Upton, Cohen & Slamowitz and Melville Acquisition

[matlock99]

Anyone had any experience with them? I've read some about the former on this board, but not much on the latter. I have two judgments on my CR, one from UCS and one from Melville. They were both in Manhattan Civil Court, the UCS one for $1,300 in '03 and the Melville one for $3,200 in '04.

I'm wondering about the best strategy about getting these off my reports. I've read that the best way is to negotiate payment with them in exchange for them not contesting my motion to vacate. Is that true?

Also, if anyone has done this in NY and is feeling generous with time, I am having an extremely hard time figuring out how to file a MOV myself, even with the benefits of the links that have been posted. Am I blind? Any advice? Thanks!

[franpat20]

Just go down to your civil court house request a copy of your file,

Pay attention to the affidavit of service; if they mail it, you didn't get it

If it's personal service, look at the discriptions. if its way off, it's not you

2. File an order to show cause. In your answer, for the "order to show cause" you weren't served and your defense, you don't owe it ( if you don't owe it)

Ask for a copy of a signed contract, if none exits in complaint

3. If the judge sign off on it, you will have to answer the complaint

If your court file shows no contract; demand it in your answer. If it's a JDB who is suing you; your defense should be lack of PRIVTY; you never enter in a contract with them, lack of standing (lack evidence of a bona fide assigment)

4. Then immediately throw Notice to admit, interrogatories and request for productions along with your answer; this gives you priority during discovery.

They will bitch about this.

*** If they try to pull a fast one; ie delay your discovery by throwing discovery of their own at you. Obect to their discovery and file a motion for a protective order against their discovery; you need them to answer your discovery first to adequately respond to theirs

If they don't respond to your discovery, file motion to compel

If they send you a bunch of objections for discovery keep it don't lose it but tell court you didn't get the discovery you ask for

If court grant you your motion to compel and they don't respond, move for Summary judgment to force discovery

**** I am not a lawyer**** Seek lawyer advise***

[matlock99]

Hello again! The question that will never die

I have been sitting on this issue for a while, but am compelled to clear it up again. I found a new site where I got information on both judgments. One was paid off via wage garnishments last year, although I never got any type of payoff notice or anything. The second hasn't been paid on at all, and I haven't heard a thing on. It turns out that Cohen & Slamowitz was the lawyer on both.

Even though the judgments were a year apart in '03 and '04, I now see a disposition date next to both cases - three days apart last April.

My questions:

- What does disposition date mean in a civil judgment?

- How do I ensure that the money that was paid on the first judgment due to wage garnishment is actually reflected in the court records? And not get the file re-aged, since it's due to fall off next year?

- I would like to clear up the second settlement, but I'm afraid I'll screw it up. I don't want the account to re-age, and I don't want to be powerless if they come to me wanting me to pay twice the original amount. Thoughts?

Thank you!

[Recovering Attorney]

Under teh NYS FCRA, you can ask that the paid off judgment be removed form your CR. Contact the Marshal or Sheriff, whichever took the money, to get evidence that it was paid off.

If it was, C&S should have filed a satisfaction. They rarely do, though. Demands that they do so or you will sue.

[matlock99]

Thanks so much!