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My wife had a judgement against her and Cohen & slam wanted to freeze her account. We went to court to obtain anorder to show cause that they served a summons. We went to court on april 17, 2009 and the plantiff lawyer spoke to us. The plantiff lawyer told the judge that she would like to vacate the order, so we never had the case heard. We asked the Cohen & Slamowitz lawyer could she validate the debt. she verbally told us that she didn't have anything. (No paperwork) She also said that she will attempt to have something by the next court date May 12.

We received an affirmation in opposition to order to show cause dated April 16,2009 and sent out on April 18 by the Plantiff. We receive this yesterday on the 23rd. The plantiff is asking the judge to allow the original order to go through. We would like to have our day in court and have the case restored to the Trial Calendar. I do not believe the Plantiff want this because they have to prove the debt.

I think that we are in a good spot but am not sure. Here are my questions:

1. Do we need to answer this opposition or wait to the May 12 court date?

2. Should I send the debt collector (Cohen & Slam) a validation of debt letter?

3.Do my wife and I have to produce anything in Court or is the burden of proof on them?

4. Finally I was thinking instead of doing battle in court with them; maybe we should just write an agreement to compromise debt for 25% of the amount owed on an alleged debt.

Also because we have no knowledge of this debt we do not even know when the SOL runs out. We do know that according to them the account was opened in 10/2000 and they list the last payment on 4/2003. Their was no payment though.

PLEASE ADVISE ASAP ANYONE

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4. Finally I was thinking instead of doing battle in court with them; maybe we should just write an agreement to compromise debt for 25% of the amount owed on an alleged debt.

Also because we have no knowledge of this debt we do not even know when the SOL runs out. We do know that according to them the account was opened in 10/2000 and they list the last payment on 4/2003. Their was no payment though.

I don't understand why you would make payment arrangements for an alleged debt of which you have no knowledge. If you don't know about the debt, why should you pay for it? From what you have said, your wife was sued and got a default judgement against her. Is that correct? There are steps you can take to get the default judgement vacated and there are also waivers to protect your assets from seizure.

I am still unclear about your situation because you said that she got a judgement against her and THEN they served you a summons. I don't know how garnishment laws work in NY or the process of bank levying, but I thought they had to sue you and win before they could freeze your assets.

You must check out the NY Rules of Civil Procedure and also this site may help with the basics of a collection lawsuit and how you might defend yourself in NY:

http://www.nedap.org/hotline/dcbasics.html

If they are claiming that the date of your last payment was in 4/2003 and it is for alleged credit card debt, then Statute of Limitations might be used. BUT if it is not your wife's account then you might use mistaken identity for an affirmative defense. This sounds fishy to me.

Lastly, look at the sticky in the forum entitled "If you're being sued read this".

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