J_D_NY
New York,#2Consumer Suggestion
Fri, February 06, 2009
I am not a lawyer, but I think part of the problem may be this... did you file a Order to Show Cause (in the SAME COURT as they filed their original suit to win default judgement against you)? You should state how you were not properly served and had no way to know you were being sued let alone when to show up for court to be heard? I had to file an Order to Show Casue with the same court (Civil Court of NYC) as they filed originally. You say that you filed in Superior Court... was that the court they received a default judgement against you in? If not, go to Civil Court immediately and request a copy of the original documents that the Evil Monkey Kings filed against you, then file an immediate Order to Show Cause. Tell the court how you were not properly served and that the evil overlords placed a levy against your bank account(s). This should help to expidite your day in court. Then its up to the evil dung flinging monkeymen to prove in court that (1) the debt is infact yours, (2) they infact legally own said debt. #1 & #2 should be in the form of ORIGINAL SIGNED DOUCMENTS... (1) a contract signed by you stating you accept this debt and (2) a signed document between the collection nymps and the original creditor stating they now legally own said debt. Also you should demand they show proof of your last payment date (payment by you on said debt) to prove if the debt is beyond Statute of Limitations or not. I wish you luck... these ethically-challenged and morally-bankrupt slimebags need to be stopped.