Andrew Cuomo - Debt Warrior!

Andrew Cuomo, the heroic Attorney General of New York, strikes again! Imagine that, a public servant who is actually serving the public! I swear, they should send him over to the FTC to teach them how to pay attention and act upon the multitudinous complaints filed against illegal debt collection practices! I could just hug him! It's about time someone stand up and clean house!

37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt - Cuomo Seeks to Vacate Over 100,000 Faulty Judgments Statewide and Provide Restitution to Victims

Charges against them include Improper service in order to get Default Judgements against alleged debtors by filing fraudulent Affidavits in court alleging that proper service procedures were followed in direct defiance of the Due Process of Law .

The collectors are:
Advanced Litigation Services, LLC
Arnold A. Arpino & Associates
Cohen & Slamowitz, LLP
Cooper Erving & Savage, LLP
Cullen and Dykman LLP
Eltman Eltman and Cooper
Eric M. Berman, P.C.
Eric Ostrager
Fabiano and Associates
Fleck, Fleck & Fleck
Forster & Garbus
Gerald D. DeSantis
Goldman & Warshaw, P.C.
Greater Niagara Holdings, LLC
Hayt Hayt & Landau
Houslanger & Associates
Jaffe & Asher
Jason L. Cafarella
Jo nes Jo nes Larkin O’Connell [spaces added due to censorship]
Kirschenbaum & Phillips, P.C.
Leschack & Grodesnky
Mann Bracken, LLC
McNamee, Lochner Titus & Williams
Mullen & Iannarone
Panteris & Panteris, LLP
Pressler & Pressler
Relin, Goldstein & Crane
Robert P. Rothman, P.C
Rodney A. Giove
Sharinn and Lipshie
Smith Carroad Levy & Finkel
Solomon and Solomon, P.C.
Stephen Einstein & Associates, P.C.
Thomas Law Office
Winston & Winston, P.C.
Woods Oviatt Gilman
Zwicker and Associates

arent summons in ny served by process servers? so any mis-service would have been by the servers and not the law firms? correct me if in wrong. the affidavits that they file would have been supplied by the process servers who allegedly completed service. im just trying to get an idea how this works... thanks!

Yes, that's how it is *supposed* to work. That's the main purpose of this suit (if you read the link) is that they didn't want the alleged debtor to show up in court so they made it *look* like they were properly served. Also, the process server company they used is the main one in the case, but the collectors were added on for complicity due to the large number of complaints filed with the AGs against them.

Basically, the process server proves to the court that the summons was properly served by filing an affidavit to that effect. And hence the problem, as they were lying through their teeth to the courts, as many people can attest. Improper Service is not only a valid reason to dismiss the case altogether, it is a common successful defense.

Whew! OK, it appears that the FTC is waking up!

FTC Cracks Down on Scammers Trying to Take Advantage of the Economic Downturn - Operation Short Change.

Testimony of FTC Chairman before Congress.


Cuomo is embarrassing them!

Procedures To Enhance the Accuracy and Integrity of Information Furnished to Consumer Reporting Agencies Under Section 312 of the Fair and Accurate Credit Transactions Act. Yes! It's about time! They are inviting public comment. Part III (page 4) details the specific questions and points they wish comment upon.


And don't forget Money Matters! If you feel you are getting ripped off, don't forget to file formal complaints with the proper authorities!

Be cautious! Do not give out your banking information to anyone who calls you! Make sure you *only* verify your address (and NO other info) when someone saying that they are a collector calls. Wait for the dunning letter in the mail. If you get a settlement offer, make sure they put it *in writing* before you pay a penny!

I hope that every one of us is able to whether the storm relatively unscathed and that our futures are much brighter!