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Foster and Garbus

Date: Thu, 10/14/2010 - 11:51

Submitted by jjlkuz
on Thu, 10/14/2010 - 11:51

Posts: 7 Credits: [Donate]

Total Replies: 12


I got a call from them regarding a merrick bank account, I had asked him to validate the debt seeing as though I had already paid another company partly for this debt and the amount he was asking for was crazy and now I got a summons taped to my door, what do I do


Quote:

Originally Posted by jjlkuz
I got a call from them regarding a merrick bank account, I had asked him to validate the debt seeing as though I had already paid another company partly for this debt and the amount he was asking for was crazy and now I got a summons taped to my door, what do I do


a couple of points and questions.first the points

1)you must request validation in writing,not verbally.
2)this is a JDB therefore they can techincally sue you.now my questions.

1)do you have proof that you paid this settlement?
2)what state are you in?

if you have proof you paid this in settlement,and there is verbage stating you owe nothing further then respond that way to the summons.you owe nothing further,and you have proof.if you didn't receive anything from the place you settled with then you can still request validation during discovery.above all else you must respond to the summons either way.


lrhall41

Submitted by paulmergel on Thu, 10/14/2010 - 12:03

( Posts: 15514 | Credits: )


I live in NYS

I have bank statements showing that the payments came out monthly 27.64 per month then like 7 months into it it stops, I had no contact information to call anyone then the call comes from Foster and Garbus, I asked him to validate since I had been already making payments to someone else and then the summons comes. I have left him several messages but I lost his extension # so now I have been calling and no one answers - how do I reply in writing? How do I not go to court?


lrhall41

Submitted by jjlkuz on Thu, 10/14/2010 - 12:09

( Posts: 7 | Credits: )


let me ask you this?did you check with your court clerk to see if the summons is legit.if so you must respond as they have filed a suit against you.if you have proof of payments then use that to you defense.if it goes to court the judge will see that and more than likely dismiss it,but you must respond.btw if this place is asking for a crazy amount they won't negotiate so respond to the summons and we can advise further from there.


lrhall41

Submitted by paulmergel on Thu, 10/14/2010 - 12:34

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well don't know,but you must respond.chances are this person is not taking your calls delibrately.answer the summons.one other question.who is the place you were paying?either way you must respond,or have a default judgement entered against you.i think if you go to court with what you have the judge will rule in your favor.just respond as soon as you can.that is important.


lrhall41

Submitted by paulmergel on Thu, 10/14/2010 - 13:49

( Posts: 15514 | Credits: )


I called Foster and Garbus and he gave me a pament plan and said that it will stop all further court procedings but do I still respond by mail? And I found a letter from the previous company and I can do another payment plan with them so now I am more confused than ever. If I enter the information on the cardworks servicing online it will accept my monthly payments of 27.00 per month


lrhall41

Submitted by on Fri, 10/15/2010 - 07:13

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OK I'll explain in full now that I can- I had been paying cardworks services for this account but for some rason in Jan. it stopped - I had no info to call them then in Sept. I get a call from Foster and Garbus, I ask for info because I was paying it and them nothing - fastforward to yesterday I got the sumons from Foster and Garbus, I called him again and he answered he said they would accept payments and halt all processes. Then I found a letter dated in April for cardwork services offering another plan so I went online this morning and low and behold it will accept my payment arrangement which is 27.00 a month and 600 less than Foster and Garbus so now I don't know what to do :( Do I repond to card work services? Do I still mail my answer to the court? Or pay Foster and Garbus?


lrhall41

Submitted by on Fri, 10/15/2010 - 07:25

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i would try to contact cardworks and explain the situation.maybe they can help you further as it looks like foster and garbus got your info somehow and sued when they had no legal right to.once you contact card work.then i would look into an attorney at www.naca.net it looks like foster and garbus need to be sued themselves,but first contact card work services to be sure.


lrhall41

Submitted by paulmergel on Fri, 10/15/2010 - 10:49

( Posts: 15514 | Credits: )