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Frivolous Lawsuit--what a doozy! (Long, but interesting Cohen/Slamowitz story.)


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I get a summons from Cohen and Slamowitz affixed to my door, accusing me of owing almost $2,000 to MRC Receivables. I never heard of either, and know the debt is not mine. I write to them, disputing this debt, and asking for verification. I get nothing but calls everyday from them harassing me to pay something I don't owe. Finally a rep tries to confirm my social security number, and guess what, it does not match mine--the problem is my name and the true debtor's name are the same except for the middle initial. I continue to write letters asking them to stop calling my house, which they ignore. Finally we're in court--on my answer I counterclaim for $500 for frivolous lawsuit. When the judge calls us up, he is angry, and asks the attorney to make sure whomever signed the complaint show up next week, as he wishes to personally oversee this. Today was the day Cohen was to show, except he didn't--he sent in an associate, which further angered the judge. The judge went on to order Cohen to personally appear before him in a pre-trial hearing to be held next week, and if he doesn't appear again, there will be a sanctions trial. He (the judge) said he takes frivolous lawsuits very seriously, and wont just withdraw this, (even though the lawyer admitted to the judge I am the wrong person.)

Anyone ever experience this? I hope to win my counterclaim, but should I try to get these idiot lawyers on any FDCAP violations? Any and all advice would be appreciated.

PS--for those who've read my prior posts about Discover/hubby--the judge game him 6 months to get whatever proof he needs to try and win his case.

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