[astounded123]

JUST TO UPDATE YOU ALL:


I went to the bank the other day and both my joint savings & checking was negative $3850.00-EACH!!! When I went to the bank manager he said a legal firm had froze my account for those amounts. When we called the firm, they could not even find me in their system. I had to call the bank and they told me it was for Captial One. I had owned this card 6 years ago, in my maiden name from Captial One for the whole amount of $458!! That was the balance when I lost my job, and to be honest, I forgot about it. The lawyer's firm said I have to pay $1900 for intrest and late fees, but they DOUBLED the amount (on both accounts so I am in debt for $7,600!!!) The attorney's office of Forster and Garbus said they they attempted numerous contacts and tried to serve me with the Order to Appear! When I inquired why I have not been contacted by Captial One or her firm for the past 6 years, she gave me some strange address they had for me. I told her I never lived there. They said well they got that address from the US Postal Service that my PO Box was registered to that address. When I called the local Post Office and they pulled my card, they gave me an old address I used to live at, but it wasn't the one the Lawyer gave me! I asked the Post Master how she got this address and he said he had "NO IDEA!!" I am a registered NY Sate voter and have utilities in my name. They could not find me?? I had to pay them $400 to get my accounts unfrozen, but I now have $600 in bounced check charges.

THAT WAS MY ORIGINAL COMPLAINT


I have since found out:
1) They attempted to serve me three times at a home where I know the people personally. A husband and wife live there. The wife is an attorney and the husband is the former DA for my town. They never got served or a notice. The Process Srver put down dates and Times. They can attest to the fact, as officers of the Court that they were both home on the dates the service was attempted.
2) The affidavid of service states that the process server asked a neighbor and listed the "neighbor's" address. I went to the local tax office. There is no house on that street with the "neighbor's" address. Nor is their a "neighbor" with that name who lives on the street.
3) We are a 5 towns small claims court district. They filed the motion in the wrong jursidiction.
4)When the local police detective contacted the attorney's firm to find the process server they said "they would have to find him". That has been 3 week and they have not returned his phone calls or written requests.

PLAESE IF ANYONE HAS COMPLAINTS OR ANY INFO ABOUT FORSTER AND GARBUS in Farmingdale, NY.... LET ME KNOW!

I'm in the same boat. I went to the bank yesterday to make a deposit and found out my checking and savings account have been frozen by Forster & Garbus on behalf of Capital One. My bank gave me the phone number to contact F & G. I was told by a Mr. Fisher that papers had been served and I had not responded. I had never received so much as a bill from Capital One! He gave me an corruption of an address that was 14 years old. It wasn't even an accurate address. At the time I lived on Central Park West in NYC. They sent the papers to Park Central West... undeliverable in NYC! I requested a copy of the papers including the judgement and was told he didn't have them. I was also told that the lien on the account was double the actual amount I owed and I could save by paying the money now. I don't even know for sure that I owe Capital One... I have moved several times and most likely didn't keep the old statements.

[ScottGem]

I'm in the same boat. I went to the bank yesterday to make a deposit and found out my checking and savings account have been frozen by Forster & Garbus on behalf of Capital One. My bank gave me the phone number to contact F & G. I was told by a Mr. Fisher that papers had been served and I had not responded. I had never received so much as a bill from Capital One! He gave me an corruption of an address that was 14 years old. It wasn't even an accurate address. At the time I lived on Central Park West in NYC. They sent the papers to Park Central West...undeliverable in NYC! I requested a copy of the papers including the judgement and was told he didn't have them. I was also told that the lein on the account was double the actual amount I owed and I could save by paying the money now. I don't even know for sure that I owe Capital One...I have moved several times and most likely didn't keep the old statements.

First, its not a good idea to piggyback your question on someone else's thread, so I've requested it be moved to its own thread.

What you need to do, is find out the court that issued the judgement (the bank will have that). Then go to the court and file a motion to Vacate the judgement on the ground of improper service. You should be able to do so and then get your account freed up, though it will not happen immediately.

From there, the creditor will probably resubmit the case. You can then respond with an Intention to Defend. That gives you the right to demand copies of the original contract and other proofs that you owe this money. From there you can decide whether to offer a settlement or fight it totally.

[LaurieZ]

I'm in the same boat. I went to the bank yesterday to make a deposit and found out my checking and savings account have been frozen by Forster & Garbus on behalf of Capital One. My bank gave me the phone number to contact F & G. I was told by a Mr. Fisher that papers had been served and I had not responded. I had never received so much as a bill from Capital One! He gave me an corruption of an address that was 14 years old. It wasn't even an accurate address. At the time I lived on Central Park West in NYC. They sent the papers to Park Central West...undeliverable in NYC! I requested a copy of the papers including the judgement and was told he didn't have them. I was also told that the lein on the account was double the actual amount I owed and I could save by paying the money now. I don't even know for sure that I owe Capital One...I have moved several times and most likely didn't keep the old statements.

Capitol One is notorious for this sort of thing. You should find an attorney with Fair Credit Reporting Act specialty. C1 needs to first prove it's your account with the original application with your signature. A friend of my was notified that they would garnish his pay by way of judgment--and he didn't listen to me. Now he's stuck paying way more than he would have.