I got numerous emails from (former) FDRS clients who are being sued and decided to respond to their questions here.

I can’t give you legal advice and I’m not allowed to give legal advice since I’m not a lawyer.

If you’re being served, you’re probably very stressed and if you’re NOT judgment-proof, you need some time to assess the situation and your options, to look for an attorney to represent you or to file for bankruptcy.

When I was sued a year ago, I requested an extension of time to respond to the complaint and another FDRS client recently also filed a motion for a 4 week extension so he could try to get an attorney.

I’ve also requested continuances for court hearings in my cases and usually that was no problem.

What to file exactly depends on YOUR court’s rules.

If you have x number of days to respond to the summons with an answer or motion to dismiss and you want more time, you should first contact the opposing attorney and request an extension so you can look for an attorney before filing your request with the court.  Many courts require that you “consult” with the opposing attorney prior to filing motions.  Most attorneys will agree to stipulate to an extension.  If not, you might have an FDCPA claim against the attorney based on unfair practices.  I certainly don’t think that it’s fair to deny a request for extension of time to a pro se consumer.

I also had attorneys contact me for an extension and they never filed anything, but usually you do file a stipulation with the court.  And you should include a proposed order according to the court’s local rules.  Of course *** I *** would also consider it an unfair practice (FDCPA violation) if the attorney filed for default judgment after having told you that you have extra time.  Sometimes you just need to give them rope …

I get so much mail from readers, and especially FDRS clients, asking for advice based on the information in their email.

There’s really no way for me to give you advice unless I work 5 – 10 hours just to figure out what’s going on in your life.  It so happens I just posted the other day about this:  http://creditsuit.org/credit.php/blog/comments/reader_mail_telephone_credit_and_bankruptcy_consultation/

Many FDRS clients are dealing with the most infamous collection lawyers and I can easily spend 50 hours on people who are being sued. Researching the court rules and law firms, such as Mann Bracken and Cohen & Slamowitz and then trying to actually talk to an ATTORNEY is extremely time consuming.

IMPORTANT:  If you were served, make sure you get the AFFIDAVIT OF SERVICE from the opposing attorney or court.

It seems that process servers are filing affidavits with FALSE dates.  I’m still floored by the Cohen & Slamowitz DISREGARD of notice that the date was off by a week and that the defendant did NOT received the mailed copy.  In NY, you don’t have to be personally served if they made three attempts and they can post the summons and complaint to the door and mail a copy to the address.

The Cohen & Slamowitz MANAGER (not an attorney) told me that it didn’t matter because they’re not objecting to the defendant’s request for extension.  However, if the process server did NOT mail the summons and complaint, the defendant was not properly served and can file a motion to dismiss.

As far as I know, Cohen & Slamowitz has done NOTHING to investigate these issues even though they were named respondents in the NY AG suit against process servers who falsified the affidavit of service.

I also requested that they provide the FDRS client with copies of all correspondence received by him and even though I had explained that FDRS had sent the letters with his name on it, it looks like Cohen & Slamowitz is refusing to provide those letters.

ULTRA IMPORTANT:  Always RECORD all calls WITHOUT telling them (if legal in your state) because they WILL lie about what was said. 

Be courteous in all communications, don’t call them names, don’t be rude.  If you can’t record, make sure you follow up by email and fax regarding important issues.  Recorded calls are one of the best ways to get counter claims for FDCPA violations.

I hope you understand that I have a gazillion things to do and can’t work free of charge for just ONE person.

I’ve spent hundreds of hours to publicize the FDRS fraud and sure would like to see some regulatory action, but while so many want to be part of a class action, NOBODY is doing anything to make it happen.  And for the record, I never paid FDRS one penny and I have nothing to gain here.

Hopefully sometime soon I’ll get my new site done and feature many different “complaints” about scams, frauds and liars and then we’ll see what THE PEOPLE want me to work on.

Maybe I’ll find the time to post a sample motion for a continuance, please subscribe to this blog for updates.