I just posted the order and essentially, the judge doesn’t think that it matters WHEN a defendant was served and that the debtor failed to establish that the process server’s affidavit was false.
I find that odd, although maybe he should have added to his declaration that the documents were NOT posted to the door of his apartment when the server CLAIMED to have served him on 10/3/09. He did find the papers posted to his door a week later, on the 10th.
Apparently the judge concluded that he must have been out of town for a week and THAT is why he didn’t find the papers until the 10th.
So next is the complaint about the server to AG Cuomo.
And the million dollar question is what to do regarding this suit.
I’ll be posting about a lawsuit by Arthur Miller against Cohen & Slamowitz shortly as judge Mauskopf in FEDERAL court ruled against them. In light of that ruling last September, it is incredible that C & S CONTINUED to engage in conduct far more outrageous than in that case. To date, my client has NOT received any response to his 3/22/10!
And it’s about time we submit the complaint about Cohen & Slamowitz to the AG.
We have to find an attorney to file FDCPA counterclaims against C & W and to pursue Mark Cella and FDRS for the debt elimination fraud. I recently received a lot more information about Mark Cella and even his picture.
I suppose we’ll write the AG complaints first and then consumer attorneys can review those complaints.
Stay tuned …
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