CACV-Daniels and Norrelli, Summons, Suing & the NYS A.G.
Date: Sun, 04/08/2007 - 01:58
A little history...A had a Chase credit card with 2000 debt that charged off sometime in 2001-2002 when I was unable to pay becuase my work dried up after 9/11. Speed up to 2007 I am working freelance intermittently, but getting on my feet again. My debt was sold to CACV and being collected by Daniels and Novelli in New York where I live. I've googled about them and there is not alot of nice stuff to say. They don't negotiate payment arragements and so on...
Anyhow this past "Good Friday" I opened the door and this man handed me a letter and I looked at it, looked at him and he said just read page 2 and he left. It was letter saying SUMMONS on one side, and then State Supreme Court of NY with CVAC v. Me on the other, with a supposed alias which i never heard of. It also had a summons number penciled in and my address penciled in over another house number.
I called the A.G. 's office becuase I didnt know what it was and they said it was a court summons and had to appear so i didnt get a judgement against me, but I asked where and when do i appear and he said it should say that right on the front of the letter. I told there wasnt, just a filed stamp, a file copy stamp, and summons number, and I also told them it was dated last year, Novemeber 2006. The AG's office said they would be interested in seeing this. So i faxed it to them and they called me 2 minutes later. Asking me to call the Court Clerks office to look up summons number and my name as well. There is no record of me being summonsed to court or a judgement against me. The AG sent me a complaint form, but I dont know I am to complain about so I wrote to my senator, assembly person, the AG's main office and the governor's office as well as my U.S. Senator and Congressman. I wrote also becuase I can't find the state statues on what they can charge me as the letter says in interest and fees from 2003 and court fees.
I dont know where I stand to what to write back as this letter states in 20 days, is that 20 business days? It just dosesnt state it? Becuase I was couch surfing and was pretty much homeless in 2002-2003 I lost the original chase bill, so I dont know what the debt actualy is, and I dont think Daniels and Novelli will tell me, or what to write next? The AG's office said, " write to them that youve contacted the AG." But that doesnt really let me know anything or what to do next.
I'll be honsest. I dont make alot of money, own property and live intermittently check to check, but I want to get this debt settled and work something out, but I think I'm in legal water way over my head, and i dont know if there is legal aid lawyers for people like me.
Any suggestions on what to do next would be appreciated.
Yours, Scandinavian
Look for an attorney on naca.net. Sounds like a good number o
Look for an attorney on naca.net.
Sounds like a good number of FDCPA violations (I'm sure NYS debt collection laws were violated, as well) occurred by serving you that form. If I'm correct, you shouldn't have too much trouble finding an attorney to take them on.
Appears as though whoever served you the summons wasn't legitima
Appears as though whoever served you the summons wasn't legitimate, which is why it was suggested that you file a complaint. If this summons is dated 2006, it doesn't really matter if the 20 days is business days or calendar days, since it's already passed.
Take Morningstar's advice and look for an attorney in your area on naca.net Most will give a free consultation. Depending on fees and your ability to pay, try contacting the legal aid office in your area/state for help with this. Also, if you haven't already, get your free copies of your credit reports from annualcreditreport.com to see if CACV has listed anything with the credit bureaus about this acct. You may also be able to see what the last date of activity is showing as for the acct.
The "State Supreme Court" bit doesn't really make sense to me. Y
The "State Supreme Court" bit doesn't really make sense to me. You generally don't start out suing someone in the Supreme Court. Really, it sounds a little boggus, but I would follow Morningstar's advise and talk to an attorney.
BTW, they have to tell you what the debt is, the original credit
BTW, they have to tell you what the debt is, the original creditor and the amount.