marshals notice

I was going to ask that question also, nascardevil. Gillanconstable, were you ever sued by Capital 1 and did you lose the case, for whatever reason?

I just can't believe some "marshal" can just show up at your door and start taking things out of your residence or demanding money from you without you having lost some sort of lawsuit from Capital 1.

It just seems all too strange to me. Give us some more information, gillanconstable, so we can better understand the situation.

i dont even know if this went to court but i wont put money on it the letter says civil court of the city of nyc
then it is written captiol 1 against me the they will do some lien on my stuff the the amount 1,800 then it say please make payment to ronald moses

i would still check it out.the civil court of nyc?which bourough?
i would think there would be a specific one listed.at least an address for the court.if so check on it.i still don't buy it.one thing nascar did state was they are corrupt.

Was there a case or docket number on the letter they showed you?

Docket#rf72520
the ounty is queensny index no 125543/07

I'd head down to the court and obtain a copy of the file. See how you were served. If service was improper, you may have grounds to have the judgement vacated.

http://www.serve-em.com/servicemap.html

does sound like improper service.check it out.keep us posted please.

thanks guys
you are good!!!!!
i have call up the civil court info and what they said if i recieve a notice of execution and i was not served i have to bring that to the court and they will give me some form to full out and that will reopen the case and i will have to send that to the marshal office and captiol 1 i am going thursday

Also, Gillan, you mentioned it was a 5 year old debt? Anyone know what the SOL is for CC debt in the state of New York?

That might be a defense also, depending on when/if the SOL occurred and when Capital 1 filed suit. I would think, however, you have to get the default judgment set aside first, due to being improperly served, and then go back and use SOL as your defense.

NY SOL is 6 years across the board

OK, so SOL isn't going to work if the debt is only 5 years old, then.

Still, you should check to see if you were properly served and get the judgment overturned if you were not.

I'm glad I live in Arizona. Arizona law clearly states that sheriffs "have no right of entry" into a person's home to enforce a civil writ of execution. They can't search the person or the contents of their pockets either for a civil matter.

Stop the do it yourself garbage that got you in this position in the first place and call a lawyer.

really observer?if you don't like the do it yourself garbage then don't post.no one is interested.

Observer

Unfortunately, some people cannot afford attorneys. CA's bank on that fact, or the fact some people will not even show for the hearing because they cannot afford to take off work, getting them that all coveted "default judgment." Heck if they could afford attorneys, they probably would have just payed off the debt in the first place.

That's why this forum is here, to help those that need it.

Thanks for playing, though. There's a nice consolation prize waiting for you in the wings.

3 years ago I was seriously ill, unemployed, & used credit cardsto avoid eviction. This summer I couldn't pay on one now down to $ 871 balance. Marshal Moses tried to garnish my only part-time salary, then tried to get me fired! I have to repair a broken upper denture in order to work. I took money saved from Fall 08 salary & paid $ 500 in 2 checks. He just froze my bank account & bank charged me fee of $ 100 for its criminal action. No notice of this, by the way! Now I can't pay the last installment to him, checks are bouncing (= fees) all over.

He is seriously evil. I have reported him to NYC, NY Daily News, & will confront him directly Monday morning.