logo

Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

Forster & Garbus LVNV

Date: Mon, 05/03/2010 - 12:43

Submitted by ARUSS
on Mon, 05/03/2010 - 12:43

Posts: 6 Credits: [Donate]

Total Replies: 6


If a disclosure request was sent 10/31/2009 to Forster & Garbus, they have not yet sent me a disclosure or any letters since...but I received appearance date in court instead. Is this legal? Also I do not owe this debt and out of concern checked the SOL and it's 1 day short, they claim my activity on some account was 9/8/03, the summons/complaint was issued 9/9/09 (NY is 6 yrs.) I never heard of this debt prior to the summons!! I checked my credit report the past 10 years of activity...and nothing except 5/2009 Forster & Garbus did inquiry..if this were a "TRUE" debt it would have appeared on my credit report. I feel this is a Phantom Debt.

LVNV is 3rd party collector & in the Summons/Complaint they indicate I agreed to pay (FALSE) and they purchased my debt sent me copy of said purchase (FALSE) = 2 misleading statements. They also have no license identification on any document. They also claim to have duly tried to collect prior to Summons/Complaint (FALSE) My court appearance is 5/6, I am looking forward to it, but I am pro se and feel they are gonna try to screw me!! Any suggestions or experiences that can be shared?


If you filed your request for discovery/request for disclosure properly then the other party must comply with it. If you do not owe this debt, then if you have not filed your answer and appearance, you should do so, denying any paragraphs you don't agree with, and stating that this is not your debt in your answer. The other party will then have to present evidence that the statements you are denying are true.
It is not unusual for people/companies/etc to file cases one day before the SOL expires.

I know you may not be able to afford a lawyer, but if you are afraid of being taken advantage of, a lawyer will be able to prevent that. If you want a resource for some free legal advice from a licensed lawyer, www.lawguru.com is a fantastic resource.


lrhall41

Submitted by OVLG Attorney on Mon, 05/03/2010 - 13:01

( Posts: 511 | Credits: )


I can confirm it was properly filed as per direction on summons. It is stated on the Notice of Trial as "Issued Joined". I was not aware of answer to appearance, I will process that right now & in regards to court is that something I can personally deliver to my court house tomorrow and send certified to Forster & Garbus overnight...or this something I would bring into court?


lrhall41

Submitted by ARUSS on Mon, 05/03/2010 - 13:21

( Posts: 6 | Credits: )


An answer and an appearance (2 separate forms) can be gotten from the courthouse and filled out there. Usually, both have to be filed within a certain number of days from the time you were served. If your time for response has expired, then wait for your court date and ask the judge for more time, then go down to the clerks office, get the forms you need and file them. You should keep a copy of the forms for yourself, file the originals, and mail a copy to the other party via certified mail.
I am not sure what "issued joined" means, it could mean a lot of things. Probably, and this is just a guess, if you didn't file your answer and appearance, then since you didn't properly respond to the summons/complaint then the other party didn't have to respond. While you're at your local court house, I strongly suggest you ask the clerk if there is a general pro se help desk there. Some do have free help for pro se litigants.


lrhall41

Submitted by OVLG Attorney on Mon, 05/03/2010 - 13:49

( Posts: 511 | Credits: )