716-601-1033
NY, US
 | YOU ARE CROOKS 2011-08-10 20:53:34 Unknown |
YOU ARE CROOKS ATTACKING DECENT HARD WORKING AMERICANS...YOU DIG UP OLD OUTDATED DEBTS THAT NO LONGER HAVE ANY DOCUMENTATION TO PROVE THE AMOUNT OR IF THE DEBT WAS PAID....YOU BUY FOR CHEAP AND THEN THROUGH SEWER SERVICE YOU GET JUDGMENTS ON PP, DENYING THEM THE RIGHT TO DISPUTE THE DEBT...
WHY DONT YOU GO OUT AND LEARN TO WORK FOR YOUR DAMN MONEY INSTEAD OF BEING LEACHES AND ATTACKING DECENT AMERICANS?
YOU LAZY BUMS WOULD RATHER LEACH OFF OF THE MONEY OF OTHERS!!! YOU ARE DISGUSTING AND YOU ARE A SCAM. EVERYTHING IS IN HOUSE OVER THERE. EVERY DOCUMENT EVERY SHEET OF PAPER EVERYTHING COMES FROM IN HOUSE DOESNT IT?
YOU ARE THE REASON THE COUNTRY AND OUR DEMOCRACY IS FAILING. YOU ARE SHAMELESS AND LAZY AND DISGUSTING AND THEN YOU HAVE THE NERVE TO COME ON HERE AND GIVE SOME TWISTED EXCUSE TRYING TO BLAME THE HARD WORKING AMERICANS YOU ATTACK?
WHY DONT YOU GO OUT AND LEARN TO WORK FOR YOUR DAMN MONEY INSTEAD OF BEING LEACHES AND ATTACKING DECENT AMERICANS?
YOU LAZY BUMS WOULD RATHER LEACH OFF OF THE MONEY OF OTHERS!!! YOU ARE DISGUSTING AND YOU ARE A SCAM. EVERYTHING IS IN HOUSE OVER THERE. EVERY DOCUMENT EVERY SHEET OF PAPER EVERYTHING COMES FROM IN HOUSE DOESNT IT?
YOU ARE THE REASON THE COUNTRY AND OUR DEMOCRACY IS FAILING. YOU ARE SHAMELESS AND LAZY AND DISGUSTING AND THEN YOU HAVE THE NERVE TO COME ON HERE AND GIVE SOME TWISTED EXCUSE TRYING TO BLAME THE HARD WORKING AMERICANS YOU ATTACK?
| Dirtbags 2011-08-10 20:46:38 Unknown |
GIOVE IS THE SCUMBAG ATTACKING ME. Disgusting dirtbags these guys are. They froze my acct based on a 5000$ debt on a credit card FROM 20 YEARS AGO. ONLY PROBLEM: IVE NEVER HAD A MAJOR CREDIT CARD!!! These guys do this crap from miles away because if not....they would have to hire body guards. What dirtbags.
| I AGREE 2011-08-10 20:42:55 Unknown |
I think you are exactly right....thats why its important to let them know that we know that. They buy dirt cheap outdated debts....very often they dont even have the correct amount of the original debt and there no longer exists any documentation to find what happened with that debt. Sometimes Its already paid for. They use fraudulent means of acquiring a judgment which denies us the right to dispute the debt.
THEY ARE CROOKS WHO ATTACKING DECENT HARDWORKING AMERICANS...BECAUSE THEY WOULD RATHER ROB US BLIND THAN TO GO OUT AND EARN THEIR MONEY BY ACTUALLY WORKING. ITS EASIER TO BUY OLD PAID FOR DEBTS.
THEY ARE CROOKS WHO ATTACKING DECENT HARDWORKING AMERICANS...BECAUSE THEY WOULD RATHER ROB US BLIND THAN TO GO OUT AND EARN THEIR MONEY BY ACTUALLY WORKING. ITS EASIER TO BUY OLD PAID FOR DEBTS.
| YOU ARE THE CROOKS 2011-08-10 20:37:15 Unknown |
NO>>>>its crooks like you that have created this disaster in our economy!!!
YOU DIG UP ALLEGED DEBTS FROM DECADES AGO AND USE SEWER SERVICE IN ORDER TO DENY PEOPLE THE RIGHT TO FIND OUT THE ACCURATE AMOUNT OF THE ORIGINAL DEBT...FORCING THEM TO PAY ON DEBTS THAT ARE ALREADY PAID FOR OR FOR AMOUNTS THAT ARE FRAUDULENT!!!
GO OUT AND WORK FOR YOUR DAMN MONEY INSTEAD OF BEING LEACHES ON HARD WORKING AMERICANS WHO ARE SIMPLY TRYING TO SURVIVE THE ONSLAUGHT OF DISGUSTING AND CORRUPT SAVAGES LIKE YOU WHO WOULD SELL YOUR MOTHERS FOR THE RIGHT PRICE.
YOU DIG UP ALLEGED DEBTS FROM DECADES AGO AND USE SEWER SERVICE IN ORDER TO DENY PEOPLE THE RIGHT TO FIND OUT THE ACCURATE AMOUNT OF THE ORIGINAL DEBT...FORCING THEM TO PAY ON DEBTS THAT ARE ALREADY PAID FOR OR FOR AMOUNTS THAT ARE FRAUDULENT!!!
GO OUT AND WORK FOR YOUR DAMN MONEY INSTEAD OF BEING LEACHES ON HARD WORKING AMERICANS WHO ARE SIMPLY TRYING TO SURVIVE THE ONSLAUGHT OF DISGUSTING AND CORRUPT SAVAGES LIKE YOU WHO WOULD SELL YOUR MOTHERS FOR THE RIGHT PRICE.
| Sharon 2011-06-06 20:55:32 Unknown |
I have gotten numerous calls from this number. I have not returned their call but they call daily and leave messages.
| Von 2011-06-06 20:55:32 Unknown |
They say they are called Giove but would not tell me any information.
| Not duped by a scam 2011-06-06 20:55:32 Unknown |
This number is a fraudulent business that is trying to scam innocent people. My wife keeps getting calls from a fake law office saying they have an important legal matter that needs her attention and they requested her SS#. My advice? DO NOT BELIEVE ANYTHING THEY SAY, DO NOT GIVE THEM ANY INFO THEY ASK FOR, AND REPORT THEM IMMEDIATELY TO THE BUFFALO POLICE!
| Kim 2011-06-06 20:55:32 Unknown |
They say they are from "Giove Law Offices", and that they're trying to contact a Nancy Williams.
They are associated with another scam number (719-466-4246). I've been receiving voice messages from them for weeks. When I have answered, I tell them to stop calling, but it hasn't worked yet.
I've had the same phone number for almost ten years, so I have no idea how they got my number.
They are associated with another scam number (719-466-4246). I've been receiving voice messages from them for weeks. When I have answered, I tell them to stop calling, but it hasn't worked yet.
I've had the same phone number for almost ten years, so I have no idea how they got my number.
| Mrssimon 2011-06-06 20:55:32 Unknown |
I have talked to them and made them aware that the person they are trying to contact is not at this number. They continue to call and leave messages. If this is in fact, a fraudulent company, I wish someone would shut them down as they are quite annoying.
| Terri Miller 2010-07-30 21:17:04 Debt Collector |
Someone keeps calling my cell number and asking for someone we do not know. They have the wrong number, but they keep calling. Please remove me from your list.
| A Hard Working American! 2010-07-29 14:57:20 Unknown |
CALL BACK are you and YOUR A PAIN one in the same. Sounds like you are a part of this collection agency and to much of a coward to give yourself credit as their employee. I bet you have even used some of the underhanded tactics listed in these forums. It must be nice to be employed in such a high paying industry that guarantees security stalking thoses that are less fortunate. I am glad that your profession has been exempted from the down fall that other major industries have experienced lately. Before you start throwing stones calling people dead beats and screaming for payment take the time to LISTEN and maybe you will learn that not everyone has INTENT of being in a collection status!!!!!!!!!!!!!!!!
| lamert 2010-07-29 13:36:10 Unknown |
AGENCY COLLECTORS
Agency collectors have correctly been deemed the worst-type of collection agents! They operate from a computer database containing all your personal information, provided to them by the original creditor. When an outside agency gets your account, it has been 'charged-off' for non-payment. They make calls as fast as the auto-dialer can picking up the first one that hits a live voice and letting the rest go as annoyance calls. That's why sometimes you get only a recorded message telling you to call about a very important matter. Commission is their livelihood; they don't have time for pleasantries or obeying the law.
An agency collector's commission ranges from 15-25% of what they can extract from you. Many are paid bonuses if they hit a quota and steady, hard-working collectors can make $40-60K per year. The most aggressive collector will bring in much more if they routinely step over the line to increase their take.
Who Seeks a Career as a Debt Collector?
In a industry where deception, craftiness, and deceit are rampant, you might imagine most honest people would seek work elsewhere. And you're right. My experience says the average debt collector is male, has a large ego, bounces from job to job, suffers low self-esteem and enjoys using the telephone as an instrument of empowerment. You shouldn't be surprised to find most of them have great debt problems themselves.
The debt collection business is plagued with high employee turnover. Constant training of new collectors puts great strain on the agencies and the employees. Every moment someone is in training is time lost on the phone. You can imagine the shortcuts that are taken to get a new caller on the floor as soon as possible.
Collectors are in a position to take advantage of those they deem weaker, in an effort to overcome their own insecurities. They normally will talk-over any issues you may have, threaten and intimidate you, lie, misrepresent themselves, abuse, annoy and attempt to push you as far as they can. After all, a portion of what they collect from you becomes theirs. Unfortunately, far too few consumers complain about debt collectors overstepping their bounds, because they are intimidated or embarrassed about their dilemma. Over the years I've dealt with literally thousands of collectors and would suggest only 3 out of 10 are honest and hard working. The greater percentage chose collecting as a quick fix to their financial situation and it should come as
no surprise that many collectors are either just out of, or heading back into a jail cell.
Collecting is a male dominated business and because of the shortage of skilled workers, agencies are hiring anyone who can walk and chew gum to make their calls. Social skills, education and career orientation are NOT normally the prerequisites for a debt collector ? money beggar position.
What Techniques Do They Employ?
You'll hear standard phrases such as: "what is your intent" or "I'm going to recommend that our client take immediate legal action against you." The innocent unsuspecting consumer feels threatened, even terrorized by the antics of unscrupulous debt collectors. The really bad ones will call you at work, violate third party disclosure, or worse, threaten you with arrest or wage garnishment if they don't have the money today! They'll try to persuade you to pay off old debts using your new credit card, via Western Union wire transfers, bank drafting, debit checks and cash. Surely there is a relative or two from whom you can borrow money to pay this bill. They will tell you your credit report will be clean if you just send them the money.
The National Consumer Law Center (NCLC) and the National Association of Consumer Advocates, (NACA) assist attorneys across the country in pursuing agencies and collectors who violate the law and your rights. Collectors are learning that the phone name they use and the perceived anonymity of hiding behind a telephone can easily be overcome with today's modern technology and investigative techniques. Some collectors are learning first-hand that they too, can be charged with making threats over the phone and that their employers don't always provide bail money or legal representation. Creditors are increasingly becoming less tolerant of agencies that allow abuse and will drop those that don't comply.
I urge you to complain about collector abuse by contacting the FTC, the American Collectors Association, the original creditor and your state bar association (against attorneys), or me if you feel your rights are being violated. There is a nationwide group of professional consumer attorneys, skilled in debt collection laws that passionately defend the rights of consumers against these illegal collectors. No consumer should ever suffer abuse from a debt collector.
The laws WILL protect you!
attorney/law office, file a complaint with your State Bar Association, the Attorney General, the Federal Trade Commission, or contact us for a confidential referral to a consumer law professional in your area.
http://budhibbs.com/linkflat.png
Agency collectors have correctly been deemed the worst-type of collection agents! They operate from a computer database containing all your personal information, provided to them by the original creditor. When an outside agency gets your account, it has been 'charged-off' for non-payment. They make calls as fast as the auto-dialer can picking up the first one that hits a live voice and letting the rest go as annoyance calls. That's why sometimes you get only a recorded message telling you to call about a very important matter. Commission is their livelihood; they don't have time for pleasantries or obeying the law.
An agency collector's commission ranges from 15-25% of what they can extract from you. Many are paid bonuses if they hit a quota and steady, hard-working collectors can make $40-60K per year. The most aggressive collector will bring in much more if they routinely step over the line to increase their take.
Who Seeks a Career as a Debt Collector?
In a industry where deception, craftiness, and deceit are rampant, you might imagine most honest people would seek work elsewhere. And you're right. My experience says the average debt collector is male, has a large ego, bounces from job to job, suffers low self-esteem and enjoys using the telephone as an instrument of empowerment. You shouldn't be surprised to find most of them have great debt problems themselves.
The debt collection business is plagued with high employee turnover. Constant training of new collectors puts great strain on the agencies and the employees. Every moment someone is in training is time lost on the phone. You can imagine the shortcuts that are taken to get a new caller on the floor as soon as possible.
Collectors are in a position to take advantage of those they deem weaker, in an effort to overcome their own insecurities. They normally will talk-over any issues you may have, threaten and intimidate you, lie, misrepresent themselves, abuse, annoy and attempt to push you as far as they can. After all, a portion of what they collect from you becomes theirs. Unfortunately, far too few consumers complain about debt collectors overstepping their bounds, because they are intimidated or embarrassed about their dilemma. Over the years I've dealt with literally thousands of collectors and would suggest only 3 out of 10 are honest and hard working. The greater percentage chose collecting as a quick fix to their financial situation and it should come as
no surprise that many collectors are either just out of, or heading back into a jail cell.
Collecting is a male dominated business and because of the shortage of skilled workers, agencies are hiring anyone who can walk and chew gum to make their calls. Social skills, education and career orientation are NOT normally the prerequisites for a debt collector ? money beggar position.
What Techniques Do They Employ?
You'll hear standard phrases such as: "what is your intent" or "I'm going to recommend that our client take immediate legal action against you." The innocent unsuspecting consumer feels threatened, even terrorized by the antics of unscrupulous debt collectors. The really bad ones will call you at work, violate third party disclosure, or worse, threaten you with arrest or wage garnishment if they don't have the money today! They'll try to persuade you to pay off old debts using your new credit card, via Western Union wire transfers, bank drafting, debit checks and cash. Surely there is a relative or two from whom you can borrow money to pay this bill. They will tell you your credit report will be clean if you just send them the money.
The National Consumer Law Center (NCLC) and the National Association of Consumer Advocates, (NACA) assist attorneys across the country in pursuing agencies and collectors who violate the law and your rights. Collectors are learning that the phone name they use and the perceived anonymity of hiding behind a telephone can easily be overcome with today's modern technology and investigative techniques. Some collectors are learning first-hand that they too, can be charged with making threats over the phone and that their employers don't always provide bail money or legal representation. Creditors are increasingly becoming less tolerant of agencies that allow abuse and will drop those that don't comply.
I urge you to complain about collector abuse by contacting the FTC, the American Collectors Association, the original creditor and your state bar association (against attorneys), or me if you feel your rights are being violated. There is a nationwide group of professional consumer attorneys, skilled in debt collection laws that passionately defend the rights of consumers against these illegal collectors. No consumer should ever suffer abuse from a debt collector.
The laws WILL protect you!
attorney/law office, file a complaint with your State Bar Association, the Attorney General, the Federal Trade Commission, or contact us for a confidential referral to a consumer law professional in your area.
http://budhibbs.com/linkflat.png
| lamet 2010-07-29 13:33:53 Unknown |
WELL KNOWN SCAM DEBT COLLECTOR
REPORT THEM TO THE NY ATTORNEY GENERAL ASAP
use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
THE INFO ABOUT THIS GIOVE LAW OFFICE SCAM IS ALL OVER THE INTERNET - if you are willing to look past the complaint boards and look at REPUTABLE DEBT COLLECTION WEBSITES - THEY HAVE A WEBSITE DEDICATED TO EXPOSING THEM!
http://budhibbs.com/giove/
http://www.consumerjustice.com/consumer/agencydetail.aspx?id=5671
Giove Law Office, PC
2801 Wehrle Drive, Suite #4
Williamsville, New York, 14221
rag36@aol.com
www.giovelawoffice.com/
--------------------------------------------------------------------------------
Phone No. 800-608-5892 800-694-1190 866-878-8873 866-618-5732 716-298-9730 877-864-8041
Fax 716-447-8059 716-298-9750 716-565-9399
Rodney Anthony Giove, Lawyer Shannon Dills, Co-Owner
SCAM!! One of the worst debt collectors in WNY. Involved in various scams and consumer frauds, collecting on debts not owned.
Targeted by the NY AG for fraud.
Giove is as bad as they get! It is amazing that he is still allowed to practice law, given his background and illegal collection history.
THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS
HANDLE IT CORRECTLY AND THEY WILL END UP PAYING YOU
READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE
You can also post your questions here http://www.collectorsexposed.com/forum/ NEW URL!
These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm
Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.
Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren?t; or
indicate that papers they send to you aren?t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don?t pay your debt;
they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn?t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans? Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members? Pay
Military Annuities and Survivors? Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen?s and Harbor Workers? Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009
File complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY ? use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list. You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
NY AG Throws Out 100,000 Default Judgments Against Consumers!
« on: July 22, 2009, 10:23:57 am »
ATTORNEY GENERAL CUOMO SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION
http://www.oag.state.ny.us/media_center/2009/july/pdfs/5015%20Suit.pdf
37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt
Cuomo Seeks to Vacate Over 100,000 Faulty Judgments Statewide and Provide Restitution to Victims
New York, NY (July 22, 2009) - Attorney General Andrew M. Cuomo today announced his office has sued 35 law firms and two debt collectors in New York State in order to throw out an estimated 100,000 default judgments improperly obtained against New York consumers. This is the latest action in Cuomo?s ongoing investigation into unlawful debt collection practices.
According to the lawsuit filed yesterday in New York State Supreme Court, Erie County, the companies relied on a Long Island company, American Legal Process (ALP), to notify New York consumers that they faced debt-related lawsuits. ALP, however, failed to properly serve consumers across the state with legal papers, causing thousands to unknowingly default and have costly judgments entered against them without the chance to respond or defend themselves. In April of this year, Cuomo?s Office announced criminal and civil cases against ALP and its owner, William Singler, for this fraudulent business scheme.
Today?s lawsuit is an effort to provide relief to the thousands of consumers facing costly default judgments as a result of ALP?s unlawful practices. The suit asks the court to vacate all default judgments secured against New York consumers in cases in which the firms (1) used ALP to serve legal process in commencing a lawsuit, and (2) the firms are unable to provide the court with any evidence, other than ALP?s affidavit, that proper legal service was made.
?Our legal system is defined by due process and the guarantee that every New Yorker will get the chance to defend his or herself in court,? said Attorney General Cuomo. ?ALP?s scheme undermined the foundation of this system and denied thousands of individuals their day in court. Today?s lawsuit is a key step in our efforts to uproot unlawful debt collection practices and undo the considerable harm they inflict on New York consumers.?
ALP, as a legal process server, was hired by high-volume debt collection law firms in New York to serve legal papers, usually a summons and complaint, notifying individuals that they are being sued and must answer the complaint. ALP, however, allegedly engaged in ?sewer service,? where process servers take advantage of individuals facing lawsuits by failing to properly alert them and denying them the chance to respond. As a result, tens of thousands of judgments were obtained against unsuspecting New Yorkers, many of whom first learned they were being sued when they found their bank accounts frozen or their wages garnished. ALP covered up the fraud by falsifying sworn affidavits of service in courts across New York.
The law firms and debt collectors sued today then used these false affidavits to obtain default judgments against NY consumers. Between January 2007 and October 2008, these law firms and debt collectors filed more than 100,000 lawsuits in every county in New York State, with the vast majority of the suits being debt collection actions. In a large percentage of the cases sampled and analyzed, the defendants never answered the lawsuit and the law firms sought and obtained default judgments from the courts. In seeking the default judgments, the firms made use of ALP?s fraudulent affidavits that claimed that the individual defendants had been given proper legal notice of the suits.
To rectify ALP?s widespread fraud on New York?s courts and consumers, today?s lawsuit, filed on behalf of the Honorable Ann Pfau, Chief Administrative Judge of the New York State Unified Court System, invokes the broad remedial powers granted to New York?s administrative judges to correct improperly obtained default judgments. In addition to seeking to vacate all of the default judgments where the sole evidence that the defendant received notice of the suit is an ALP affidavit, today?s lawsuit asks the court to order the law firms and debt collectors to:
* Inform the New York State Unified Court System of each actions in which they used ALP to serve legal process and in which a default judgment was granted;
* Notify all the parties in those actions of the existence of this lawsuit and their right to be heard; and
* Notify the court of amount of any default judgments taken in any of the relevant actions, as well as whether the debtor paid any amount to satisfy the default judgment.
Additionally, where a default judgment is ultimately vacated, today?s suit asks the court to direct that proper restitution be made to any debtor who made payment on an improperly obtained default judgment. The Attorney General?s Office estimates that the average default judgment totaled approximately $5, 474.
Carolyn Coffey, an attorney with MFY Legal Services, a nonprofit provider of free legal services in New York, said: ?Over and over again we see hundreds of the most vulnerable New Yorkers -- the elderly, disabled, and working poor -- blindsided by default judgments in lawsuits that they never even knew about until after the cases were over. Our justice system is built on the basic premise that everyone has a right to be heard in court before a judgment can be entered against them, and the debt collection law firms that engage in sewer service deny New Yorkers this fundamental right. MFY commends Attorney General Cuomo for taking these steps to remedy the devastating effects of sewer service, and for sending the message to debt collection law firms that they must comply with the most basic requirements of due process.?
The law firms and debt collectors named in today?s suit are:
Forster & Garbus;
Sharinn and Lipshie;
Kirschenbaum & Phillips, P.C.;
Solomon and Solomon, P.C;
Goldman & Warshaw, P.C.;
Eltman Eltman and Cooper;
Eric M. Berman, P.C.;
Stephen Einstein & Associates, P.C.;
Fabiano and Associates;
Jones Jones Larkin O?Connell;
Panteris & Panteris, LLP;
Zwicker and Associates;
Relin, Goldstein & Crane;
Woods Oviatt Gilman;
Leschack & Grodesnky;
Hayt Hayt & Landau;
Pressler & Pressler;
Jaffe & Asher;
Mullen & Iannarone;
Arnold A. Arpino & Associates;
Houslanger & Associates;
Mann Bracken, LLC;
Smith Carroad Levy & Finkel;
McNamee, Lochner Titus & Williams;
Thomas Law Office;
Fleck, Fleck & Fleck;
Eric Ostrager;
Cohen & Slamowitz, LLP;
Cullen and Dykman LLP;
Winston & Winston, P.C.;
Cooper Erving & Savage, LLP;
Robert P. Rothman, P.C;
Gerald D. DeSantis;
Greater Niagara Holdings, LLC;
Rodney A. Giove;
Advanced Litigation Services, LLC;
and Jason L. Cafarella.
Attorney General Cuomo also announced that as part of his ongoing investigation into fraudulent process servers and debt collectors, his Office is determining which other law firms statewide relied on ALP to serve legal process on New Yorkers facing lawsuits. More than 20 such firms have been identified to date and his Office is notifying those firms of its intent to seek to vacate any default judgments those firms have obtained based on ALP affidavits of service.
This civil lawsuit and investigation is being handled by Assistant Attorney General James Morrissey and Assistant Attorney General Nathan Reilly, in conjunction with Dennis Donnelly, George Danyluk, Aric Andrejko and Dan Johnson of the Internal Audit Unit of the New York State Unified Court System.
REPORT THEM TO THE NY ATTORNEY GENERAL ASAP
use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
THE INFO ABOUT THIS GIOVE LAW OFFICE SCAM IS ALL OVER THE INTERNET - if you are willing to look past the complaint boards and look at REPUTABLE DEBT COLLECTION WEBSITES - THEY HAVE A WEBSITE DEDICATED TO EXPOSING THEM!
http://budhibbs.com/giove/
http://www.consumerjustice.com/consumer/agencydetail.aspx?id=5671
Giove Law Office, PC
2801 Wehrle Drive, Suite #4
Williamsville, New York, 14221
rag36@aol.com
www.giovelawoffice.com/
--------------------------------------------------------------------------------
Phone No. 800-608-5892 800-694-1190 866-878-8873 866-618-5732 716-298-9730 877-864-8041
Fax 716-447-8059 716-298-9750 716-565-9399
Rodney Anthony Giove, Lawyer Shannon Dills, Co-Owner
SCAM!! One of the worst debt collectors in WNY. Involved in various scams and consumer frauds, collecting on debts not owned.
Targeted by the NY AG for fraud.
Giove is as bad as they get! It is amazing that he is still allowed to practice law, given his background and illegal collection history.
THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS
HANDLE IT CORRECTLY AND THEY WILL END UP PAYING YOU
READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE
You can also post your questions here http://www.collectorsexposed.com/forum/ NEW URL!
These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm
Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.
Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren?t; or
indicate that papers they send to you aren?t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don?t pay your debt;
they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn?t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans? Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members? Pay
Military Annuities and Survivors? Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen?s and Harbor Workers? Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009
File complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY ? use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list. You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
NY AG Throws Out 100,000 Default Judgments Against Consumers!
« on: July 22, 2009, 10:23:57 am »
ATTORNEY GENERAL CUOMO SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION
http://www.oag.state.ny.us/media_center/2009/july/pdfs/5015%20Suit.pdf
37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt
Cuomo Seeks to Vacate Over 100,000 Faulty Judgments Statewide and Provide Restitution to Victims
New York, NY (July 22, 2009) - Attorney General Andrew M. Cuomo today announced his office has sued 35 law firms and two debt collectors in New York State in order to throw out an estimated 100,000 default judgments improperly obtained against New York consumers. This is the latest action in Cuomo?s ongoing investigation into unlawful debt collection practices.
According to the lawsuit filed yesterday in New York State Supreme Court, Erie County, the companies relied on a Long Island company, American Legal Process (ALP), to notify New York consumers that they faced debt-related lawsuits. ALP, however, failed to properly serve consumers across the state with legal papers, causing thousands to unknowingly default and have costly judgments entered against them without the chance to respond or defend themselves. In April of this year, Cuomo?s Office announced criminal and civil cases against ALP and its owner, William Singler, for this fraudulent business scheme.
Today?s lawsuit is an effort to provide relief to the thousands of consumers facing costly default judgments as a result of ALP?s unlawful practices. The suit asks the court to vacate all default judgments secured against New York consumers in cases in which the firms (1) used ALP to serve legal process in commencing a lawsuit, and (2) the firms are unable to provide the court with any evidence, other than ALP?s affidavit, that proper legal service was made.
?Our legal system is defined by due process and the guarantee that every New Yorker will get the chance to defend his or herself in court,? said Attorney General Cuomo. ?ALP?s scheme undermined the foundation of this system and denied thousands of individuals their day in court. Today?s lawsuit is a key step in our efforts to uproot unlawful debt collection practices and undo the considerable harm they inflict on New York consumers.?
ALP, as a legal process server, was hired by high-volume debt collection law firms in New York to serve legal papers, usually a summons and complaint, notifying individuals that they are being sued and must answer the complaint. ALP, however, allegedly engaged in ?sewer service,? where process servers take advantage of individuals facing lawsuits by failing to properly alert them and denying them the chance to respond. As a result, tens of thousands of judgments were obtained against unsuspecting New Yorkers, many of whom first learned they were being sued when they found their bank accounts frozen or their wages garnished. ALP covered up the fraud by falsifying sworn affidavits of service in courts across New York.
The law firms and debt collectors sued today then used these false affidavits to obtain default judgments against NY consumers. Between January 2007 and October 2008, these law firms and debt collectors filed more than 100,000 lawsuits in every county in New York State, with the vast majority of the suits being debt collection actions. In a large percentage of the cases sampled and analyzed, the defendants never answered the lawsuit and the law firms sought and obtained default judgments from the courts. In seeking the default judgments, the firms made use of ALP?s fraudulent affidavits that claimed that the individual defendants had been given proper legal notice of the suits.
To rectify ALP?s widespread fraud on New York?s courts and consumers, today?s lawsuit, filed on behalf of the Honorable Ann Pfau, Chief Administrative Judge of the New York State Unified Court System, invokes the broad remedial powers granted to New York?s administrative judges to correct improperly obtained default judgments. In addition to seeking to vacate all of the default judgments where the sole evidence that the defendant received notice of the suit is an ALP affidavit, today?s lawsuit asks the court to order the law firms and debt collectors to:
* Inform the New York State Unified Court System of each actions in which they used ALP to serve legal process and in which a default judgment was granted;
* Notify all the parties in those actions of the existence of this lawsuit and their right to be heard; and
* Notify the court of amount of any default judgments taken in any of the relevant actions, as well as whether the debtor paid any amount to satisfy the default judgment.
Additionally, where a default judgment is ultimately vacated, today?s suit asks the court to direct that proper restitution be made to any debtor who made payment on an improperly obtained default judgment. The Attorney General?s Office estimates that the average default judgment totaled approximately $5, 474.
Carolyn Coffey, an attorney with MFY Legal Services, a nonprofit provider of free legal services in New York, said: ?Over and over again we see hundreds of the most vulnerable New Yorkers -- the elderly, disabled, and working poor -- blindsided by default judgments in lawsuits that they never even knew about until after the cases were over. Our justice system is built on the basic premise that everyone has a right to be heard in court before a judgment can be entered against them, and the debt collection law firms that engage in sewer service deny New Yorkers this fundamental right. MFY commends Attorney General Cuomo for taking these steps to remedy the devastating effects of sewer service, and for sending the message to debt collection law firms that they must comply with the most basic requirements of due process.?
The law firms and debt collectors named in today?s suit are:
Forster & Garbus;
Sharinn and Lipshie;
Kirschenbaum & Phillips, P.C.;
Solomon and Solomon, P.C;
Goldman & Warshaw, P.C.;
Eltman Eltman and Cooper;
Eric M. Berman, P.C.;
Stephen Einstein & Associates, P.C.;
Fabiano and Associates;
Jones Jones Larkin O?Connell;
Panteris & Panteris, LLP;
Zwicker and Associates;
Relin, Goldstein & Crane;
Woods Oviatt Gilman;
Leschack & Grodesnky;
Hayt Hayt & Landau;
Pressler & Pressler;
Jaffe & Asher;
Mullen & Iannarone;
Arnold A. Arpino & Associates;
Houslanger & Associates;
Mann Bracken, LLC;
Smith Carroad Levy & Finkel;
McNamee, Lochner Titus & Williams;
Thomas Law Office;
Fleck, Fleck & Fleck;
Eric Ostrager;
Cohen & Slamowitz, LLP;
Cullen and Dykman LLP;
Winston & Winston, P.C.;
Cooper Erving & Savage, LLP;
Robert P. Rothman, P.C;
Gerald D. DeSantis;
Greater Niagara Holdings, LLC;
Rodney A. Giove;
Advanced Litigation Services, LLC;
and Jason L. Cafarella.
Attorney General Cuomo also announced that as part of his ongoing investigation into fraudulent process servers and debt collectors, his Office is determining which other law firms statewide relied on ALP to serve legal process on New Yorkers facing lawsuits. More than 20 such firms have been identified to date and his Office is notifying those firms of its intent to seek to vacate any default judgments those firms have obtained based on ALP affidavits of service.
This civil lawsuit and investigation is being handled by Assistant Attorney General James Morrissey and Assistant Attorney General Nathan Reilly, in conjunction with Dennis Donnelly, George Danyluk, Aric Andrejko and Dan Johnson of the Internal Audit Unit of the New York State Unified Court System.
| lamet 2010-07-29 13:25:57 Unknown |
NO THEY ARE NOT LEGIT AT ALL - Just another ILLEGAL DEBT COLLECTOR located in NY
REPORT THEM TO THE NY ATTORNEY GENERAL ASAP
use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
THE INFO ABOUT THIS GIOVE LAW OFFICE SCAM IS ALL OVER THE INTERNET - if you are willing to look past the complaint boards and look at REPUTABLE DEBT COLLECTION WEBSITES - THEY HAVE A WEBSITE DEDICATED TO EXPOSING THEM!
http://budhibbs.com/giove/
http://www.consumerjustice.com/consumer/agencydetail.aspx?id=5671
Giove Law Office, PC
2801 Wehrle Drive, Suite #4
Williamsville, New York, 14221
rag36@aol.com
www.giovelawoffice.com/
--------------------------------------------------------------------------------
Phone No. 800-608-5892 800-694-1190 866-878-8873 866-618-5732 716-298-9730 877-864-8041
Fax 716-447-8059 716-298-9750 716-565-9399
Rodney Anthony Giove, Lawyer Shannon Dills, Co-Owner
SCAM!! One of the worst debt collectors in WNY. Involved in various scams and consumer frauds, collecting on debts not owned.
Targeted by the NY AG for fraud.
Giove is as bad as they get! It is amazing that he is still allowed to practice law, given his background and illegal collection history.
THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS
HANDLE IT CORRECTLY AND THEY WILL END UP PAYING YOU
READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE
You can also post your questions here http://www.collectorsexposed.com/forum/ NEW URL!
These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm
Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.
Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren?t; or
indicate that papers they send to you aren?t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don?t pay your debt;
they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn?t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans? Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members? Pay
Military Annuities and Survivors? Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen?s and Harbor Workers? Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009
File complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY ? use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list. You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
NY AG Throws Out 100,000 Default Judgments Against Consumers!
« on: July 22, 2009, 10:23:57 am »
ATTORNEY GENERAL CUOMO SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION
http://www.oag.state.ny.us/media_center/2009/july/pdfs/5015%20Suit.pdf
37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt
Cuomo Seeks to Vacate Over 100,000 Faulty Judgments Statewide and Provide Restitution to Victims
New York, NY (July 22, 2009) - Attorney General Andrew M. Cuomo today announced his office has sued 35 law firms and two debt collectors in New York State in order to throw out an estimated 100,000 default judgments improperly obtained against New York consumers. This is the latest action in Cuomo?s ongoing investigation into unlawful debt collection practices.
According to the lawsuit filed yesterday in New York State Supreme Court, Erie County, the companies relied on a Long Island company, American Legal Process (ALP), to notify New York consumers that they faced debt-related lawsuits. ALP, however, failed to properly serve consumers across the state with legal papers, causing thousands to unknowingly default and have costly judgments entered against them without the chance to respond or defend themselves. In April of this year, Cuomo?s Office announced criminal and civil cases against ALP and its owner, William Singler, for this fraudulent business scheme.
Today?s lawsuit is an effort to provide relief to the thousands of consumers facing costly default judgments as a result of ALP?s unlawful practices. The suit asks the court to vacate all default judgments secured against New York consumers in cases in which the firms (1) used ALP to serve legal process in commencing a lawsuit, and (2) the firms are unable to provide the court with any evidence, other than ALP?s affidavit, that proper legal service was made.
?Our legal system is defined by due process and the guarantee that every New Yorker will get the chance to defend his or herself in court,? said Attorney General Cuomo. ?ALP?s scheme undermined the foundation of this system and denied thousands of individuals their day in court. Today?s lawsuit is a key step in our efforts to uproot unlawful debt collection practices and undo the considerable harm they inflict on New York consumers.?
ALP, as a legal process server, was hired by high-volume debt collection law firms in New York to serve legal papers, usually a summons and complaint, notifying individuals that they are being sued and must answer the complaint. ALP, however, allegedly engaged in ?sewer service,? where process servers take advantage of individuals facing lawsuits by failing to properly alert them and denying them the chance to respond. As a result, tens of thousands of judgments were obtained against unsuspecting New Yorkers, many of whom first learned they were being sued when they found their bank accounts frozen or their wages garnished. ALP covered up the fraud by falsifying sworn affidavits of service in courts across New York.
The law firms and debt collectors sued today then used these false affidavits to obtain default judgments against NY consumers. Between January 2007 and October 2008, these law firms and debt collectors filed more than 100,000 lawsuits in every county in New York State, with the vast majority of the suits being debt collection actions. In a large percentage of the cases sampled and analyzed, the defendants never answered the lawsuit and the law firms sought and obtained default judgments from the courts. In seeking the default judgments, the firms made use of ALP?s fraudulent affidavits that claimed that the individual defendants had been given proper legal notice of the suits.
To rectify ALP?s widespread fraud on New York?s courts and consumers, today?s lawsuit, filed on behalf of the Honorable Ann Pfau, Chief Administrative Judge of the New York State Unified Court System, invokes the broad remedial powers granted to New York?s administrative judges to correct improperly obtained default judgments. In addition to seeking to vacate all of the default judgments where the sole evidence that the defendant received notice of the suit is an ALP affidavit, today?s lawsuit asks the court to order the law firms and debt collectors to:
* Inform the New York State Unified Court System of each actions in which they used ALP to serve legal process and in which a default judgment was granted;
* Notify all the parties in those actions of the existence of this lawsuit and their right to be heard; and
* Notify the court of amount of any default judgments taken in any of the relevant actions, as well as whether the debtor paid any amount to satisfy the default judgment.
Additionally, where a default judgment is ultimately vacated, today?s suit asks the court to direct that proper restitution be made to any debtor who made payment on an improperly obtained default judgment. The Attorney General?s Office estimates that the average default judgment totaled approximately $5, 474.
Carolyn Coffey, an attorney with MFY Legal Services, a nonprofit provider of free legal services in New York, said: ?Over and over again we see hundreds of the most vulnerable New Yorkers -- the elderly, disabled, and working poor -- blindsided by default judgments in lawsuits that they never even knew about until after the cases were over. Our justice system is built on the basic premise that everyone has a right to be heard in court before a judgment can be entered against them, and the debt collection law firms that engage in sewer service deny New Yorkers this fundamental right. MFY commends Attorney General Cuomo for taking these steps to remedy the devastating effects of sewer service, and for sending the message to debt collection law firms that they must comply with the most basic requirements of due process.?
The law firms and debt collectors named in today?s suit are:
Forster & Garbus;
Sharinn and Lipshie;
Kirschenbaum & Phillips, P.C.;
Solomon and Solomon, P.C;
Goldman & Warshaw, P.C.;
Eltman Eltman and Cooper;
Eric M. Berman, P.C.;
Stephen Einstein & Associates, P.C.;
Fabiano and Associates;
Jones Jones Larkin O?Connell;
Panteris & Panteris, LLP;
Zwicker and Associates;
Relin, Goldstein & Crane;
Woods Oviatt Gilman;
Leschack & Grodesnky;
Hayt Hayt & Landau;
Pressler & Pressler;
Jaffe & Asher;
Mullen & Iannarone;
Arnold A. Arpino & Associates;
Houslanger & Associates;
Mann Bracken, LLC;
Smith Carroad Levy & Finkel;
McNamee, Lochner Titus & Williams;
Thomas Law Office;
Fleck, Fleck & Fleck;
Eric Ostrager;
Cohen & Slamowitz, LLP;
Cullen and Dykman LLP;
Winston & Winston, P.C.;
Cooper Erving & Savage, LLP;
Robert P. Rothman, P.C;
Gerald D. DeSantis;
Greater Niagara Holdings, LLC;
Rodney A. Giove;
Advanced Litigation Services, LLC;
and Jason L. Cafarella.
Attorney General Cuomo also announced that as part of his ongoing investigation into fraudulent process servers and debt collectors, his Office is determining which other law firms statewide relied on ALP to serve legal process on New Yorkers facing lawsuits. More than 20 such firms have been identified to date and his Office is notifying those firms of its intent to seek to vacate any default judgments those firms have obtained based on ALP affidavits of service.
This civil lawsuit and investigation is being handled by Assistant Attorney General James Morrissey and Assistant Attorney General Nathan Reilly, in conjunction with Dennis Donnelly, George Danyluk, Aric Andrejko and Dan Johnson of the Internal Audit Unit of the New York State Unified Court System.
REPORT THEM TO THE NY ATTORNEY GENERAL ASAP
use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
THE INFO ABOUT THIS GIOVE LAW OFFICE SCAM IS ALL OVER THE INTERNET - if you are willing to look past the complaint boards and look at REPUTABLE DEBT COLLECTION WEBSITES - THEY HAVE A WEBSITE DEDICATED TO EXPOSING THEM!
http://budhibbs.com/giove/
http://www.consumerjustice.com/consumer/agencydetail.aspx?id=5671
Giove Law Office, PC
2801 Wehrle Drive, Suite #4
Williamsville, New York, 14221
rag36@aol.com
www.giovelawoffice.com/
--------------------------------------------------------------------------------
Phone No. 800-608-5892 800-694-1190 866-878-8873 866-618-5732 716-298-9730 877-864-8041
Fax 716-447-8059 716-298-9750 716-565-9399
Rodney Anthony Giove, Lawyer Shannon Dills, Co-Owner
SCAM!! One of the worst debt collectors in WNY. Involved in various scams and consumer frauds, collecting on debts not owned.
Targeted by the NY AG for fraud.
Giove is as bad as they get! It is amazing that he is still allowed to practice law, given his background and illegal collection history.
THE CORRECT WAY TO HANDLE COLLECTION CALLS AND ILLEGAL TACTICS
HANDLE IT CORRECTLY AND THEY WILL END UP PAYING YOU
READ DEALING WITH DEBT COLLECTORS, RECORDING CALLS AND STATUTE OF LIMITATIONS BY STATE
You can also post your questions here http://www.collectorsexposed.com/forum/ NEW URL!
These links are to attorneys for those being scammed www.naca.net or http://www.consumerjustice.com/consumer/searchattorneys.aspx
Debt Collectors DO NOT WANT YOU TO KNOW THIS INFORMATION!
The INFORMED CONSUMER IS THE DEBT COLLECTORS WORST ENEMY!
Dealing with Debt Collectors
Http://www.budhibbs.com/First.htm
Statute of Limitations by State ? always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/statute_of_limitations.htm
Recording calls from Debt Collectors - always double check YOUR OWN STATE Government Website
http://www.budhibbs.com/record.htm
From Federal Trade Commission Website ? FAIR DEBT COLLECTION PRACTICES ACT
Debt Collection FAQs: A Guide for Consumers
If you?re behind in paying your bills, or a creditor?s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), the nation?s consumer protection agency, enforces the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.
Here are some questions and answers about your rights under the Act.
What types of debts are covered?
The Act covers personal, family, and household debts, including money you owe on a personal credit card account, an auto loan, a medical bill, and your mortgage. The FDCPA doesn?t cover debts you incurred to run a business.
Can a debt collector contact me any time or any place?
No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the morning or after 9 at night, unless you agree to it. And collectors may not contact you at work if they?re told (orally or in writing) that you?re not allowed to get calls there.
How can I stop a debt collector from contacting me?
If a collector contacts you about a debt, you may want to talk to them at least once to see if you can resolve the matter ? even if you don?t think you owe the debt, can?t repay it immediately, or think that the collector is contacting you by mistake. If you decide after contacting the debt collector that you don?t want the collector to contact you again, tell the collector ? in writing ? to stop contacting you. Here?s how to do that:
Make a copy of your letter. Send the original by certified mail, and pay for a ?return receipt? so you?ll be able to document what the collector received. Once the collector receives your letter, they may not contact you again, with two exceptions: a collector can contact you to tell you there will be no further contact or to let you know that they or the creditor intend to take a specific action, like filing a lawsuit. Sending such a letter to a debt collector you owe money to does not get rid of the debt, but it should stop the contact. The creditor or the debt collector still can sue you to collect the debt.
Can a debt collector contact anyone else about my debt?
If an attorney is representing you about the debt, the debt collector must contact the attorney, rather than you. If you don?t have an attorney, a collector may contact other people ? but only to find out your address, your home phone number, and where you work. Collectors usually are prohibited from contacting third parties more than once. Other than to obtain this location information about you, a debt collector generally is not permitted to discuss your debt with anyone other than you, your spouse, or your attorney.
What does the debt collector have to tell me about the debt?
Every collector must send you a written ?validation notice? telling you how much money you owe within five days after they first contact you. This notice also must include the name of the creditor to whom you owe the money, and how to proceed if you don?t think you owe the money.
Can a debt collector keep contacting me if I don?t think I owe any money?
If you send the debt collector a letter stating that you don?t owe any or all of the money, or asking for verification of the debt, that collector must stop contacting you. You have to send that letter within 30 days after you receive the validation notice. But a collector can begin contacting you again if it sends you written verification of the debt, like a copy of a bill for the amount you owe.
What practices are off limits for debt collectors?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe;
indicate that papers they send you are legal forms if they aren?t; or
indicate that papers they send to you aren?t legal forms if they are.
Debt collectors also are prohibited from saying that:
you will be arrested if you don?t pay your debt;
they?ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don?t intend to take the action.
Debt collectors may not:
give false credit information about you to anyone, including a credit reporting company;
send you anything that looks like an official document from a court or government agency if it isn?t; or
use a false company name.
Unfair practices. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, they may not:
try to collect any interest, fee, or other charge on top of the amount you owe unless the contract that created your debt ? or your state law ? allows the charge;
deposit a post-dated check early;
take or threaten to take your property unless it can be done legally; or
contact you by postcard.
Can I control which debts my payments apply to?
Yes. If a debt collector is trying to collect more than one debt from you, the collector must apply any payment you make to the debt you select. Equally important, a debt collector may not apply a payment to a debt you don?t think you owe.
Can a debt collector garnish my bank account or my wages?
If you don?t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, the court will enter a judgment against you. The judgment states the amount of money you owe, and allows the creditor or collector to get a garnishment order against you, directing a third party, like your bank, to turn over funds from your account to pay the debt.
Wage garnishment happens when your employer withholds part of your compensation to pay your debts. Your wages usually can be garnished only as the result of a court order. Don?t ignore a lawsuit summons. If you do, you lose the opportunity to fight a wage garnishment.
Can federal benefits be garnished?
Many federal benefits are exempt from garnishment, including:
Social Security Benefits
Supplemental Security Income (SSI) Benefits
Veterans? Benefits
Civil Service and Federal Retirement and Disability Benefits
Service Members? Pay
Military Annuities and Survivors? Benefits
Student Assistance
Railroad Retirement Benefits
Merchant Seamen Wages
Longshoremen?s and Harbor Workers? Death and Disability Benefits
Foreign Service Retirement and Disability Benefits
Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
Federal Emergency Management Agency Federal Disaster Assistance
But federal benefits may be garnished under certain circumstances, including to pay delinquent taxes, alimony, child support, or student loans.
Do I have any recourse if I think a debt collector has violated the law?
You have the right to sue a collector in a state or federal court within one year from the date the law was violated. If you win, the judge can require the collector to pay you for any damages you can prove you suffered because of the illegal collection practices, like lost wages and medical bills. The judge can require the debt collector to pay you up to $1,000, even if you can?t prove that you suffered actual damages. You also can be reimbursed for your attorney?s fees and court costs. A group of people also may sue a debt collector as part of a class action lawsuit and recover money for damages up to $500,000, or one percent of the collector?s net worth, whichever amount is lower. Even if a debt collector violates the FDCPA in trying to collect a debt, the debt does not go away if you owe it.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged violation?
Report any problems you have with a debt collector to your state Attorney General?s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General?s office can help you determine your rights under your state?s law.
For More Information
To learn more about debt collection and other credit-related issues, visit www.ftc.gov/credit and MyMoney.gov, the U.S. government?s portal to financial education.
The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad
February 2009
File complaints with
Federal Trade Commission https://www.ftccomplaintassistant.gov/FTC_Wizard.aspx?Lang=en
Your State Attorney General
State Attorney General is every state they have offices
Link to all State Attorney General Websites www.naag.org
If you or they are located in NY ? use this SPECIAL Link www.NYDebtHelp.com
This special website was created by NY AG Andrew Cuomo specifically for reporting illegal debt collection practices. HE?S CRACKING DOWN AND SHUTTING THEM DOWN!
Also report your calls and contacts with debt collectors at http://www.budhibbs.com/index.html If the company is listed under agencies ? report there. If not on the list YET, click on Watchlist! and add to the list. You can also post here http://www.collectorsexposed.com/forum2/index.php?board=2.0
NY AG Throws Out 100,000 Default Judgments Against Consumers!
« on: July 22, 2009, 10:23:57 am »
ATTORNEY GENERAL CUOMO SUES TO THROW OUT OVER 100,000 FAULTY JUDGMENTS ENTERED AGAINST NEW YORK CONSUMERS IN NEXT STAGE OF DEBT COLLECTION INVESTIGATION
http://www.oag.state.ny.us/media_center/2009/july/pdfs/5015%20Suit.pdf
37 Law Firms and Collectors Named in Lawsuit for Failing to Properly Notify New Yorkers Being Sued for Owing Debt
Cuomo Seeks to Vacate Over 100,000 Faulty Judgments Statewide and Provide Restitution to Victims
New York, NY (July 22, 2009) - Attorney General Andrew M. Cuomo today announced his office has sued 35 law firms and two debt collectors in New York State in order to throw out an estimated 100,000 default judgments improperly obtained against New York consumers. This is the latest action in Cuomo?s ongoing investigation into unlawful debt collection practices.
According to the lawsuit filed yesterday in New York State Supreme Court, Erie County, the companies relied on a Long Island company, American Legal Process (ALP), to notify New York consumers that they faced debt-related lawsuits. ALP, however, failed to properly serve consumers across the state with legal papers, causing thousands to unknowingly default and have costly judgments entered against them without the chance to respond or defend themselves. In April of this year, Cuomo?s Office announced criminal and civil cases against ALP and its owner, William Singler, for this fraudulent business scheme.
Today?s lawsuit is an effort to provide relief to the thousands of consumers facing costly default judgments as a result of ALP?s unlawful practices. The suit asks the court to vacate all default judgments secured against New York consumers in cases in which the firms (1) used ALP to serve legal process in commencing a lawsuit, and (2) the firms are unable to provide the court with any evidence, other than ALP?s affidavit, that proper legal service was made.
?Our legal system is defined by due process and the guarantee that every New Yorker will get the chance to defend his or herself in court,? said Attorney General Cuomo. ?ALP?s scheme undermined the foundation of this system and denied thousands of individuals their day in court. Today?s lawsuit is a key step in our efforts to uproot unlawful debt collection practices and undo the considerable harm they inflict on New York consumers.?
ALP, as a legal process server, was hired by high-volume debt collection law firms in New York to serve legal papers, usually a summons and complaint, notifying individuals that they are being sued and must answer the complaint. ALP, however, allegedly engaged in ?sewer service,? where process servers take advantage of individuals facing lawsuits by failing to properly alert them and denying them the chance to respond. As a result, tens of thousands of judgments were obtained against unsuspecting New Yorkers, many of whom first learned they were being sued when they found their bank accounts frozen or their wages garnished. ALP covered up the fraud by falsifying sworn affidavits of service in courts across New York.
The law firms and debt collectors sued today then used these false affidavits to obtain default judgments against NY consumers. Between January 2007 and October 2008, these law firms and debt collectors filed more than 100,000 lawsuits in every county in New York State, with the vast majority of the suits being debt collection actions. In a large percentage of the cases sampled and analyzed, the defendants never answered the lawsuit and the law firms sought and obtained default judgments from the courts. In seeking the default judgments, the firms made use of ALP?s fraudulent affidavits that claimed that the individual defendants had been given proper legal notice of the suits.
To rectify ALP?s widespread fraud on New York?s courts and consumers, today?s lawsuit, filed on behalf of the Honorable Ann Pfau, Chief Administrative Judge of the New York State Unified Court System, invokes the broad remedial powers granted to New York?s administrative judges to correct improperly obtained default judgments. In addition to seeking to vacate all of the default judgments where the sole evidence that the defendant received notice of the suit is an ALP affidavit, today?s lawsuit asks the court to order the law firms and debt collectors to:
* Inform the New York State Unified Court System of each actions in which they used ALP to serve legal process and in which a default judgment was granted;
* Notify all the parties in those actions of the existence of this lawsuit and their right to be heard; and
* Notify the court of amount of any default judgments taken in any of the relevant actions, as well as whether the debtor paid any amount to satisfy the default judgment.
Additionally, where a default judgment is ultimately vacated, today?s suit asks the court to direct that proper restitution be made to any debtor who made payment on an improperly obtained default judgment. The Attorney General?s Office estimates that the average default judgment totaled approximately $5, 474.
Carolyn Coffey, an attorney with MFY Legal Services, a nonprofit provider of free legal services in New York, said: ?Over and over again we see hundreds of the most vulnerable New Yorkers -- the elderly, disabled, and working poor -- blindsided by default judgments in lawsuits that they never even knew about until after the cases were over. Our justice system is built on the basic premise that everyone has a right to be heard in court before a judgment can be entered against them, and the debt collection law firms that engage in sewer service deny New Yorkers this fundamental right. MFY commends Attorney General Cuomo for taking these steps to remedy the devastating effects of sewer service, and for sending the message to debt collection law firms that they must comply with the most basic requirements of due process.?
The law firms and debt collectors named in today?s suit are:
Forster & Garbus;
Sharinn and Lipshie;
Kirschenbaum & Phillips, P.C.;
Solomon and Solomon, P.C;
Goldman & Warshaw, P.C.;
Eltman Eltman and Cooper;
Eric M. Berman, P.C.;
Stephen Einstein & Associates, P.C.;
Fabiano and Associates;
Jones Jones Larkin O?Connell;
Panteris & Panteris, LLP;
Zwicker and Associates;
Relin, Goldstein & Crane;
Woods Oviatt Gilman;
Leschack & Grodesnky;
Hayt Hayt & Landau;
Pressler & Pressler;
Jaffe & Asher;
Mullen & Iannarone;
Arnold A. Arpino & Associates;
Houslanger & Associates;
Mann Bracken, LLC;
Smith Carroad Levy & Finkel;
McNamee, Lochner Titus & Williams;
Thomas Law Office;
Fleck, Fleck & Fleck;
Eric Ostrager;
Cohen & Slamowitz, LLP;
Cullen and Dykman LLP;
Winston & Winston, P.C.;
Cooper Erving & Savage, LLP;
Robert P. Rothman, P.C;
Gerald D. DeSantis;
Greater Niagara Holdings, LLC;
Rodney A. Giove;
Advanced Litigation Services, LLC;
and Jason L. Cafarella.
Attorney General Cuomo also announced that as part of his ongoing investigation into fraudulent process servers and debt collectors, his Office is determining which other law firms statewide relied on ALP to serve legal process on New Yorkers facing lawsuits. More than 20 such firms have been identified to date and his Office is notifying those firms of its intent to seek to vacate any default judgments those firms have obtained based on ALP affidavits of service.
This civil lawsuit and investigation is being handled by Assistant Attorney General James Morrissey and Assistant Attorney General Nathan Reilly, in conjunction with Dennis Donnelly, George Danyluk, Aric Andrejko and Dan Johnson of the Internal Audit Unit of the New York State Unified Court System.
| BR 2010-07-29 13:09:46 Unknown |
these butt heads keep calling for someone I've never heard of . returned their call this morning and they told me my phone number wasn't in their system???? Then why are they calling? how is their system calling me if they don't have my number Sounds to me like a phishing expedition
| Benne 2010-07-19 17:27:41 Debt Collector |
Who are these ceeps ? I have never had a bad debt in my life. How can I get them to stop callng me. Donlt have a clue how they got my cell phone number.
| yoacia 2010-07-19 17:15:56 Unknown |
these calls are annoying !! they call for someone I know and proceed to tell me that persons business. Isn't this against the law, disclosing info on someone you barley know
| UNKNOWN 2010-07-19 14:14:10 Unknown |
I have NEVER had a payday loan but I got a call on my house number. At one time I was checking out the payday loan information on the internet just to look at it but I NEVER went thru with it. So this is a SCAM!
| DON'T BE SCAMMED 2010-07-15 18:06:51 Debt Collector |
Read the Fair Consumer Credit Act. It is very clear what a debt collector can say when they call you. And more important what can be to anyone else that they might call in attempting to collect. Pay close attention. Even if you do owe money, you do have rights. Demand things in writing, do not agree to anything verbally. It is their job to intimidate you, but any collection agency including a law firm will work with you to resolve the debt
| Smarter than you 2010-07-15 17:29:25 Prank Call |
Obviously the person who keeps responding in ALL CAPS WITH RUDE MESSAGES works for this fraudulent company. Nice try but any intelligent person can see through your poor attempts at convincing people to take these calls seriously. Here's a thought... GET A REAL JOB, STOP CALLING PEOPLE TO SCAM THEM, and STAY OFF FORUMS LIKE THIS!
| REPORT 2010-07-12 15:17:57 Unknown |
IF ITS ATTACHED TO YOUR SSN# YOU SHOULD B CONCERND, JUST BECAUSE THE BANKING INFO ISNT CORRECT THAT DOESNT MEAN ANYTHING, PAYDAY LOANS CAN B TAKEN OUT IN SOMEONES NAME AND SSN# AND HAVE THE MONEY DIRECTLY DEPOSITED INTO SOMEONE ELSES BANK ACCNT! IT HAPPENS ALL THE TIME! THE ATTORNEY CAN RECOMMENT THE CLIENT WHO OWNS THE DEBT PURSUE THE MATTER FURTHER-- AND THEY CAN FIND OUT WHO RECEIVED THE FUNDS! THEY ARE CRACKING DOWN ON THESE! TOO MANY "CONSUMERS" THINK THEY CAN GET AWAY WITH THIS! ITS FRAUD! IF YOU DIDNT DO IT THEN FILE A POLICE REPORT TO PROTECT YOURSELF! IF YOU DONT, THEN YOUR ADMITTING TO THE DEBT AND THEY CAN SEND THE DEBT TO AN ATTORNEY IN YOUR AREA TO GET JUDGMENT!
| WRONG 2010-07-12 15:12:44 Unknown |
THEY ARE NOT XCONS(NICE SPELLING YOU MUST BE ONE) THEY DO NOT ACT OUT OF NIAGARA FALLS, MR. GIOVE JUST HAPPENS TO HAVE HIS MAIN PRACTICE IN NIAGARA FALLS. YOU CANT COLLECT AT ANY COMPANY IF YOU ARE A FELON, ITS A LIABILITY. IF WHAT THEY WERE DOING WAS ILLEGAL, HE WOULD LOSE HIS LICENSE TO PRACTICE IN NEW YORK STATE AND THE COMPANY WOULD BE SHUT DOWN. NICE TRY!
| YOUR A PAIN 2010-07-12 15:09:06 Unknown |
IT DOESNT MATTER IF YOU GIVE IT OUT, AGAIN. ATTORNEYS THAT WORK WITH THE INTENT TO SUE HAVE THE ABILITY TO FIND YOUR CELL # ADDRESS WORK INFO WHAT KIND OF CAR YOU DRIVE WHO ITS REGISTERD TO WHAT THE LICENSE PLATE # IS IF YOU OWN PROPERTY. DONT TAKE OUT LINES OF CREDIT AND NOT PAY THEM BACK UNLESS YOU WANT TO DEAL WITH BEING A "DEBTOR" IT WONT GO AWAY. IT WILL JUST GET WORSE!
| CALLBACK 2010-07-12 15:06:54 Unknown |
YOU GAVE YOUR WORK # ON THE APPLICATION! NOW ITS JUST EASIER TO VERIF EMPLOYMENT AND REQUEST TO THERE CLIENT THEY HIRE AN ATTORNEY IN YOUR STATE TO GET JUDGMENT! HELLO PEOPLE THIS HAPPENS EVERY DAY! PAY YOUR BILL!
| NOTSOSCARY 2010-07-12 15:05:36 Unknown |
LAW OFFICES HAVE A PROGRAM THAT GOVERNMENT AGENCIES USE TO LOCATE PERSONS. JUST BECAUSE THE PHONE # ISNT IN YOUR NAME DOESNT MEAN THEY CANT FIND OUT WHAT ADDRESS IT IS LINKED TO. PICK UP THE PHONE AND TAKE CARE OF YOUR RESPONSIBILITIES AND YOU WOULDNT HAVE THIS PROBLEM!
| PAY YOUR BILLS 2010-07-12 15:02:37 Debt Collector |
GIOVE LAW OFFICE IS A LEGIT COLLECTION LAW OFFICE. RODNEY GIOVE IS AN ATTORNEY OUT OF NIAGARA COUNTY IN WESTERN NEW YORK. HE IS HIRED BY PRIVATE INVESTMENT CORPORATIONS WHO PURCHASE DEBT WITH THE INTENT TO SUE. IF YOUR GETTING CALLS ON YOUR WORK NUMBER AND PERSONAL CELL NUMBER, IT IS INFORMATION THAT YOU PROVIDED ON AN INTERNET PAYDAY LOAN. PEOPLE USING THE INTERNET AS A WAY TO COMPLAIN ABOUT A LEGIT DEBT ISNT GOING TO MAKE IT GO AWAY! PAY YOUR BILL AND STOP TRYING TO RUN FROM IT. PEOPLE LIKE YOU ARE THE REASON WHY THE ECONOMY IS THE WAY IT IS! YOU CAN COMPLAIN AND SAY IT ISNT YOU, BUT 90% OF THE TIME IT IS. THESE CREDITORS HAVE THE ABILITY TO GET IP ADDRESSES THAT THE LOAN DOCUMENTS WERE SIGNED THROUGH ( YOUR COMPUTER A FRIENDS COMPUTER) THEY ALSO HAVE THE ABILITY TO GET THE BANK INFO FROM THE BANK ITSELF! DENYING IT WHEN YOU OWE IS ONLY GOING TO EVENTUALLY HAVE YOUR DEBT WITH AN ATTORNEY IN YOUR STATE WHERE THEY CAN LITIGATE AND ACUTALLY GET A JUDGMENT! WHAT YOU DONT GET IS THIS $400-$500 LOAN THAT YOU OWE CAN TURN INTO ALOT MORE IN THE LONG RUN. ATTORNEY FEES INTEREST COURT FEES ETC ARE AT THE EXPENSE OF THE DEBOTR~ SO PAY! YOU WILL GET PROPER DOCUMENTATION! ASK FOR IT!
| Pepper 2010-07-09 22:14:55 Debt Collector |
They left me a msg at my job stating that it was a civil matter and left a case number. Said I should contact Jeanette at 866.618.5732 x228. I won't be calling them back though. I will check that number out on this site, but am pretty sure I will see basically the same postings.
| annoyed 2010-06-30 20:00:42 Debt Collector |
This place not only called my cell, my parents home and vacation property claiming I had a payday loan from 2007?!?! Seriously??? Then to boot it was done thru Wells Fargo and I never banked there!
| bn2tt 2010-06-09 18:09:55 Debt Collector |
They called again today asking for my wife. They said they were about to serve her on an outstanding payday loan from 2009. They have called before and my wife told them she never had the loan. They even said she got it when she worked at Best Buy. My wife has never worked at Best Buy and we have never had an account at the bank it was deposited into, Frost Bank. I don't even know where a Frost Bank is.
| jakes mom 2010-05-18 22:05:24 Unknown |
This company is a pain calling to state I owe money that was put in a Bank in my name, did not bank at this bank or recieve the money!!!!!!
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