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Newbie in NY...received letter from Law Firm


Onmywayinny
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Hello everyone,

Please be gentle, this is new to me, but let me thank-you all for sharing your experiences, as I have learned a lot from simply "lurking" here these last couple of weeks. Anyway, here's my scenario, any help would be appreciated:

My ex-girlfriend, along with on of my siblings decided sveral years back to open several credit cards in my name. While the legalities of what they did have been addressed, being the "nice" person I am agreed no to press criminal charges against either of them as long as they paid the bill. Initially they paid the bills, but in June 2009, they stopped, and as such they went to collections and eventually charged off!! Irony has it ex-girlfriend just ups and leaves, (she was from a different country) and unfrotunately sibling passed away in December 2009.

After 2 almost 2 years of DV'ing etc with numerous collection agencies, yesterday I get a letter from an attorney. History is: OC is Chase, Org Amt is $3500, now $4100.00. I also received with the letter a Privacy Notice from Metro Portfolio's Inc, which ironically has the same address as the Law offices who sent the letter...letter states

Dear: (me)

Please be advised that the above referenced creditor has referred this account to our law office for collection. Please contact us to discuss the repayment options available to you.

At this time no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact this office, our client may consider additional remedies to recover the balance due.

Validation Notice

unless you dispute the validiity of this debt or any portion there of.....

THIS COMM IS FROM A DEBT COLLECTOR AND IS AN ATTEMOT TO COLLECT A DEBT. ANY INFO WILL BE USED FOR THAT PURPOSE

p.s. all pymts should be forwarded directly to this office and made payable to METRO PORTFOLIO INC.

I know there probaly isn't much hope her but thought I'd throw it out there. I am aware that NY (as told by NYS Supreme Court) now states that the SOL may be considered in the Original creditors home state of Del. Which is 3 years.... so we're still about 10 months away... so I am hoping I can at least buy some time...

thanks gang....

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First of all you need to send a debt validation letter to the Law Firm.

And do not panic. I doubt the CA has enough to succesfully sue you in court. I have CA send me to a Law Firm and they tried suing me in Small Claims Court and they were not succesful.

Its funny that the Law Firm and CA have the same address, what is the name of the Law Firm?

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hey adam09

First of all you need to send a debt validation letter to the Law Firm.

Will Do. Will send it out Monday morning CMRRR of course!!:wink:

And do not panic. I doubt the CA has enough to succesfully sue you in court. I have CA send me to a Law Firm and they tried suing me in Small Claims Court and they were not succesful.

That's awesome. It's just a really scary thing for me right now.

Its funny that the Law Firm and CA have the same address, what is the name of the Law Firm?

Law offices of Cohen & Slamowitz LLP. And the only reason I know that this Metro Portfolio Services is them is because I went to the NYC Dept of Comsumer Affairs and put in this company's name to see if they are licensed (which they are) and their address is the same as the law firms 199 Crossway's Park Dr Woodbury, NY 11797- so I am ascertaining their 1 in the same.

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Even though you didn't press charges, was a police report filed?
Much to my chagrin - No!! I know was a stupid move on my part, and I've beat myself up over this many nites when it first happened, and I let my heart get in the way of clrearly thinking!

Unfortunately, now I'm stuck with the clean up, and to make matters worse, I settled (and paid off) 2 of the six things already. Crap One/ Rubin Rothman, and another Chase/Equable Asscent/Mulooly Jeffrey/Rooney/Flynn. Fortunately, they were smaller amounts to where I "settled" out of court, but now, I have to pay the IRS back in taxes b/c I used 401K savings to pay this.

Not to mention dealineg with the credit report, cuz the JDB's that bought these debts (so far this particular one has not been reported) so just double the the negatives b/c of others like Jefferson Capital, Midland, Cavalry etc, which I am fighting tooth and nail with them (thanks to you fine folks on here ) I somewhat know what I'm doing. :wink:

Again, I thank everyone who is responding to me and making me feel like I'm not the only one in the world that's at a collection agancy.

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hey adam09

Law offices of Cohen & Slamowitz LLP. And the only reason I know that this Metro Portfolio Services is them is because I went to the NYC Dept of Comsumer Affairs and put in this company's name to see if they are licensed (which they are) and their address is the same as the law firms 199 Crossway's Park Dr Woodbury, NY 11797- so I am ascertaining their 1 in the same.

Is this the first contact from either?

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Is this the first contact from either?

Yes indeed it is! Never heard of this Metro Portfolio before, and only know about the Cohen and Slamowitz from Bud Hibbs, and a few post about them on this site. I do see that they constantly "mis-step" in their actions, and have been countersued (and lost) numerous times by NY Atty Generalo Cuomo ( now Gov. Cuomo) as well as numerous law firms and consumer groups across the state... alas, I see they are one of the "big guys" in NY.

But again, in answer to your question, I have received nothing from either of these companies before.

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Yes indeed it is! Never heard of this Metro Portfolio before, and only know about the Cohen and Slamowitz from Bud Hibbs, and a few post about them on this site. I do see that they constantly "mis-step" in their actions, and have been countersued (and lost) numerous times by NY Atty Generalo Cuomo ( now Gov. Cuomo) as well as numerous law firms and consumer groups across the state... alas, I see they are one of the "big guys" in NY.

But again, in answer to your question, I have received nothing from either of these companies before.

Send a debt validation letter. I have received letters similar to this From Manbrackin and Edwin A. Abrahanson. Edwin Sued Manbrackin did not.

My point is that there is no guaruntee they will sue, but know that if they do they can be defeated and there are many knowledgable people here who can help you do so.

Right now all you really can do is send a DV letter.

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Send a debt validation letter. I have received letters similar to this From Manbrackin and Edwin A. Abrahanson. Edwin Sued Manbrackin did not.

My point is that there is no guaruntee they will sue, but know that if they do they can be defeated and there are many knowledgable people here who can help you do so.

Right now all you really can do is send a DV letter.

will do! thanks again for replying and listening. I will be sending of the DV letter on Monday. :)++

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What is keeping you from filing a police report now?

If what you say is the truth you should still be able to file a police report for identity theft referencing the ex girlfriend and the deceased sibling. Use your credit report and letter from the attorney and be honest with the police. You should still be within your rights to press charges or attempt to press charges.

I would not volunteer that you entered into a pay agreement with them to avoid pressing charges unless directly asked. I would present the action to the police as the catalyst for you contacting them to get an investigation started.

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What is keeping you from filing a police report now?

If what you say is the truth you should still be able to file a police report for identity theft referencing the ex girlfriend and the deceased sibling. Use your credit report and letter from the attorney and be honest with the police. You should still be within your rights to press charges or attempt to press charges.

I would not volunteer that you entered into a pay agreement with them to avoid pressing charges unless directly asked. I would present the action to the police as the catalyst for you contacting them to get an investigation started.

The fact that you convinced the people who stole your identity to pay the debt does not make you responsible for it, nor does it indicate that you even agreed to be responsible for it.

File the police report,notify the collectors that you are the victim of identity theft and stick to your guns.

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What is keeping you from filing a police report now?

If what you say is the truth you should still be able to file a police report for identity theft referencing the ex girlfriend and the deceased sibling. Use your credit report and letter from the attorney and be honest with the police. You should still be within your rights to press charges or attempt to press charges.

I would not volunteer that you entered into a pay agreement with them to avoid pressing charges unless directly asked. I would present the action to the police as the catalyst for you contacting them to get an investigation started.

Point well taken, and thank-you. I wasn't sure if it would be too late at this point to file charges, 2 almost 3 years later, where 1 party is who know's where or if she is even still alive, and the other has been deceased for almost 2 years now....but I will start to check in on that tomorrow...and thank you again everyone for your advice. I also had an attorney in the meantime write my DV letter to the folks at Cohen/Slamowitz, and it will be sent out first thing tomorrow CMRRR. :D

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The fact that you convinced the people who stole your identity to pay the debt does not make you responsible for it, nor does it indicate that you even agreed to be responsible for it.

File the police report,notify the collectors that you are the victim of identity theft and stick to your guns.

Will Do!!! Thanks for the info! :wink:

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It was observed in Commonwealth v. Allied Bond & Collection Agency, 394 Mass. 608 (Mass. 1985) that a collection agency must not share quarters or office space with an attorney actively engaged in the practice of law, constable, private detective, regular or special police officer or any other law enforcement officer.

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The fact that you agreed not to press criminal charges three years ago on the promise that they would pay the bill does not make you responsible or negligent in any way - quite the contrary. I would tell the collector that ANY payments they or their client ever got on this account was because of your agreement and threat of criminal action. The fact that one of their debtors left the country and the other left this life is their problem, not yours.

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It was observed in Commonwealth v. Allied Bond & Collection Agency, 394 Mass. 608 (Mass. 1985) that a collection agency must not share quarters or office space with an attorney actively engaged in the practice of law, constable, private detective, regular or special police officer or any other law enforcement officer.

really??? that's an interesting point!!! I wouldn't have even know that their one in the same had I not looked for their NYC Lic #'s and found that they are the same ...also Bud Hibbs told me too ;)

I'm wondering though if that would apply here in ny....HMMMMMMMMMM.... well we shall see... thanks for the tip my friend

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The fact that you agreed not to press criminal charges three years ago on the promise that they would pay the bill does not make you responsible or negligent in any way - quite the contrary. I would tell the collector that ANY payments they or their client ever got on this account was because of your agreement and threat of criminal action. The fact that one of their debtors left the country and the other left this life is their problem, not yours.

Thank You Flying.... that's exactly what the attorney I spoke with said. So we sent out the DV letter on the Attorneys letterhead, we shall see what comes if this.... we did find out that there is no "paper" application, since the (2) opened the cards online!!! Who know's...I just want to see how hard they are gonna try and fight this.

stay tuned gang...

Brandon

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Legal consultation from New Delhi Civil Corporate Litigation Law Firms Lawyers in New Delhi lawyers, attorneys, solicitors, Advocates & expert Civil, Criminal lawyers provides online legal help, legal opinion, legal solutions in New Delhi.

Next time I'm in New Delhi I will remember that, thank you for the advice.

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