In 6/09, Citi Bank sued a reader after he had enrolled in the fraudulent FDRS debt elimination program. Cohen & Slamowitz represented Citi and hired Rondout Legal Services to serve him with the complaint and summons.
On 10/10/09, the reader found the papers at his front door.
We reviewed the affidavit of service and noticed that process server Mark McCumber falsely stated that the papers were posted on 10/3/09 and that he also claimed to have mailed the papers to the reader. The mailing was not received by the reader. We posted Mark McCumber's affidavit of service on our blog about the Cohen & Slamowitz unfair collection and litigation practices.
On 10/5/09, two days after the papers were allegedly posted at his door, the reader's landlord had been asked by a process server whether the reader resided at the address.
The reader filed a motion to dismiss and the judge denied it because he didn't think it was relevant WHEN the papers were served (no default judgment was entered) and the reader did not have absolute proof.
The reader has NO legal skills and of course no money to retain an attorney to conduct discovery, take depositions and to get a picture of Mark McCumber so his landlord could identify him.
On 8/11/10, Kim Letus posted comments at the Cohen & Slamowitz blog and she demanded that we remove the "false" accusations from Liars & Cheats EXPOSED:
I asked Ms. Letus to provide a picture of Mark McCumber so the reader's landlord could take a look.
Ms. Letus failed to provide the picture and she failed to answer any of my questions. Instead, Ms. Letus threatened to visit the reader at his home and to talk to his neighbors.
Ms. Letus attempted to "out" the reader by posting his full name and address at the blog.
Fortunately, comments submitted at Liars & Cheats EXPOSED are reviewed prior to publication.
Ms. Letus promised that her attorney would contact us. We did NOT delete the accusations. To date, no attorney contacted us on her behalf.
In 2009, NY AG Cuomo had over 100,000 default judgments in New York vacated due to falsified affidavits of service.
Debt collection attorneys work with process servers who receive LOTS of business in exchange for very LOW cost service. Since MOST debt collection lawsuits result in default judgments, the risk of getting caught when making false statements under oath (perjury) on the affidavits of service is extremely low.