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    sunfire77's Avatar
    sunfire77 Posts: 7, Reputation: -1
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    #1

    Feb 2, 2009, 10:17 PM
    How do I do a motion to vacate a judgement
    I never received court papers to show up to court about my capital one bill.
    I have been disputing it for a long time. With no luck.
    All of a sudden a forster and garbus come after me. They say the would settle for 1300.
    But will check to see if they would accept 800 settlement offer. Within the same week I get a wage garnishment from the sheriffs office. I make payment arrangements with them.
    About 2 weeks later my checking accounts were froze.
    How can they do this if arrangements and payments have been made.
    I called forster and garbus and the guy mr. black was really nasty with me and said that I am lucky they didn't take all my belongings. Then he started yelling at me about my bills and that the marshalls are going to come after me. Isn't this harassment?
    Also I never got the paper to show up to court. I went and picked up the paper just reciently and it shows my new address. I never saw them nor the paper.
    How can they get away with this.
    I went to the courts to get a motion to vacate the judgement. They told me they could not get me the paper I had to get a lawyer.
    How can this be?
    Is anyone else having this problem?
    sunfire77's Avatar
    sunfire77 Posts: 7, Reputation: -1
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    #2

    Feb 2, 2009, 10:25 PM
    Well I tried to get the motion to vacate the judgement with the courts and told them I never received the papers either and the courts are not giving me the paper work. This is really frusterating. Especially when my bank account is getting hire in amount owed.
    Any advise?
    sunfire77's Avatar
    sunfire77 Posts: 7, Reputation: -1
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    #3

    Feb 2, 2009, 10:51 PM
    How do I do a motion to vacate a judgement
    I went to the county court were the paperwork was indexed. They told me I can't get that paper to vacate that it has to be through a lawyer?
    Can some one help me?
    sunfire77's Avatar
    sunfire77 Posts: 7, Reputation: -1
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    #4

    Feb 2, 2009, 10:59 PM
    Quote Originally Posted by KET23 View Post
    I am currently having problems with Forster & Garbus. I intend to contact the NYS Attorney General regarding Forster & Garbus practices. Please contact me if you have information on Forster & Garbus.
    I am doing that right now. I have wage garnishments. Paying.
    Then I have my bank accounts froze. I made payments but they still called and harassed me and said that they were taking everything I own and said that us marshalls was going to come in and take everything. So for your question yes there are a lot of us out there.
    Please contact the attorney general cause they are doing fraudulent things. If we get enough complaints maybe this place can go out of business and stop givening everyone so much stress. Its just not right.
    BIGBOPPER's Avatar
    BIGBOPPER Posts: 351, Reputation: 28
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    #5

    Feb 2, 2009, 11:45 PM

    Just Google the name "Forster and Garbus", like I did, and you'll see that you are not the only one. I especially liked http://www.lawcash.com/, and Ripoff Report: By Consumers, For Consumers. This group seems like the lowest of low. I wonder if the N.Y. State Attorney General's heard about them?
    raynarambo's Avatar
    raynarambo Posts: 22, Reputation: 2
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    #6

    Feb 3, 2009, 02:19 AM
    Ok first things first. What state do you live in?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Feb 3, 2009, 06:30 AM
    Quote Originally Posted by sunfire77 View Post
    i am doing that right now. i have wage garnishments. paying.
    then i have my bank accounts froze. i made payments but they still called and harrassed me and said that they were taking everything i own and said that us marshalls was going to come in and take everything. so for your question yes there are alot of us out there.
    please contact the attorney general cause they are doing fraudulent things. if we get enough complaints maybe this place can go out of business and stop givening everyone so much stress. its just not right.


    Once there is a judgment against you, as upsetting as all of this may be, the Judgment creditor can take any and all legal steps to collect the Judgment monies. A wage garnishment does NOT preclude them also using other means, such as liening against a bank account.

    Should they call and harass you? No, it's not allowed by Law. So you tell them NOT to call you any more and hang up.

    I am not aware of any benefit to calling and harassing people when there is already a Judgment in place because the Judgment guarantees payment of the debt.

    There are thousands of complaints filed against Attorneys and collection agencies every year and a very, very small percentage are justified. The vast majority are firms operating inside the legal guidelines and simply trying to collect debts from people who for whatever reason (some good, some not good) are either unwilling or unable to pay.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Feb 3, 2009, 06:31 AM

    Small Claims Court or a Superior Court? And what State - as has been asked.

    I believe your other post says it's NY.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Feb 3, 2009, 07:41 AM

    First some housekeeping. When you start using a site like this, it pays to browse around a bit before you post to see how to use the site. Had you done so, you might have learned not to post the same issue in multiple places, and not to post your own question in someone else's thread. I merged most of your posts into this one thread so please post any follow-up here.

    Getting the judgement vacated for improper service is only a delaying tactic. Unless you think the debt is not yours, all it will do is postpone a proper judgement.

    As for them starting the garnishment and freezing your bank account, you didn't say an agreement was in place only that you were negotiating. Unless you have a written agreement, its not going to stop them.

    Frankly, you aren't talking about a lot of money here, I would just let it get paid off and be done with it.
    BIGBOPPER's Avatar
    BIGBOPPER Posts: 351, Reputation: 28
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    #10

    Feb 3, 2009, 02:21 PM
    Quote Originally Posted by JudyKayTee View Post
    Small Claims Court or a Superior Court? And what State - as has been asked.

    I believe your other post says it's NY.
    Actually that was me. The company has a bad online reputation of doing nasty things because they can. They are headquarted in NY. Now I am certain that several states attorney's led the fight to stop aggressive bill collectors. Maybe they need to look at legal bill collectors, like this one, and set some boundries

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