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A Bronx Civil Court Judge's reeponses to bad service and blown validation questions


ABaldbrotha
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On my recent Auto Loan Deficiency case I had the opportunity to ask a judge in Bronx County Court a few question about bad service by process servers, lack 30 day notice from CA's and failed vailidations.

On Bad Service:

Q. "Why are collection lawyers, ca's and oc'd allowed to file false proofs of service in order to get judgements? it's obvious the people they claim they served are fake, why dosn't the court do something about this?"

A. "Don't bother yourself Mr. XXXXX with trivial matters. Yeah, they are all shady, I know."

Q. "Why can't I have a "trevers" hearing to bring in the process server and question him on his tactics and service?"

A. "Nobody in this court is going to waste time granting that hearing. You obviously were notified of the matter somehow. Once notifed, whether it's through the credit bureau or on paper, or garnishment, your here in court now."

Q. "The FDCPA indicates these collection agencies have to validate or get off my reports, yet they don't always do that in 30 days."

A. "Up to you to get a lawyer and sue. The court cannot monitor collection agencies. You see how booked out calendar is? Bring it to court and file a suit."

These responses came from a judge in Bronx County Civil Court on December 10, 2007. I want to put his name out there, but I don't want the court suing me.

________

Toyota Stout

Edited by ABaldbrotha
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I really don't see anything wrong with what the judge said. He basically told you the truth, at least as it pertains to general civil courts. Most general district courts want to get people in and out as quickly as possible. All those fake proofs of service and cases filed generate money for the court. Many people are simply not served or they're afraid to go to court, so the agency wins by default and the court gets paid.

Appearing in court implies that you received some form of notice of being served, which renders your point "moot" in the eyes of the court.

He's also right about it not being the court's job to monitor collection agencies. It isn't. That's more of a federal area.

The reality is that if you truly want some kind of justice, you have to take your case to a court of record, like a circuit court, state court or federal court.

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Wow!

I'm actually not surprised. It's the lousy system that we have to deal with. On one hand you're told that CRA's & CA's must abide by certain rules , (even with the laws in place),, if they're broken it's up to us to do the running around and attempt to fix it.

I visited that court house two months ago to request a certified copy of a satisfied judgment. I spoke to 4 employees and they were all so nasty for a service that I had to pay for.

:evil::evil:

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Funny, but the NYC Civil Court is also one of the few courts of record that have stood up for consumers. But it is a big court, and every judge gets his own opinion, unless you can counter with good case law to hold him.

Judges hate traverse hearings, especially in debt collection cases where they want to believe the bank anyway. I have had several vacation motions this year. Out of 5, only two judges set it down for a hearing on service. One, a Supreme Court judge, basically said he believed the process server because he "knew of him" . We're taking that on appeal.

Traverse hearings aren't automoatic, though. Yu have to come up with more than " I wasn't served."

Bottom line, what the judge was trying to say was" You 're here, they're here, go work it out and tell me so I can clear this off my calendar." Not surprising.

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NYLady, I agree with you.

They are nasty. Those folks in there are civil service, been there for years, get a nice salary, rarely work past 4:45pm, and have a good job. Yet they act like total doo doo bags. The non-civil service ones either got the job from thier friend or relative who lives in the suburbs, or they were put in there through a WLEFARE TO WORK program. So they act like they never had a job before, "brand new," if you know what I mean.

Forget about it. This is why I get names and I file complaints.

As for the judge and the legal stuff, well, they let these weed smoking fools run the streets. So, I am not surprised about debt collectors and illegal practices.

________

Uggs

Edited by ABaldbrotha
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LMAO LMAO

Ok. I thought it was just me. They're a bunch of douche bags.

I know that customer service jobs are hard and they probably deal with people who are nasty. That is no reason to act like idiots. I can't tell you how pissed I was.

I went down in the basement to get the certified copy of a judgment. The clerk was a total idiot.

He told me that an atty should have sent me notice of satisfaction and people are always coming to them for it. Then he went on to say that people dont read blah blah blah blah.

Yes I did receive it but I wanted a fresh crispy certified copy with the raised court seal to send off to the cra :evil:. not a copy of the certified copy from the lawyer.

Mind you there was a man behind me who appeared to be an atty. The clerk had no respect for him either. The only way you can get along with some of these people are to kiss their you know what or just bite your tongue.

Then the idiot clerk went on to say that he has to chk his computer and see if it was on file...blah blah blah...He said he had to go to another floor to check the files ....I guess he was upset because he had to make the trip to another floor. Then he told me that they usually only make one trip a day to this certain area and he already went for the day.

He came from behind the counter and said he would go upstairs for me, like he was doing me a favor. Douche Bag.

So you mean to tell me that if someone travels from point A to the court house(point B) and you(clerk) already went to the dungeon to pick up records that i'm SOL. How the hell am I supposed to know your pick up schedule until I get there you jerk. I'm not working on your time. You are there to serve the public.

FUrthermore there was no need for him to talk to me the way he did or make any comments because I was paying for the service.

So he came back from wherever the hell he went and told me he would make me copies so that I would not be charged at the next window for them.(Oh how sweet)

I was told to go to the next window and they would certify the copy and put the court seal on it.

I paid and left the last window. Then the jerk follows me as Im leaving to say that I should send the info to all 3 cra's blah blah blah. No I don't have to send it to all 3 jerk. I only need it for one cra and another for myself.

THis was so funny because the way he was talking to me now you would think he was nice when I first went up to the window.

If it weren't for all the security in the building alot of those workers would be in deep sh';' each day. :twisted::twisted::twisted::twisted::twisted::twisted:

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Your right, they feel they can get away with treating you that way because they have a million Court Officers in there with guns that can arrest you. Any place else in the world, or this city for that matter, they wouldnt say a damn thing.

I try to stay out of there myself and given the answers I got from the judge, I will steer clear 24/7 unless I am sued.

________

White Girls Cams

Edited by ABaldbrotha
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LMAO LMAO

Ok. I thought it was just me. They're a bunch of douche bags.

I know that customer service jobs are hard and they probably deal with people who are nasty. That is no reason to act like idiots. I can't tell you how pissed I was.

I went down in the basement to get the certified copy of a judgment. The clerk was a total idiot.

He told me that an atty should have sent me notice of satisfaction and people are always coming to them for it. Then he went on to say that people dont read blah blah blah blah.

Yes I did receive it but I wanted a fresh crispy certified copy with the raised court seal to send off to the cra :evil:. not a copy of the certified copy from the lawyer.

Mind you there was a man behind me who appeared to be an atty. The clerk had no respect for him either. The only way you can get along with some of these people are to kiss their you know what or just bite your tongue.

Then the idiot clerk went on to say that he has to chk his computer and see if it was on file...blah blah blah...He said he had to go to another floor to check the files ....I guess he was upset because he had to make the trip to another floor. Then he told me that they usually only make one trip a day to this certain area and he already went for the day.

He came from behind the counter and said he would go upstairs for me, like he was doing me a favor. Douche Bag.

So you mean to tell me that if someone travels from point A to the court house(point B) and you(clerk) already went to the dungeon to pick up records that i'm SOL. How the hell am I supposed to know your pick up schedule until I get there you jerk. I'm not working on your time. You are there to serve the public.

FUrthermore there was no need for him to talk to me the way he did or make any comments because I was paying for the service.

So he came back from wherever the hell he went and told me he would make me copies so that I would not be charged at the next window for them.(Oh how sweet)

I was told to go to the next window and they would certify the copy and put the court seal on it.

I paid and left the last window. Then the jerk follows me as Im leaving to say that I should send the info to all 3 cra's blah blah blah. No I don't have to send it to all 3 jerk. I only need it for one cra and another for myself.

THis was so funny because the way he was talking to me now you would think he was nice when I first went up to the window.

If it weren't for all the security in the building alot of those workers would be in deep sh';' each day. :twisted::twisted::twisted::twisted::twisted::twisted:

Is it only reporting on one credit bureau? I think if it is reporting to more than one then you may have to send it to each bureau.

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I'm really appauled by this. I recently purchased a place in NYC so I'm a New Yorker for good. It seemed to me the judge's answers were biased. I know I'm going to have folks jump all over me, but I've been through one lawsuit here to know that SOME (NOT ALL) have their minds made up before you enter the courtroom.

I really feel for your situation! Half of my family are part of NYPD and I hate that a few bad apples spoil the bunch. I would say to pursue as far as you can. You deserve better than the quotes that you posted (if you are accurate). Best of luck to you!!

-E.

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Hi Chilton

Yes. It is only on EX. It was deleted months ago from TU and EQ.

EX sucks! According to the EX report the item will remain on file until 2010.

I'm only trying to have it removed because I've been turned down for a few cards and the public record was mentioned as reason for denial.

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