Debtconsolidationcare.com - the USA consumer forum

Forums
  • Latest topic

Capital One, Forster & Garbus, and a tricky judgement situation

Date: Fri, 08/17/2012 - 13:15

Submitted by bepowerful
on Fri, 08/17/2012 - 13:15

Posts: 4 Credits: [Donate]

Total Replies: 3


I am trying to get rid of this judgement in NY, but the situation is very tricky. The judgement is for an outstanding Capital One debt ($801), and was executed by Forster and Garbus. F&G are notorious for “sewer service”, and falsifying documents. NY Attorney General Andrew Cuomo investigated them and found them guilty of tens of thousands of instances of falsifying documents, and lying about process serving.
Now I know for a fact that I was one of these cases. I was never served, and didn’t even know about the judgement until I looked at my credit reports. I was unemployed in 2008 so there was nothing for them to garnish. So even though they got the judgement they did nothing with it.
I am familiar with the process to vacate the judgement (I just successfully did it with a Midland Funding Judgement…also improper service). So here are the issues:
[FONT=Calibri]1) [/FONT]Since the judgement is so old I have to wait 3 months for NYC to get the case file from storage so I can examine it. I filed for the records 1 month ago, so I have to wait 2 more months for the records. Should I wait for the file or just enter the motion to vacate???
[FONT=Calibri]2) [/FONT]Once I get this case vacated how does that affect the SOL. My DOLA was June 2007. Do I go by the Virginia SOL? NY SOL?

Please help and thank you again.


This is a Capitol One account....Forster and Garbus would have filed on behalf of Cap One. Cap One can prove the debt so their would be no falsification of paperwork. As for the service, Forster and Garbus have to hire an outside third party to serve you.

SOL in NY state is 6 years...so even if the service is bad and they set aside the judgment, Cap One will turn around and re-serve you ASAP, probably right there in the court house.


lrhall41

Submitted by SOAPLADY on Fri, 08/17/2012 - 22:06

( Posts: 17315 | Credits: )


Quoted for truth... that has actually happened many times before with capital one customers. If I were you I'd actually let it go and not do anything about it... no one is taking the money from you so forget about it. If, however, you did not actually have a capital one account, then try to have it vacated.


lrhall41

Submitted by waffles on Sat, 08/18/2012 - 16:02

( Posts: 1697 | Credits: )