Debtconsolidationcare.com - the USA consumer forum

need help with Forster and Garbus

Date: Wed, 03/12/2008 - 11:22

Submitted by anonymous
on Wed, 03/12/2008 - 11:22

Posts: 202330 Credits: [Donate]

Total Replies: 84


Help Please. I had an account with Cap 1. In August received letter from Forster and Garbus with amount I owed ($1115) and I began making the payments. Have now paid them $1120 and they sent me letter stating that I now owe another $520. I called and asked for explanation they say it is for costs of filing with court. She claims that i was served with a summon on Oct. 15th (I never got anything). I asked her so when is the court date because I want to show up. She said when I respond to the summons I will get a court date. I said that's not true I have 20 days to respond etc. and I obviously couldn't have responded to a summons that I did not get. She claims that she mailed a copy of the summons and I said I didn't get it so I could not have responded. I asked for an accounting of exactly what the $520 is for and she said she could get that for me. She claims that she called my house and spoke to my friend (very interesting as the only number they have is for my cell phone and even if they had my house phone I don't ever have anyone else over and it is just me and my kids -- unless my dog answered the phone). She claims that she calls all the time and leaves messages which the number they have is for my cell and all calls are itemized and so I know she's lying. She claims all these things have been mailed and reads back my address but I never received any of them. Only the original letter and the one for $520. If they really did serve a summons wouldn't it have gone to court already?

My intention has always been to pay off all these bills that were left from divorce but I don't want to be taken in either. I live in New York.


Is there any other way I can settle this debt b/c i too have recieved notice from my bank stating that my account has been frozen. Forster & Garbus have been very slow with communicating back to me. Too them this is a game and I am becoming extemely frustrated b/c like many others have stated I have no access to my money and they are claiming the interest on this account is increasing each day. Yet I have made several attempts to pay off the balance. I am just reading the other post and becoming even more upset b/c all of these things have been happening to me. What do I need to do? Please help me!


lrhall41

Submitted by on Wed, 03/24/2010 - 23:43

( Posts: | Credits: )


My experience.

F&G attempted to pursue a debt, owed thru Captial One Auto Finance, which may or may not have been outstanding after reposession of a car I once owned, depending on whether appropriate value was given for the repossessed car. Fortunately, I received service, and duly reported to court, pro se. I am fortunate in that I do not have a bank account. I file an answer requesting discovery of requirements which must be followed with car repossesions which they cannot prove were followed. Two years later, they could in fact prove through discovery that I had a Capital One Auto Finance loan, which I knew. They could not prove what happened to the account after the collateral was surrendered, provide a statement of account from that point, or a whole raft of other requirements that they are obligated to follow. So, discovery could not be completed, and they have discontinued action, as the court denied their motion of trial.

So, it is possible to come out ahead. But, I never paid them anything.


lrhall41

Submitted by on Mon, 03/29/2010 - 15:11

( Posts: | Credits: )


You are absolutely correct. Foster and Garbus should be report to US Attorney's Office for violation the Fair Debt Collection Act. This specious claim of filing a summon and complaint is baseless. They attempted to do the same with me and I am an attorney. First, F&G will claim a fee for an index number of $210 in New York, however, if the claim is less than $5,000, the summons should be properly filed in small claim, and if less than $25,000 then in City/Town court, where the filing fee is a mere $45. Get the picture. This is fraud on their part and they should be exposed. When I checked E Courts no summons was in fact filed for my account. They also claim to have paid a process server but I can assure you that if you request the affidavit of service none will be produced or if so, I bet you the affidavit would be fabricated. Dont pay it.

Quote:

Originally Posted by Anonymous
Help Please. I had an account with Cap 1. In August received letter from Forster and Garbus with amount I owed ($1115) and I began making the payments. Have now paid them $1120 and they sent me letter stating that I now owe another $520. I called and asked for explanation they say it is for costs of filing with court. She claims that i was served with a summon on Oct. 15th (I never got anything). I asked her so when is the court date because I want to show up. She said when I respond to the summons I will get a court date. I said that's not true I have 20 days to respond etc. and I obviously couldn't have responded to a summons that I did not get. She claims that she mailed a copy of the summons and I said I didn't get it so I could not have responded. I asked for an accounting of exactly what the $520 is for and she said she could get that for me. She claims that she called my house and spoke to my friend (very interesting as the only number they have is for my cell phone and even if they had my house phone I don't ever have anyone else over and it is just me and my kids -- unless my dog answered the phone). She claims that she calls all the time and leaves messages which the number they have is for my cell and all calls are itemized and so I know she's lying. She claims all these things have been mailed and reads back my address but I never received any of them. Only the original letter and the one for $520. If they really did serve a summons wouldn't it have gone to court already?
My intention has always been to pay off all these bills that were left from divorce but I don't want to be taken in either. I live in New York.


lrhall41

Submitted by on Wed, 03/31/2010 - 12:00

( Posts: | Credits: )


I am in the same boat with Forster and Garbus. They have been sending me letters for 2 years with no proof, no information on who they are collecting $1885 on behalf of. I seriously thought it was a scam! . A year after all this started some unidentified man showed up at my apartment while I was in the hospital having a child and handed my sister a summons. Never asked if she was me or had her sign anything. I still thought it was a scam since it still looked very phony and shady. They started calling my place of employment which was humiliating! Then I ran a credit report last year and saw that I had a judgement on there. A few months later I was served with papers from the local court telling me I didn't appear and that my wages were being garnished. I can't even open a checking account or get a housing right now, had to move in with my parents b/c my credit is shot! I requested proof of debt over a year ago and got nothing. I called and they said they sent it in Dec which was still months after I asked for it. I demanded they send it again. I finally got a package in the mail last week. The debt they are asking for is now over $2600.00!! I agree that I owe the $1885 but was not about to hand over money without proof. Now that they have provided it I refuse to pay all these fees for court since I was never properly served in the first place. I am afraid if they agree to waive the fees they will still come after me for it later like they did with the other blogger. Does anyone know how I can get this judgement off of my credit report?


lrhall41

Submitted by on Wed, 04/28/2010 - 09:54

( Posts: | Credits: )


The same here I was never given a letter to go to court, and when I did not show up and got the full JUDGMENT against me. they lied about everything. they ruin my life and Now I have to pull my child out of a privet school and send here to the city school were i live and that is not good. they must be stop


lrhall41

Submitted by on Tue, 05/04/2010 - 06:56

( Posts: | Credits: )


I too got a 'summons' from Foster and Garbus. I could tell from he look of it it wasnt legit. I to have an outstanding account with Capitol One Bank. I am glad I check them out online before I called..Now I know how to deal with them on the phone. I am not going to be intimidated by some Law firm dept collection office.


lrhall41

Submitted by on Wed, 05/12/2010 - 08:19

( Posts: | Credits: )


F them
Ron Forster is a pompous arrogant ass who thinks he has the answer in Atlas legal who don't know their ass from their elbow

Couldn't serve a paper or manage the service if their life depended on it.

They will be next to go down and Forster will go right along with them.....


lrhall41

Submitted by on Tue, 06/01/2010 - 13:20

( Posts: | Credits: )


Hi!
I recently received a letter from foster and garbus regarding and acount with cfinanc..
they were collecting it for protfolio recovery agency... i send them debt validation letter and they came back with just my name address my last ssn, amount and the date the acount open.
i find that info unsatisfactory and am sending them a new letter to send me the copy or proof of contract and payment history..
Is this the right thing to do?
please advice


lrhall41

Submitted by on Tue, 09/14/2010 - 09:50

( Posts: | Credits: )


This is just ridiculous! how is one company able to ruin all of these lives.All of our situations are identical and yet this firm is still in business. I, like a fool, was sending them payments for past due debt and they still froze my account, never rec'd a summons or anything...What gives?


lrhall41

Submitted by on Sun, 09/19/2010 - 10:04

( Posts: | Credits: )


@soaplady, I am going to call the Civil Court in Manhattan first thing Monday morning and let them know I never received a summons. I've also lodged a complaint with the FTC and will be writing a ltr to the NYS Attorney General as well. I am afraid that I may also need a lawyer something which I really cannot afford. Can you believe I've been sending them money and they still froze my account? It's also unbelievable how many complaints F&G have against them yet they are still in business. I ENCOURAGE EVERYONE ON HERE TO COMPLAIN AND WRITE TO WHOEVER TO STOP THESE LEECHES!


lrhall41

Submitted by on Sun, 09/19/2010 - 16:13

( Posts: | Credits: )


I did get served with a summons, and when i called them i was tld if i made an initial payment of $500 it wouldn't go to court. I made the payment and have been paying every month $100 for a little over a year. Then i call to find out what my balance is, and i find out it's only $500 less than the original amount. Then the girl tells that the original debt was more because of the judgement and lawyers fee. Why is there a judgment when i was told it wouldn't go to court? I am going to call them and tell them i am getting an attorney to review this. I know what i was told i am not stupid, but it was the first and only summons i have ever recieved. I feel so violated. These people are scum!


lrhall41

Submitted by on Mon, 11/01/2010 - 21:13

( Posts: | Credits: )


I've finally finished my wage garnishment of $2011, which i got summoned for.. now it's been 4 weeks and they still haven't send a release ltter to my employer to cease garnishment..so far $400 over paid so angry..When i call the phone just rings out and u leave un-returned messages..not good business practices..help


lrhall41

Submitted by on Thu, 12/09/2010 - 06:15

( Posts: | Credits: )


I tried using the James Murtha and he never responded. He takes all your information then never gets back to you. My feeling is he is with Foster and Garbus but tries to pass his firm off as a helping tool.


lrhall41

Submitted by on Wed, 01/05/2011 - 13:13

( Posts: | Credits: )


I got a summons in the delivered to my house, called them the next day and set up a payment plan. I mailed my first payment with paycheck stubs and they are now trying to send me to judgement due to not getting my pay stubs. I faxed my pay stubs again and she told me she would mail me a payment agreement form. How do i find out if they really sent a judgement into the courts. Should I call and talk to a supervisior?


lrhall41

Submitted by on Wed, 01/05/2011 - 17:57

( Posts: | Credits: )


I got a summons and called to set a payment plan, mailed in a payment 2 days later with my pay stubs like she asked for, i watched and saw that they cashed to check and thought they got my pay stubs. I just got a paper in the mail saying that a judement was being sent to court because i did not send all the information into them. I called the person i had been working with and she said she sees the payment but never got the pay stubs and I could do nothing about the judgement now. I have made three payments to them and she never thought of calling me after talking to her many times on the phone and saying i see you have sent everything else to me but no pay stubs. Now I am wondering if they really sent anything to the courts after reading this information. What should I do now from what everyone has experienced. Please help


lrhall41

Submitted by on Wed, 01/05/2011 - 18:20

( Posts: | Credits: )


People I know It seems better to send them checks and payments but if you do that please send every thing delivery signature confirmation.. They are scams.. I finally got them to send the release letter from my garnishment to my employer. After 2 months of no returned voice-mails. I called on a friday and finally got MY case worker, this is after asking to speak to someone else since this lady is never in.. I guess she doesn't go to court on fridays..anyways she was very nice to me and said she would call me back after speaking with her supervisor. I told them that according to my paystubs i have over paid my garnishment by $1000 dollars and i need them to stop. she said it looks like i owe $50 still..I told her id pay it over the phone to get the garnishments stopped. She said no cause i'm already being garnished..about 8 days later i got a check in the mail from the county marshall with SOME of the money i over paid. It does take a while for them to get the money from your employer then the marshalls so it may take a while to get the rest sent back to my employer then mailed back to me. It's cool i'm just glad this garnishment is over and i learned my lesson. BUT she did keep to her word and spoke to her supervisor about it..


lrhall41

Submitted by on Sat, 01/15/2011 - 20:20

( Posts: | Credits: )


With all these fleabag collection lawyers do the following:

Send them a letter by Certified Mail/Return Receipt. Tell them:

Pursuant to 15 USC 1692 et seq (Fair Debt Collection Practices Act) you are hereby notified to cease all further contacts with me concerning any and all claimed debts owed to any parties. This includes your claim of a debt owed to (PUT IN THE NAME AND ACCOUNT NUMBER THEY ARE BEATING YOU UP ON). You are specifically barred from calling me at any of my telephone numbers, including (put in all your telephone numbers). And you are prohibited from contacting me at my residence, at work, or at any other location.

If you fail to observe this notice, I will file a federal lawsuit against you pursuant to the Fair Debt Collection Practices Act, and file a formal complaint against you with the Federal Trade Commission.

This is your final notice. This is your final notice.

Sgined

----------------------------

SEND THE LETTER OUT BY CERTIFIED MAIL/RETURN RECEPIPT.

These fleabag collection lawyers know that if they get that kind of notice under the Fair Debt Collection Practices Act, 15 USC 1692 et seq, THEY MUST STOP CONTACTING YOU UNDER FEDERAL LAW!!!

They can still try to get money through a lawsuit, or asset seizure (if they can find any assets), but they can't contact you anymore.

That letter wil always take care of the fleabag collection companies and collection lawyers. The bastards know the law and know they have to stop contacting you after getting that notice.

Anonymous Strategic Defender


lrhall41

Submitted by on Thu, 02/17/2011 - 13:15

( Posts: | Credits: )


You're the Moderator.

Read No. 79 as a response to Forster and Garbus--or any fleabag collection lawyer.


lrhall41

Submitted by on Thu, 02/17/2011 - 13:24

( Posts: | Credits: )


whatever their claim, never ever make a payment to those so called collection agencies,most of them are criminals anyway, call a lawyer and have him send a letter disputing the debt and let them prove in writing with supporting documentation that this is your debt, chances are they can't, especially if the debt is an old one, and if they did not get a judgement within a few years, they have a snowballs chance in hell to recover enything


lrhall41

Submitted by on Sun, 03/13/2011 - 12:11

( Posts: | Credits: )


I'm not sure what to do now. In 2006 a judgement was entered against me (never received a summons) by Citibank for a $35,000 outstanding balance. My salary was garnished and weekly payments were made for years. I got the balance down to $25,300. only to find that Citibank charged off the debt and wrote it off. At that point, I stopped paying. In 2009 it was re-reported as a charge-off AND outstanding balance of $25, 300. I started to look up the number for Forster and Garbus so that I could resume payments OR come to some kind of settlement. THEN this came up on the search engine results. Now what can I do to get this debt paid without putting myself in a position to be scammed by these people again???


lrhall41

Submitted by on Fri, 03/25/2011 - 06:27

( Posts: | Credits: )


Abraham Kleinman Esq has sued Forster and Garbus many times on behalf of people ripped off such as yourself. His number is 516-522-2621. Good luck!


lrhall41

Submitted by on Wed, 03/30/2011 - 19:46

( Posts: | Credits: )


These people are something else! I made payment arrangements to pay off a debt that was originally for Credit One and purchased by Main Street Acquisition. I made the "good faith payment' and set the rest up right with my bank. Unfortunately, the bank closed my bill-pay the day after I set up the payment and never told me. The payment was due May 15th, but I wasn't aware that my bank didn't send it. So June 22nd rolls around and I get a letter dated June 13th, stating that a judgement was sent to court and that I needed to contact the office immediately if I want to make arrangements to avoid the execution of the judgement. Obviously no one answered when I called, so I left a message that Monday, and I got a call back on Tuesday the 26th. When I asked the lady if I could pay the payment that was not sent, she said it didn't matter because the judgement was sent back on the 7th and there was nothing she could do except enter into a verbal agreement for payment. She said that I was sent out a letter on the 23rd of May when the payment was defaulted, but I never received it (surprise, surprise). She said she tried to call me on 3 different times, but didn't get an answer. I don't remember getting any voicemail messages. When I asked her why I was never notified about the court date for the judgement, she said I was given 10 days to respond to the letter sent in May (that I never got!!) Now I have a judgement on my credit report and there is nothing I can do about it. Even if I pay it all today, it's only going to show as being satisfied. This is rediculous!:mad:


lrhall41

Submitted by on Tue, 06/26/2012 - 08:33

( Posts: | Credits: )