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HaChayalBoded · Apr 9, 2006, 12:56 PM

I'm a full time student and have spoken to this particular collector letting them know that once I begin working I will begin paying of the debt. I don't keep much in my bank account, usually just cash given to me here and there, I pretty much make sure its always under $1000. Well the judgement went through on the 30th and on the 31st my sister gave me a $2000 check so that I could pay my tuition for next semester, immediately my account had been frozen. I called the collector and the woman was pretty rude to me, I explained that I am a full time student, this money was not my own and was to be used for my tuition. Her words "I don't care, thats too bad you need to either hand over the account willingly or we will take it and you will have to pay an additional $250 for the sheriff fees and 5%"
I have tried asking to speak with someone else but that particular person is in charge of the account. I specifically asked a few weeks ago if this might happen and was told no because I am a student they would hold off, the person who said that no longer works there, accounts get bounced around from person to person all the time they said.
What are my options to get my money back? Like I said Im a full time student, this money was to be used for tuition, if I don't get it back it would force me to not go to school next semester and instead work full time.
I am located in NY and the debt collector is Cohen and Slamowitz.

Any help would be greatly appreciated

Eddie
PS I was told I had 7 days to come up with the balance which is less $1000 but I can't even pay that, if I do not, they will seize everything and charge me more than what they have already taken from me.

ScottGem · Apr 9, 2006, 06:35 PM

If this is a valid debt that you incurred and the person owed has obtain a valid judgement aagainst you, then you are pretty much stuck. Where were you when the judgement was being entered? That would have been the time to work out a payment plan or something else to prevent the judgement being entered.

My suggestion is to find the court that entered the judgement and petititon that court for redress. You may need an attorney to do so. Check with your school, they might have resources for you, especially if there is a law school as part of the school.

You can also try contacting consumer advocates in your area to intercede on your behalf. Companies don't like the bad publicity of going after people like you.

fredg · Apr 10, 2006, 05:06 AM

HI,
You have received some very good answers. I would just like to add that one of the major issues facing college students today is debt, through credit cards. This is the one major issue for a great number of them right after graduation. Many credit card companies are now "tightening down" on debt, more so than a few years ago. Since you didn't mention credit card debt, this may or may not apply to you.
The collection company probably could care less about their "reputation", because in their line of work, they aren't liked very well anyway. Their business depends on those who give them debts to collect, regardless of what line of work they might be in, or if they are students. They have a business to run, and a job to do. Unfortunately, they are in one of those jobs that aren't very pleasant for the person on the other end. Seeking Professional advice, maybe from someone in college would be a good idea.

ScottGem · Apr 10, 2006, 05:50 AM

Originally Posted by fredg

The collection company probably could care less about their "reputation", becuase in their line of work, they aren't liked very well anyway. Their business depends on those who give them debts to collect...

As someone who once worked as a skip tracer, I can say that collection companies certainly DO care about their reputation. Companies seeking to hire someone to collect their debts for them do not want a firm that will use draconian methods to collect those debts. This reflects back on them.

Also I found that, in debt collection, you catch more flies with honey than vinegar. Collectors who work with the debtor and try to help them recover more debt than otherwise. On the flip side, debtors who don't try to hide from their debt and try to work with the creditor get more leeway.

HaChayalBoded · Apr 11, 2006, 07:39 AM

First I'd like to answer a few questions
Yes this is an old credit card debt.
I was not made aware of when the judgement was being entered, I was probably overseas at the time.
How can I find the court that entered the judgement?
How can I find a consumer advocate in my area? Im in Brooklyn NY

Also another question, was the woman telling the truth when she gave me the ultimatum of either willingly forking over the cash or they would do it through the sheriffs dept and I would then have to pay abnormal fees to the sheriffs dept and other fees? Or was she trying to scare me into just handing over the money?

Thank you for your help gentlemen

Eddie

ScottGem · Apr 11, 2006, 07:53 AM

Try this site:

http://pubadvocate.nyc.gov/

In addition you might try contacting local news media. Many of them have consumer watchgdogs, like Channel 4's Asa Arons, that help people with problems like this.

Call your bank. If they were given a judgement to freeze the account, then they should have a copy of the paperwork and be able to give you the court. You might try the collection agency, telling them you want to pay but you need to see the court papers first.

As I previously suggested, talk to your school (try the student govt). Colleges often have offices that can help students with problems like this.

mitlarc · May 29, 2006, 09:04 PM

Well I'm not sure about the lady trying to scare you, but I do know this law firm is being sued by people, consumers like you and I.

I also have a problem with them, and the subpoena sent to my bank was not legit, as well as others, that is why they are being sued along with wrongful/illegal collection tactics. As for the paperwork, it has to have a case number of file number on it, I'm not sure but I believe if it's a real order it must also have the Judges signature on it as well, or the court clerk.

Maybe someone could help me on this, Does a subpoena have to have the state seal on it?

educatedhorse_2005 · May 29, 2006, 10:52 PM

Yes I believe it does

HaChayalBoded · May 30, 2006, 06:18 AM

Originally Posted by mitlarc

Well I'm not sure about the lady trying to scare you, but I do know this law firm is being sued by people, consumers like you and I.

I also have a problem with them, and the subpoena sent to my bank was not legit, as well as others, that is why they are being sued along with wrongful/illegal collection tactics. as for the paperwork, it has to have a case number of file number on it, I'm not sure but I believe if its a real order it must also have the Judges signature on it as well, or the court clerk.

Maybe someone could help me on this, Does a subpoena have to have the state seal on it?

Do you have any information I could possibly bring to the bank? Or anything I can do about this? This woman basically totally killed any chance of me going to college next semester so now Im going to end up working full time next semester to pay for the following semester and I can't even work on the books now because of these peoples tactics.

fredg · May 30, 2006, 06:36 AM

HI,
Unfortunately, some want their money, after waiting some period for payment.
Seems to me that your only recourse is to pay it; or, get a lawyer, find out what your legal actions can be, if any.
Best wishes.

wynelle · May 31, 2006, 01:00 PM

If you know you must repay this debt, why don't you take a year off from college and earn the money you need?

Never, but never believe what collection agencies say over the phone. Always get it in writing. Sometimes they will settle for pennies on the dollar just to close the account. To keep it open while you finish school, graduate and find a job costs them manpower hours. Since you knew that particular account was being frozen, it wasn't the best move to put $2000 in the account on the day after judgement. It showed you did have access to money.

Collection agency tactics can be evil, but unfortunately, the debts should be paid.

KBoogie · Aug 9, 2006, 06:15 AM

Don't get them one dime.:mad: Here is an excellent website www.budhibbs.com They can never produce actual paperwork that is legitimate that is. Also from this website www.naca.com I was able to speak to a lawyer and they told me exactly what to do. Keep me posted because Cohen and Slamowitz are pure SCUMBAGS!! :mad:

helplease · Aug 18, 2006, 11:05 AM

Hello

I am having similar problems with Cohen & Slamowitz. They recently sent me a letter stating that a Judgement was entered against me, but I never received an official summons. DOn't I have to sign for a summons and does it not need an official seal or signature. What do I do if I don't have one.

I have been reading up on this company's history and it is very bad. One sight said not to go to the county clerk who the company tells you to go to but rather go to a higher up.

What do I do before a judgement is decided on or does "entered" mean it is decided on.

Also I was told not to communicate with the company as any communication can be used against me.

Also does anyone know if David A. Cohen is the same David Cohen that was legally barred from all debt collecting practices in a California lawsuit?

HELP. This company needs to do things legally and people in my situation have no way to pay for legal representation.

KBoogie · Aug 19, 2006, 01:37 PM

Originally Posted by helplease

Hello

I am having similar problems with Cohen & Slamowitz. They recently sent me a letter stating that a Judgement was entered against me, but I never received an official summons. DOn't I have to sign for a summons and does it not need an official seal or signature. What do I do if I don't have one.

I have been reading up on this company's history and it is very bad. One sight said not to go to the county clerk who the company tells you to go to but rather go to a higher up.

What do I do before a judgement is decided on or does "entered" mean it is decided on.

Also I was told not to communicate with the company as any communication can be used against me.

Also does anyone know if David A. Cohen is the same David Cohen that was legally barred from all debt collecting practices in a California lawsuit?

HELP. This company needs to do things legally and people in my situation have no way to pay for legal representation.

Yes this company is pure evil. Hmm now that is real interesting I did not know that about David Cohen? :eek: I would definitel go to the court house that they claimed to have filed the paperwork they are really good for not submitting the correct/legal paperwork. Don't answer them at all put meaning you can send them a c/d letter and a letter of validation. Here is an excellent site www.consumerinfocenter.com they have all of the letters that you will need. Keep me posted. :)

DonaldDoo® · Sep 5, 2007, 03:04 PM

I am amazed at the responses giving you advice on how to avoid paying off your debt.
Did you in fact create this debt? The collector and Credit Card Company are not doing you an injustice by forcibly taking what you should have freely given them. In my opinion, the fees they charge are not nearly enough. If the monetary penalties were higher and there were criminal consequences as well maybe we wouldn't have as many freeloading dead beats racking up debt and driving up the all around cost of goods and services for the rest of us. And you have the nerve to expect leniency because it is inconvenient for you to pay your bills. Shame on you and every person in here that is supporting your quest to remain a loser. Pay your bills and contribute to society instead of being a drain on it.

Don

ScottGem · Sep 5, 2007, 04:00 PM

Originally Posted by DonaldDoo®

Pay your bills and contribute to society instead of being a drain on it.
Don

I sincerely hope you never have to deal with some of the issues that cause people to be a "drain" on society. You make an erroneous assumption that people have consciously tried to defraud creditors by getting out of payment. Most of the time, people get into financial trouble because of circumstances beyond their control. Loss of job, catastrophic illness, etc. are the primary causes of financial difficulty, not trying to skip out on a debt.

slowandeasy · Sep 5, 2007, 04:15 PM

I agree with Scottgem most people get into finanical trouble due to something drastic happening in their life like job loss and devasting illness. You DonaldDoo need to wake up and live in the real world because you are living in a fantasy world Most people want to pay their debts!! Don't judge people until you walk in their shoes,

DonaldDoo® · Sep 5, 2007, 04:35 PM

Dear Mr.ScottGem. Computer Expert?

The fact that this person is spending money on school (or anything for that matter) is validation for my remarks. If they owe someone money paying it back should absolutely be top priority. If they are defaulting on a credit card debt or loan it seems ludicrous to me that they are comfortable using that money for their own benefit instead of giving it back to its lawful owner. This is nothing less than thievery. Get a job, pay your dept and then go to school. Why is everyone so unwilling to deal respectably with the consequences of their actions?

DonaldDoo®
MCSE
MCITP
MCDST

ScottGem · Sep 5, 2007, 04:52 PM

You are entitled to your opinion, but I still think you are being too harsh. He's going to school to get a better job so maybe he can pay off the bills. "once I begin working I will begin paying of the debt" Does that sound like he's ducking out on his responsibilities?

Lighten up a bit!

And yes, Computer Expert!

DonaldDoo® · Sep 5, 2007, 05:47 PM

Okay I’ll lighten up.

I can find no logical reason for me to get all heated up about this. After all He doesn’t owe me any money. I’ve stated my point of view for your viewing pleasure. And if you look closely you will notice it is now and always will be the correct point of view. (Unless you ask my wife)
I say we move on to something a little more entertaining. Any suggestions?
ScottGem I see you’re an Access guru. My wife is a Microsoft Office Specialist Master.
I’m more of a hardware guy myself.

DonaldDoo®
MCSE
MCITP
MCDST