37 Law Firms & Collectors Sued By NY Attorney General
It’s truly amazing how many people learn of law suits against them by debt collectors when it’s too late. Their bank account has been frozen due to a default judgment against them! They were never properly notified. It’s called “improper service”. Furthermore, even if they do receive a summons and complaint, if they go to their courthouse to view a copy of the Affidavit of Service, it’s amazing what they find. The Affidavit will say it was delivered to a neighbor or co-tenant with a name the recipient never heard of. In other words, the Affidavit is false.
After a growing volume of complaints, New York’s Attorney General, Andrew Cuomo, has taken action. He’s suing 37 of the most notorious law firms. Some of them are large, factory-like operations, that have occupied the court systems with their debt-collection lawyers trained to obtain settlements from a scared public who they know has no knowledge of their rights to demand that rules of court and rules of evidence be adhered to.
This suit could result in vacating 100,000 judgments! Consider this excerpt from the AG’s announcement:
“Carolyn Coffey, an attorney with MFY Legal Services, a nonprofit provider of free legal services in New York, said: “Over and over again we see hundreds of the most vulnerable New Yorkers — the elderly, disabled, and working poor — blindsided by default judgments in lawsuits that they never even knew about until after the cases were over. Our justice system is built on the basic premise that everyone has a right to be heard in court before a judgment can be entered against them, and the debt collection law firms that engage in sewer service deny New Yorkers this fundamental right.”
So if you’ve been sued, first, go to your courthouse and ask for a copy of the Affidavit of Service. If there are inaccuracies, the rules of court allow you to move for dismissal for improper service within 60 days of receipt of the summons. Just ask someone for information on what steps to take.
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