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Frozen account - Need help!


jperez2134
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State - NY

Mel S. Harris and Associates froze my bank accounts and I never even recieved an official summons. I went to court today and was able to have the judge do an order to show cause. I reviewed the paperwork on file at the court and with no suprise there was a couple errors. I have seen complaints all over the internet about Mel S. Harris and Associates. I have filed a complaint on the BBB and would like to know if there is anything else I can do to help myself in this situation. I will list some info below.

Original amount owed: $1862.13

Suit Amount: $2571.98 with waived attorney fees

Total: $2725.45

Original summons Dated: 4/20/2007

Attorney summons Dated: 4/23/2007

Date served summons (allegedly): 5/21/2007

Delivered to: Ms. Elena??? (which said I lived there??)

Description: 14-20 year old female

The Civil court file that states when and who it was delivered to is dated 5/16/2007. Did they travel into the future to deliver it on 5/21/2007 and come back to the court 5 days previously to report it or am I missing something?

Wouldn't these dates make it almost impossible for me to make it into court even if they actually really did deliver it to me? I don't know how these things work so please4 bare with me.

Is there anything I can do it court to fight this? I would like to know if I need to hire an attorney. Any suggestions or information is appreciated. If there is any info that I posted which is not allowed could a moderator please edit my post or notify me of what I need to fix, thank you.

BTW - With all the complaints and similar situations I have read about is there a class action lawsuit against these people or anywhere I can file a complaint?

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Just like you, I never received a summons. It was sent to an old address. There was incorrect information on my summons along with a weird description like yours. The dates are probably incorrect(I'm not sure as I'm still learning like you).

When you go to your hearing, bring any documention you can that proves that you weren't at that address on that date and time (if that's the case). You may not get that far as M. Harris will probably try to settle with you ahead of time. Also, arrive to court early and pay attention to the court clerk. She appears to be in cahoots with the Attorneys. I heard her ask M. Harris if he noticed something wrong with his paperwork. Of course, I assumed she was referring to my paperwork. Minutes later, M. Harris pulled me aside to settle, which I refused .

An attorney will need around $750 min to go to court. I would wait before hiring an attorney.

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  • 2 weeks later...

My trial is in 2 wks. Otherwise I would have filed for discovery.

My suggestion to you: Have your answer and counterclaim(if you want) ready. After your judgement is vacated, you will need to file this at the clerks office, before they will enter your order to vacate. THEN you will fax the paperwork to your bank and get your account released.

Here are some resources which may help you (you may have already reviewed them)

http://www.courts.state.ny.us/courts/nyc/civil/answeringcase.shtml

http://www.courts.state.ny.us/courts/nyc/civil/forms/AnsweringInstructions.pdf

Guide for pro ses (pdf-may take a min to load)

http://www.courts.state.ny.us/publications/GuideforProSes.pdf

Good Luck

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  • 1 month later...

I'm dealing with Mr M. Harris also. I just got my account frozen today and did the paper work for order to show cause. If possible can you please show update on your situations. You experience will greatly help me! Thanks guys

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I'm dealing with Mr M. Harris also. I just got my account frozen today and did the paper work for order to show cause. If possible can you please show update on your situations. You experience will greatly help me! Thanks guys[/QUOT

..You can open a new account in your spouses name ,That's what did xdancex

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  • 2 weeks later...
I'm dealing with Mr M. Harris also. I just got my account frozen today and did the paper work for order to show cause. If possible can you please show update on your situations. You experience will greatly help me! Thanks guys

Hi Ruby,

The OP settled and you read my other post.

[quote name=Food Stamp;846741

..You can open a new account in your spouses name ' date='That's what did xdancex

This doesnt help the situation. The judgment needs to be vacated before it can be removed from your credit report. After our bank account is frozen, they will try garnishment.

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  • 2 months later...

my father just got his bank account frozen too heading to court on monday for a order to show cause the bank ready did a good job they froze the account but i think i have them his check is a SS check so he is judgement proof they froze the account because my mother has a check that comes in from her pension but i think they cant freeze that can they. going to show judge that they are judgment prrof they collect SS vheck but can the pension be judgment proof too?

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  • 5 months later...

Mel S. Harris And Associates, LLC and LR CREDIT are not license to collect debts in NY they are lawyers but they are also as they say in their dun letter

This is a debt collection firm. Mel S. Harris and Associates LLC has violated

§ 20-489 (1) (2) (3) (4) (5) (7) and § 20-490 of the New York City Administrative Code

Subchap. 30 - DEBT COLLECTION AGENCIES.

§ 20-489 Definitions. a. "Debt collection agency" shall mean a person

Engaged in business the principal purpose of which is to regularly

Collect or attempt to collect debts owed or due or asserted to be owed or due to another. The term does not include:

(1 any officer of employee of a creditor while, in the name of the creditor, collecting debts for such creditor;

(2)any officer or employee of a debt collection agency;

(3)any person while acting as a debt collection agency for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collection agency does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts;

(4)any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any

debt;

(5) Any attorney-at-law collecting a debt as an attorney on behalf of and in the name of a client;

(6)any person employed by a utility regulated under the provisions of the public service law, acting for such utility;

(7)any person collecting or attempting to collect any debt owed or

due or asserted to be owed or due another to the extent such activity

(i) is incidental to a bona fide fiduciary obligation or a bona fide

escrow agreement; (ii) concerns a debt which was originated by such

person;(iii) concerns a debt which was not in default at the time it

was obtained by such person as a secured party in a commercial credit

transaction involving the creditor;

(8) any officer or employee of the United States, any state thereof or

any political subdivision of any state to the extent that collecting or

attempting to collect any debt owed is in the performance of his or her

official duties;

(9) any non-profit organization which, at the request of consumers,

performs bona fide consumer credit counseling and assists customers in

the liquidation of their debts by receiving payments from such customers

and distributing such amounts to creditors.

b. The term "child support" means a sum to be paid by either or both

parents pursuant to court order or decree or pursuant to a valid

agreement between the parties for care, maintenance and education of a

child.

c. The term "consumer" means any natural person obligated or allegedly

obligated to pay any debt.

d. The term "debt" means any obligation or alleged obligation of a

consumer to pay money arising out of a transaction in which the money,

property, insurance, or services which are the subject of the

transaction are primarily for personal, family, or household purposes,

whether or not such obligation has been reduced to judgment, or any

obligation or alleged obligation arising out of a judgment or valid

agreement for the payment of child support.

§ 20-490 License required. It shall be unlawful for any person to act

as a debt collection agency without first having obtained a license in

accordance with the provisions of this subchapter, and without first

being in compliance with all other applicable law, rules and

regulations.

get the Dept of consumer afairs after them file a complaint with the state bar the lawyer are breaking the law by not being licensed to collect debts

write the press on this matter how can lawyers break the law and freeze accounts for debt collection if they are not license to collect on thoses debts yet along file suit and get judgements, we should all get togeter and file a class action on them.

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