marshals notice

i would definitely question that because

a)it was hand written
b)it said pay this supposed marshall

i suspect this marshall got this info from your trash or he works for a CA assigned to collect.i wouldn't pay this marshall anything.what state are you in?5 yrs is close to the SOL for some states.

THANK YOU FOR THE INFO.
but can they come into my home and take my stuff and my car i live in Ny by the way they even have a marshal dock #

What state are you in? I would check the authenticity of that notice if I were you, verify it before you do ANYthing.

i wouldn't trust a hand written note.did this note have any contact info?if not call the police.someone could also be staking you out.maybe i'm just paranoid,but this doesn't pass my smell test.

I LIVE IN NEW YORK CITY
HOW CAN I? SHOULD I JUST TAKE A COPY TO A LAWER BUT THEN THAT WILL COST ME

how can you what?is there any contact info like a phone#?if not ,take that to a police precinct and show them this paper and see what they say.i bet they will say this is not a legit document.

Ha! we were on the same page i call the 1212-349-4303
and someone answered "marshal office" but i looked like its owned by 2 brothers mabe it just me but marshal is only spelt with 1 l

thanks i will do that today i live next to one and i work in a federal building i will go downstairs to another marshall's office and ask them good idea

i didn't notice the one L,nice catch.this just didn't pass my smell test that's all.check it out again i bet it is not legit.

NYC uses the City Marshall service to collect on judgements so it is very likely that this is legit. I'll see if I can pull an old thread I read about it and post.

I found this:

Here is their web site

http://www.nyc.gov/html/doi/html/marshals/marshal_main.html

Ok...from what I can see they collect on judgements, evictions, car towing etc...

Gillian...were you sued by Cap1 and either did not respond to the summons or lose in court?

the OP said this was hand written.can they do that?

that will be relllllllly great
what someone was saying that its likely that this went to court and i did not show up which i think its true because when i see a bill which was close for 5yrs i dont relly open it! but can they do that on credit cards and that old i wonder if i can call the captiol one or is it to late god this is so #@$% up

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.

gillan--

you said that this debt went into collections 5 years ago. sol in your state is 6 years, that means that the debt collector has 6 years from date of last payment to sue you. After that, the SOL is expired and they can no longer legally take you to court to collect. when was the last payment made on this debt?

Also, check your county court clerk's office ASAP, to find out if they sued you already. A lot of CA's sue people using an old address, or even knowingly using a wrong address, that way, they can sue you and get a default judgment because you never get served, so you dont show up at court because you dont even know about the lawsuit against you. This is illegal, but fairly common today. if you find that you were sued, you should immediately send a certified letter to the court where the lawsuit was filed, requesting that they vacate the judgment due to improper service. The law requires them to serve the summons on you so that you can take advantage of your right to due process. If there was no lawsuit, then something's fishy because the marshals only collect after a civil suit has taken place.

something else to consider--you said that the name on the paper you got was Ronald Moses. This name is on the list of current NYC marshals, so apparently the guy is legit. its time to check those court clerk's offices, to see when you were sued and what happened.

I just got a notice from ronald moses. OMG what is this crap? He can come into my apt? I think I smell lawsuit, but these thugs know what they're doing. what have you other victims of his scare tactics found out?

my husband was also served papers in the mail by moses for his personal property but i have informed them that he does not live here and have not been living here since 1997 i have also return his mails to sender. They still send all his paper work to my address and now i have recieved a Marshal notice today a notice of execution against his personal property. This is my property not his what should i do. I have divorce papers proving we have been divorce since 1997.should i call this moses?

Contact the marshalls office and get them copies of your diveorce decree. See where it goes from there.

What exactly is a marshall in the city of New York? Are they some kind of law enforcement official? If so, I thought that in the matter of debt, the creditor can not involve law enforcement with it being a civil matter.

Google New York City Marshalls office.

Hey Gillian, The same thing is happening to me right now, I open my mail box and tadaa!!! I'm going crazy!!! but this is from bally's Maybe you can help me out and tell me what you did. Thanks

Guys, this was a very interesting thread...what ever happened with the OP?

Hey guys!! I got a bill and i dealt with Marshal Moses. If u show them respect they sure show u respect. I got the matter resolved quickly and without any aggravation.

I just received a notice of execution today. I have been trying to settle this debt with the collection agency for literally a year, and they have been totally unreasonable, insisting on a minimum payment I can't make. I called the Marshal's office, they asked how much I can pay a month, I told them, and they said fine, send it in, no fuss no hassles. Summation: deal with the Marshal's. They're reasonable people.

it can be hand written, when you go to court, attorneys dont bring in laptops and print out forms, stipulations are written by hand, and the forms are written by hand, unless someone has a computerized system to bring back to the office, also, payments do go directly in the marshals name, as they are appointed by the city, but work under themselves kind of like private contractors for the city, ignore a hand written letter court stipulation by a city official or judge, see what happens

I was looking online to find help, two days ago I received the same letter!! Can you please tell me what happened or what I should do??