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forster and garbus

Date: Wed, 02/11/2009 - 11:28

Submitted by anonymous
on Wed, 02/11/2009 - 11:28

Posts: 202330 Credits: [Donate]

Total Replies: 7


This is a really weird question. Two years ago I had an account with capital one that went to Forster and garbus. I had paid the amount and then they had tried to add an extra 300 some odd dollars. I had called them and asked what it was for and they said it was for court costs etc. I had explained that I had never been served with a summons and that if it had gone to court they most certainly would have taken it from my bank account. I then sent them a long letter asking for an explanation of the amount and stating that I had never been served etc. Today I received a letter that say:

In accordance with the parties' agreement, I enclose a stipulation of discontinuance in triplicate, please sign and return one copy to our office.
Section 8020(d) of the CPLR, the statute which governs civil procedure in NYS, now requires the defendant to file the stipulation of discontinuance and to pay $35 filing fee for actions commenced in the supreme court and county court. Therefore please keep one copy for your records. Forward the other copy, with the $35, to the court for filing.


But here is the thing -- the court has no record of this index number or a filing against me from them. Does any of this make any sense and what should I do?

thank you


the second part that they want me to sign states:

It is hereby stipulated and agreed, by and between the undersigned,the attornies for record for all parties to the above entitled action that the above entitled action be, and the same hereby is discontinued, without costs to either party as against the other. this stipulation my be filed without further notice with the clerk of the court.


But again -- the court has no knowledge of this action or case. There are three cases with this number in the state of new york none of which has my name on them and none of which are in Westchester county where i live. Should I sign this?


lrhall41

Submitted by on Wed, 02/11/2009 - 13:50

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I am a retired individual with very little social security to live on. I am aware that I owe sums of money to a credit card company, but my ability to pay is nill. They sent me a hardship letter to sign, which I signed and returned. A few months later I received a Stip of Discontinuance from Forster & Garbus. If I sign this stip they could come back and re-sue me, so what are my options?

Thanks for your help!


lrhall41

Submitted by on Fri, 08/28/2009 - 16:57

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They can come back and re-sue you even if you don't sign it. Does it say With or Without Prejudice? If it says With Prejudice, that means they cannot come back and sue you. If they just filed a Motion to Dismiss, then they could come back and sue you.

It doesn't sound to me like they are trying to get you to agree to a judgment. "Discontinuance" means they are dropping it, or not continuing with the lawsuit.
"http://law.onecle.com/new-york/civil-practice-law-and-rules/CVP0R3217_R3217.html"
(remove any added spaces)


lrhall41

Submitted by Chrys Henderson on Sat, 08/29/2009 - 02:38

( Posts: 2538 | Credits: )


not so fast, folks--something stinks about this.

Usually, a discontinuance is to drop the case. but the court has no record at all of a case? It is possible that they may be trying to get your signature on something so that they can forge it on fake papers elsewhere. I only say this because there are several debt collectors out there that have been caught falsifying paperwork before.

The key here is that the court has no such case on record. If there was a real case, believe me, they would have it on the docket. I would take the exact letter that they sent you and bring it to the court clerks office ASAP and ask them to check it out. Is the court identified in the letter? There should be something on there that identifies the court that this case was filed in, if it is a real document. All correspondence pertaining to a court case, once the case has been filed, should list the court on it. If not, then you may consider searching in other counties and maybe even other states, like places that you used to live if you have moved, to see if they filed a case against you there.


lrhall41

Submitted by skydivr7673 on Sat, 08/29/2009 - 20:53

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