Cohen and Slamowitz NEED HELP!

[Errin1]

I have sent them an order to show cause over a debt. They say they're suing me on behalf of MRC Receivables for a debt for Cross Country Bank. I dug into my old credit reports and did find an old debt from a 2002 credit report that says the credit card was opened in 1998?!? (I have no knowledge of opening the card I do remember calling Cross County to question the debt back in 2002 and they didn't/couldn't help me.) The card was  was charged off in 2000. Is this still a viable debt? It doesn't show on any of my recent credit reports and I honestly do not remember opening this card.

I got a letter in the mail today with a paper of affirmation in opposition to order to show cause. According to what they wrote they claim they delivered a notice to me but it was returned as undeliverable back in 2005!!! (bogus, Ive lived here since 1994) I am due in  court on Monday 7/18

[rckstrscott]

They cannot sue you for an uncollectable debt. What state do you live in? It is more than likely past the statute of limitations and they are just huffing and puffing. If you do have a court date on Monday you better show up though. If you don't they will enter a default judgement against you.

Worst case, if it is collectable, ask the judge for continuance so you can get legal representation, and then use the time between the dates to either pursue countersuit or settlement if the debt is collectable and yours.

-scott

[Errin1]

Thank you so much! I live in New York.Thanks for your reply. I am so angry right now. I was supposed to go to Maryland this weekend but had a last minute change of plans. Can you imagine if I left and came home Sunday to this letter?!  I sent them notice to show cause July 7th (I have the receipt) and they send me this notice on the Saturday before we're to appear in court?!? The postmark on the letter is the 15th of july and our court date is the 18th.

[MissMia75]

Check your PM's

[Anonymous]

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@Errin1 wrote:

I have sent them an order to show cause over a debt. They say they're suing me on behalf of MRC Receivables for a debt for Cross Country Bank. I dug into my old credit reports and did find an old debt from a 2002 credit report that says the credit card was opened in 1998?!? (I have no knowledge of opening the card I do remember calling Cross County to question the debt back in 2002 and they didn't/couldn't help me.) The card was  was charged off in 2000. Is this still a viable debt? It doesn't show on any of my recent credit reports and I honestly do not remember opening this card.

I got a letter in the mail today with a paper of affirmation in opposition to order to show cause. According to what they wrote they claim they delivered a notice to me but it was returned as undeliverable back in 2005!!! (bogus, Ive lived here since 1994) I am due in  court on Monday 7/18

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Any debt, with the exception of those discharged in bankruptcy, can be collected upon until the end of time.  Whether or not they can prevail if they sue you is a different matter.

I am not sure why you would send an Order to Show Cause or why they would even reply to such a motion unless they already have a judgment against you or a court case pending.  Something is missing from your story.

The normal process in NY is that the creditor has you served with a Summons & Complaint which gives you at least 20 days for a response.  At that point you would raise any defenses such as an expired statute of limitations which is, in NY, 6 years. 

I think you are leaving out a lot in your narrative.

[Errin1]

ok let me explain this mess a little better.

In June I received a letter from the sherriff informing me of an order to garnish my wages. The person on the letter/plaintiff was MRC, who I never heard of. I called the sherriff's office and they told me to come down to check if there was a judgement against me.

Lo and behold there was one (had to pay for the print out of course) I asked a few people for advice and they told me to send an order to vacate because I was never notified of any judgement and had no idea who MRC Receivables is. I filled out the paperwork at the Clerks office and found out that this judgement was on behalf of Cross Country Bank. 

I file and start doing my research and I am shocked to find out about the business practices of all 3 entities involved in this mess. There is no judgement noted on my credit and this judgement was issued back in 2005?!? I never received notice to appear in court. 

I went to court today and the judge asked me if I wanted to answer the  opposition to order to show cause. I told her I did (because I figured I should)  and she gave me a new date of 8/5. I am so confused. I went to the clerk's office and they gave me yet another form to fill out. I am at my wits end. How can these companies do these things to people??? 

[Errin1]

Thanks so much Mia, while I was doing my investigting I saw the same things too. I was horrified!  I don't know how they're allowed to do business,if that's what you want to call it.

[Andrew22]

Happened to me, too! Quite something isn't it? Did you get your court file? In it, you'll see the case against you. And, in New York, you can take advantage of the pro se attorney. What borough are you in? You can PM me and I'll tell you my experience.

[angelita1212]

I too am in the middle of a fight with Cohen & Slamowitz, however I hired an attorney to deal with them.

Andrew22, are you in NY? What is the pro se attorney?

[Andrew22]

Not sure about the rest of NY state, but in NYC the pro se attorneys offer free legal help. They are located in the court building. You can take a number, wait and get a consultation. They can help you with everything from filling out forms, to advising you how to proceed. They don't directly fight your case, but they will help you do it yourself.