especially the SSI. Showed the judge the papers stating it never went to court that it was just filed in the clerks office and those papers were from the supreme court. The signature there documents says clerk, but of what the court, county clerk, bank clerk, there own clerk? It didnt matter though the judge of course sided with them. So they win cause they count on people who cant challenge them, due to lack of funds to hire there own attorney. Now I know the outcome would have been differant if I did hire an attorney or one in the area would take the case, but the closest Attorney I found was NY City sounds pretty fishy to me. So just watch out and make sure you all check you documents.
Carl
El Cajon,#3Consumer Suggestion
Thu, April 14, 2005
If what you say is true, then I am sure there would be plenty of attorneys in your local area that would jump that the opportunity to represent you in a pro bono or contigent fee basis. Or, you might consider filing a small claims lawsuit if it is a small amount.
Joe
Platteville,#4Consumer Comment
Wed, April 13, 2005
I don't know what media you went to, but Time Warner's Channel 9 news has a "9 on your side" feature where they investigage local companies. Whomever is on that assignment is the one to get ahold of. You may find out who that is at capitalnews9.com if that link/address doesn't get edited out in this post....I put it here for you. Call them and just ask who handles that feature...then stake them out at the station...not by phone...it's a lot harder to push you away from their door than hang up a phone. (by now you figured out I'm really a former local yocal, eh...not just some cheesehead). Next...go to the Saratoga County Clerk and file a small claim suit against them. If they don't show up...you win by default. Make sure you include punative (punishment) damages in your claim along with the actual damages. Good luck.
Michelle
Ballston Spa,#5Author of original report
Sat, April 09, 2005
The problem is this never went through the courts, even though the papers all stated this did. I even have a written statement from the Supreme Court they never issued a judgement and it was never presented to them. The papers are Fraudulant, just made up from the Attorneys computer then sent to the sheriffs and the bank.
Carl
El Cajon,#6Consumer Suggestion
Sat, April 09, 2005
Although the details are rather sketchy, it sounds to me like this IS a civil matter. Let me explain. Law firms are not in the business of "stealing" money from someone's account. In most states, you can have the local sheriff take money from a bank account if you have a judgment. In California for example, I can get a writ of execution from the court ot help me collect the just. I then pay a fee to the local Sheriff's department and they prepare paperwork for the bank levy. If sounds to me like you were sued and had a judgment rendered against you. You should go to the local court and review the name index to locate the case number and look at the file. If there is a judgment against you that was fraudulent obtained, you should be able to file a motion to set aside the judgment and get your money back. Be careful because these motions are difficult to file w/o the help of an attorney. Also, most states have time limits requiring you to file your motion to set aside the judgment begining from the time you discovered the existence of the judgment.
Michelle
Ballston Spa,#7Author of original report
Fri, April 08, 2005
Thank you for the replies.. I did indeed report fraud and theft to the agencies but I still get its a civil matter contact an attorney. I even went to the media but they wanted nothing to do with this story. I will get the book and read mabye there still is something I can do. Thanks for the replies.
Joe
Platteville,#8Consumer Comment
Thu, April 07, 2005
I suggest some constructive reading...look this up on any book web site. Getting Even by George Hayduke....has some good insight on how to get back at these slimebags. Good luck...I know who these guys are and they're nasty.
S.n.
Bucyrus,#9Consumer Suggestion
Thu, April 07, 2005
Did you contact the local police department and report a theft? Contact the bank and report fraud. If your son's funds were stolen and it was not his responsibility for the debt, then then it was theft. File the proper reports (if it is not too late), make tracks to the DA's office and tell them you want this firm prosecuted. You should also contact SS and advise them of the theft. Make sure you send them copies of the removal of funds from your son's account. If the funds are co-mingled with your funds, you are probably out of luck.