I just found out via income execution letter from city marshal's that I had a default judgement against me and they would be garnishing my wages. I was never served papers as if I were I would have responded as I did previously and made a settlement. The affadavit of service I acquired through the clerks office states that it was affixed to the door after attempted to deliver three said times. I want to fight this through filing a show of cause form $45 and an RJI form $95, my question is am I wasting my time fighting this as I believe its bull&**$ tactics that Forster & Garbus are using ? What are the odds a judge signs the RJI and I can settle this ?

I own a process service company. You were served by what is called (in NYS) nail and mail - three attempts at three different times, preferably on at least two days, nailed to the door AND THEN MAILED. I don't know if you can convince a Judge that you didn't see the "nailed" Summons and also didn't get the "mailed" Summons. Is that your correct address? If I mail the paperwork and it is not returned to me it is "presumed" to have been delivered - and I file my Affidavit of Service.

Are you saying that this matter was heard, you were never notified of the Judgment or given an opportunity to pay it and an income execution was obtained - all without additional notice to you?

F&G has certainly been under scrutiny in the past - that's no secret. That MAY help you in your argument in front of the Judge.

I have been called to testify in similar matters where a debtor claims he/she never received notification. My service has NEVER been set aside.

You will have to decide the risk of losing and spending the additional money vs paying the Judgment as it exists. I guarantee that if you go to Court with this and it does get set aside you will be served, possibly in the Courtroom, and they will NOT be willing to settle - at least that's how it works in my area. You will end up paying for their additional time and trouble.

First of all,thank you for your answer.
It is my correct address on the affidavit i obtained from the erie county clerks office and it was verified by a john doe at another address on the street-a person who i do not personally know. I never received a 'nail and mail'.
I was personally served on another account which i sent F & G a return letter and settled in court for half.I don't know if that would make it look like my intentions are honest to a judge or that he would throw out my order to show cause on the grounds of the process servers affidavit.

I received a letter from F & G and from City Marshal's office stating to pay or have an income execution started.I do owe half of what they say and do want to pay that,my situation a few years ago forced me into not being able to.I'm guessing the city marshal only wants the full amount,i was hoping for it to go to court and settle for a thousand instead of two.

Sorry for rambling,i'm kind of in between a rock and a hard place.

Thanks

I don't know what you mean by "it was verified by a John Doe at another address on the street." I'm not sure what you are reading and posting here. Are you referring to an Affidavit of Service?

You did not find a copy of any papers "nailed" to your door and a copy was never mailed to you? I just want to make sure I understand you.

I THINK that the fact that you received a letter prior to this matter for another debt, went to Court, settled the matter, DOES make it appear that you are honest, are telling the truth, are facing your debts fairly, want to settle them.

You're not rambling. I, on the other hand, would be screaming.

I'd spend the money and file the appropriate action to get this set aside. Yes, you'll probably be served again BUT if "they" settled once before there's a good chance they'll settle again.

It matters little because I'm a stranger to you but I do believe you!

On the bottom of the affidavit of service it states :
VERIFICATION THAT THE ADDRESS IS GOOD:CONFIRMED BY 'JOHN DOE' AND AN ADDRESS TWO HOUSES DOWN FROM MINE.
I rarely see or know these people and am not on a first or last name basis with them.

Never received by letter or the 'nail and mail' then all the sudden I get a certified letter for income execution which I am not to happy about.

I have filled out the order to show cause which is fairly simple, now I am working on the RJI which isn't complicated but I do not want to make a mistake on it,or I fear it would be thrown out. County clerks are not obligated to help with forms.

Hopefully it gets set aside and they will strike a deal with me, hard to say though. F & G like to play hardball it seems,they use local lawyers from Erie county.When I made the settlement on the other debt the lawyer was pretty easy going as was the judge. They just seemed to want to get the crap over with, F & G on the other hand are another story!

Thanks for your time.

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Originally Posted by stefthunder

On the bottom of the affidavit of service it states :
VERIFICATION THAT THE ADDRESS IS GOOD:CONFIRMED BY 'JOHN DOE' AND AN ADDRESS TWO HOUSES DOWN FROM MINE.
I rarely see or know these people and am not on a first or last name basis with them.

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I almost NEVER see that on an Affidavit of Service - maybe 3 times in my entire career. Wonder why the server felt it was necessary?

I am very familiar with Erie County - what law firm is being used?

I know the Clerks won't/aren't allowed to help you with the forms BUT I think the forms are pretty clear. Need help?

That's what I was wondering.They needed to ask a neighbor who dosen't know me where I lived?

There is not a law firm right now,just City of Buffalo Marshal's. The law firm from my settlement was Gleichenhaus, Marchese & Falcone, P.C. who were very easy to deal with and talk to.

I could use some help with the RJI, as simple as it looks I do not what to omit something and get it thrown out.

Ask specific questions? What questions are you unclear about?

I'm figuring on the RJI to check the box Order to show cause and relief as Vacate judgement.

Not sure what to put down for date issued joined and Return Date.

Where the information for parties I would list myself and role as defendant. Capital one as plaintiff and next to that F & G as attorneys. Not sure what to put for issue joined Yes or No?

Looks easy but don't want mistakes.