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Found 8 results

  1. I was served a "Consumer Credit Transaction" on the 19th of August. In it, it indicates that I am "summoned and required to serve upon plaintiff's attorney an answer to this complaint in this action within twenty days after the service of this summons, exclusive of the day of service..." The attorney is out of Schachter Portnoy LLC in Valhalla NY and it says that the plaintiff is "Cavalry SPV I, LLC, AS ASSIGNEE OF SYNCHRONY BANK" Page 2, which contains the "VERIFIED COMPLAINT" states in part: "1. That at all times hereinafter mentioned, plaintiff, CAVALRY SPV I, LLC, is a limited liability company with a place of business in the State of New York. 2. Plaintiff, by purchase and assignment, acquired from SYNCHRONY BANK , original creditor all right, title, and interest in the defaulted account, account number ****************1452, of defendant(s), ((my name here)). AND FOR A FIRST CAUSE OF ACTION 3. Plaintiff, through assignment, is the lawful owner of a consumer credit agreement entered into by defendant(s). 4. Defendant(s) did breach the aforesaid consumer credit agreement and Plaintiff seeks the sum of $1,192.19. Payment has been demanded by Plaintiff but has not been made. AND FOR A SECOND CAUSE OF ACTION 5. Plaintiff seeks for Defendant(s) the sum of $1,192.19, upon an account stated between them, did promise to pay Plaintiff said sum upon demand. Payment has been demanded by Plaintiff and has not been made. WHEREFORE, Plaintiff demands judgment against defendant(s) for the sum of $1,192.19, with costs and disbursements of this action and interest thereon." The third, and final, page is a signed verification (notary signature, etc.) I consulted with an attorney who told me that while I was more than welcome to retain him, he would be more expensive than just attempting a settlement. I left a voicemail for Schachtner Portnoy advising them that I was unaware of the account, had not received documentation regarding any bills (mail or phone call) and that I would like someone to call me back. This was all on the 19th. I still (not surprisingly) have not heard back from Schachtner Portnoy. What I've been able to find leads me to believe that they have not provided me with all the necessary documentation. I mean, Synchrony manages more than 57 credit accounts (yikes) - who are they claiming I owe money to? I don't truthfully know what the deal is. Any advice on how to proceed would be wonderful. The attorney I consulted with indicates that they purchase these 'junk debts' for pennies on the dollar and a quick settlement should be easy, but no one is calling me back so that doesn't help me at all.
  2. Excuse me if this seems too basic, but I'm having trouble understanding when I need an affidavit of service, and how it should be done. I've read everything I can find on this forum, as well as plowing through what I could find in the NY CPLR, and I'm still stumped. Here's what I need to know. When do I need to file an affidavit of service? Does everything I send to the plaintiff require an affidavit of service? Also, from what I understand, even for an affidavit of service by mail, I am not allowed to drop the thing in the mail myself. So essentially, I need to find a notary and bring along with me someone who will then drop the whole thing in the mail. And I have to do this each time I file something?? I cannot tell you what a pain in the a$$ it is to find a notary, and find someone with time on their hands just to go along with me to the notary and drop an envelope in the mail. And frankly, I'm not crazy about telling random strangers or neighbors about my legal troubles. Is there any way around this?
  3. http://www.nycourts.gov/JUDGES/ConsumerCreditManual.pdf If you're involved in a consumer credit case in NY, click on the above link. It's got lots of updated info re: obligations of plaintiffs & defendant in cc cases in NY.
  4. I have a default money judgment against me from midland funding at civil court in NY, however I was never served because they used my old address. Now I've received a letter from my bank stating they are going to allow the plaintiff to garnish my bank account in 20 days. 1. What do I ask for in my order to show cause? 2. I was advised to file a stay enforcement. What is this? 3. When and how can I ask for proof from the plaintiff? Any advice will be appreciated.
  5. Hello all, first post here at creditinfocenter. So I am getting really serious about credit repair and I want to attack the worst item on my reports, my only collection account. Okay so I was in school under CH33 GI bill and dropped most of my classes late one semester because of personal issues. This resulted in an "over-payment of benefits" to my Community College. The VA alerted me of the new debt of $563 and told me to pay it. I asked for a payment plan of $20/month and they told me that they could not accept less than $50/month. I did my best paid the $50 twice(May/June 2011) and then stopped because I did not have the money. I PIF the debt the following January(2012) as soon as I had the money but the damage had been done I now have a collection on my report. During the same time period late 11/ early 12 I had several CC accounts go 30 days and one go 60 days, however those aren't effecting me as much as the collection. I live in NY, so the worst case is I wait till May of 16 and get it deleted then with the NY 5 year rule. (DOFD may/11) I have been advised at another forum to write a GW letter to the VA and hope for the best. Reading in the same forum I have found one out of a half dozen actually get the VA to do the GW. What is the most effective course of action here? Does anybody know what direction I should head?
  6. Hello everyone, I was referred here by a friend who said you guys are the best people to ask for advice regarding legal matter. I am helping a family member by translating on his behalf on a case with a junk debt buyer in NY (Portfolio Recovery associates) for the amount of $6000. During the first meeting, he didn’t have a translator and he requested me so the judge gave him 4 months for me to come back. During the second case, I questioned the junk debt buyers creditability in court by asking them to provide proof of account transfer from Chase, they had no answer so they delayed the case 4 more months, now it’s the third time next month, what should my actions be this time? Please reply, any advice would be helpful.
  7. Has anyone dealt with and had success with vacating a NY tax warrant? The story is as follows - I worked two jobs for a few years. This year, apparently the IRS modified one of my W2s from 2008 which then changed what my state return should have been. I received a bill from NY Tax and Finance sometime in the middle of last year (around June). I moved a few weeks later and kind of forgot about it. So, in around November I received another bill and went through my tax info to try to figure it out why (the bill said nothing about why I owed the money). A couple weeks later I checked my credit karma score (I do every morning) and was shocked to see it drop about 40 points because of the addition of a public record (tax warrant). So I immediately went online and paid the bill. I called and they explained why I had owed the bill. Now, mind you, this was a $298 bill from something that occurred this year in relation to a change made on my 2008 return. The guy that I talked to at the collections office of NY T&F told me that I could write a letter to the Tax and Finance Correspondence Office to "plead my case" to ask to have it vacated. He said in 30 - 60 days I would receive a letter of satisfaction but that I could send the letter to Correspondence now if I wanted. I wrote them a letter basically outlining how it was a very innocent mistake, for a small amount of money, from a change I did not understand that I paid immediately. Saying how I've been working on my credit, want to buy a house soon and this is going to really ruin my chances. Asking them out of the kindness of their hearts to help me, etc. I sent it a few weeks ago and haven't heard anything yet. I know things work slowly with state bureaucracies but I am really freaked out by this. Has anybody had any experience with this? Any idea what I should do? I really appreciate any assistance at all because I have been working so hard to clean up all of the negatives on my CR, have been very responsible the past few years and this is really just a huge setback for me. Side note, I have heard that it is almost as bad to have a paid lien as it is to have it sit unpaid (like a paid collection). Also, does having the warrant vacated actually remove it permanently from my record so that it doesn't show up on my credit?
  8. I am really confused about this topic. There was a tax warrant placed on me for less than $300 for something that I was unaware was happening. It was an innocent mistake. I paid it immediately and sent a letter to the NY tax correspondence department. I then followed up today (3 weeks after I sent the letter) and asked if there was somebody I could talk to in order to have the warrant vacated. First he told me they only did that if the warrant was placed in error or if I paid it before it was placed. I paid it about 3 days after and was unaware it was being placed it was for around $300. So anyways, I ask "so this $300 bill that I was unaware of is going to screw me for like seven years now?" The guy tells me that having a warrant vacated does not remove it from credit and that it is the same thing as a satisfied warrant. He said "from experience in the banking industry once it is satisfied it doesn't negatively affect your credit. So it won't screw your credit if it is paid." This really runs counter to everything that I have read. A) Does having a warrant vacated remove it from your credit history? Is having it vacated the same as satisfied as far as credit is concerned? C) Does having a paid/satisfied warrant not affect your credit? D) Is there anything I can do about this?