Being sued by Cohen & Slamowitz

[joe8316]

1. Who is suing you? TJT Financial services Attorneys Cohen & Slamowitz

2. For how much?$640.95 with interest from may 17 2002 togather with attorneys fees of $128.19

3. Who is the original creditor? Providian

4. How do you know you are being sued? summons found in mail box and a copy mailed to me from cohen & slamowitz with a Mellville Aqcistions services which states balance as of $1,090.43

5. How were you served? Were you served? summons found in mail box

6. What was your correspondence (if any) with the people suing you before you think you were being sued? in sept 0f 2004 sent a letter to vailadate this debt and a cease commuactions. till this day no vaildation

7. Where do you live? NYC

8. When is the last time you paid on this account? 3/14/01

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). court date 12/14/06

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) yes

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. yes

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? yes i answew with counter claim to the fdcpa for not vailadating and for not haveing the require statment in the dunning letter saying that i have 30 days to dipute this

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? a complaint

14. What is the SOL on the debt? To find out: 6 years NYS

If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible):

1. Who are you suing? tjt

2. How old is the debt? since 3/2001

3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report? no

4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion. yes

5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection? letter back in 9/2004

6. What state are you in? NY

7. What kind of debt is this? (credit car, auto loan, student loan) CC

8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated...

not license to collect in nyc, 15 usc 169e(11) 15 usc 1692e© 15usc 1692f (1) 15 usc 1692g

so what can i do to win this counter suit.

and what can i do to stop there suite agaist me

[admin]

So you already answered, right? Or have you sent this in?

First, not validating, unfortunately is not a good enough claim in some cases. Yes, is is a valid point, since they are now continuing to sue. But there are stronger things.

Things to focus in on:

No basis to sue. A party does not have a legal basis to sue if:

a) you do not owe the money or more precisely, you don't owe THEM the money. You can say there is a misjoiner of parties, a fancy legalese way to say that you don't have evidence of a relationship between themselves and the alleged original creditor.

How was the debt calculated? What is the payment history?

[joe8316]

that is a good point. i do not owe TJT any money as for providain i have a letter from providian dated march 11, 2005 and it states

our records show that providian national bank no longer owns this debt. we sold it to vision management on july 1, 2003 their phone number is 1-888-733-6858. you are hereby released from any debt on this account to providan national bank. now this account when from vision to a tcm funding to TJT which is all i believe to all be the same company TRAC America and Slamowitz and cohen are are togather. well lets see something i did sent them the vailation letter they still have not told me who the oc is how they came up with the amount they have not send me the statments they have not prove the sol now it looks like a melville Acquisition has this account to so tjt is sueing me for $640 and then melville is asking for $1000. now both letters did not have the mini mairdan and as i found out none of these dc has a nyc dept of consumers debt liceness to collect in nyc so how can i be sue if they have no licesse to do bussiness in nyc