Jump to content

sherman acquisitions


queenofcups
 Share

Recommended Posts

I reside in albany new york. In July of 2004 I found a summons like document stuck in the door of my business. It was for a credit card debt of approx. 4,800. I responded in August with a letter stating that I did not recall this account and asked Sherman Acquisition/Forster and Garbus to validate this debt. At that time I did not know really anthing about what my rights were. In Sept. i wrote another letter stating that they have failed to provide me with documentation, and to basiscally back off.

In march 2005 I again wrote them and instructed them to take any negative information off my credit report and still dispute their claim. In march they sent me 2 statements with the ending amounts. I wrote back stating that the bills looked unfamiliar and requested to see a signed agreement with the original creditor(providian). I didn't hear anything until the end of November when they send documents that looked like court papers, 1 was and order with several blanks in it specifically dates and signatures, the order is for granting summary judgment. the 2nd is Notice of Motion with with a return date of Dec. 22nd, and supporting paperwork that has many errors in it. Sherman Acquistions is not assigned to this I beleive they bought this, in addition, my credit report states that the providian charge off should come off 5/06. I didn't take this too seriously because i thought it might be another scare tactic. Any thoughts on what I should do. Should I respond again to them??

Link to comment
Share on other sites

Guest sifxpert

I would go to the court and find out if a judgment has been entered against you. If so, file a motion to set aside for improper service. Post the results and go from there. Foster and Garbus is a nasty law firm. They will go after your bank accounts. Be cautious. I'm currently fighting the same law firm on 4 accounts they sued with fraudulent documents and improper service. They are very difficult to deal with. If you would like to PM me with your info you can fax me the docs you have and I can review them for you.

Link to comment
Share on other sites

If so, file a motion to set aside for improper service

Unfortunately the OP lives in NY - its a 'nail and mail' state, so leaving the summons tacked to his door would be considered proper service. Heck, they could leave it in the gutter NEAR his door and it would likely be considered proper service !

I would agree though, call and find out if a judgment was ever rendered. I can tell you right off that your 'letter' in Answer to the Summons was NOT a proper Answer to a lawsuit.

Link to comment
Share on other sites

LadynRed,

First, Happy New Year! I need your opinion on something. A neighbor filed a BK7 in October of this year, then learned sometime after filing a lawsuit had been filed just before he filed for past due association fees. Apparently, the lawyer ignored the court notice which he claims to have sent and the condo association meanwhile was notified of his bk filing, yet failed to show up at the 341 meeting and continues to publicize his delinquency regardless, and further has referred to him as a deadbeat at association meetings. Do you suppose he should notify someone, and if so, who? Also, there is a trial in small claims court scheduled in the next week or so which apparently is still on. What would you do? IMO, he should just show up with a copy of the BK notice. The 341 has already passed and there were no problems. What's amusing here is that the condo is run by a very large property management firm who should know the law and is being represented by a law firm who represents OC's in bk.

Link to comment
Share on other sites

I found out that the judgement has been entered into the court system; the judge has not made the decision yet. I'm working on an adjournment to get my paperwork in order..

question: Since they filed suit on me in July 04 and since my letter was not the correct answer does that mean I was in default back in 04, and how long does sherman have from that point/perhaps they waited to long??

Link to comment
Share on other sites

ok, has the judgment ACTUALLY been recorded ? What 'decision' by the judge ? If Sherman sued you and the summons was served, its highly unlikely that Sherman would wait for anything. They'd file a motion for summary judgment as soon as they were allowed and with nothing but an informal letter as an Answer, the court would grant their motion and a judgment rendered.

If that IS the case, then you're beyond the time limit to appeal a judgment in NY.

Link to comment
Share on other sites

When I called today, the clerks office stated that the summary of judgment was waiting for the judges decision. I know that today in ny they were swearing in new judges and there were tons of parties etc... perhaps i got somewhat lucky... Also when I asked if I could come down and file a motion the clerk stated relunctantly stated yes......

Irregardless, just out of curiosity... when they made initial contact and served in july 2004 and didn't actually file suit until 12/05, did they go beyond a sol for filing a suit??? that may be a lawyer question....

thanks

Link to comment
Share on other sites

  • 2 weeks later...

Ok the update is:

i hired our family attorney. He was able to adjourn this until jan 17th. He feels confident that we will be able to vacate the judgment. Our defense is based on the statutes fdcpa. However, I suggested to him that we put a counter claim; he seemed apprehensive and stated he didn't know to much about that. I'm in too deep with him to hire another attorney, perhaps someone may advise me so i can advise him.....

Also, the sol runs out 7/2007, so that means sherman will still be able to attack again. However, on the 17th i will find out more. specifically, if they have their evidence and paperwork. Does sherman have to start all over with the process to file the judgement???

Link to comment
Share on other sites

  • 2 weeks later...

I would like everyone to know that the judge stated that Sherman did not provide enough evidence to support the judement. My attorney stated in his affidavit that Sherman is not registered to do busines in NYS. Judge gave them 20 days to respond. If they do not respond she will dismiss the whole case.

It appears sherman got caught playing dirty. They tried to sneak a default judgement in....

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.