Exh. B: 11/9/09: my Affidavit in support of extension of time to answer

I, Christine Baker, declare under penalty of perjury, that the following is true and accurate to the best of my knowledge and belief:

  1. I specialize in working with consumers seeking to improve their credit rating or with financial problems.  Since 1994 I have documented and exposed at my websites systemic credit reporting and FICO credit scoring problems, fraudulent foreclosures, penny stock fraud, various credit and finance scams and illegal collection practices, see http://credit-reporting-collection-ftc-complaints.info/links/
  2. I researched Federal Debt Relief System (“FDRS”) when I first saw its advertisements in January 2008 and my published research about the FDRS fraud is at http://creditsuit.org/credit.php/blog/C158/ and at http://creditfactors.com/resistance/viewforum.php?f=9.  On 6/28/08 I launched my FDRS fraud blog at http://fdrs-debt-elimination-scam.info .
  3. The Defendant contacted me after finding my publications and I personally reviewed the Defendant’s FDRS online account information and the Citibank account referenced in this lawsuit was enrolled in the FDRS “debt elimination” program.
  4. FDRS typically charged about 30% of the outstanding balance of the enrolled accounts to eliminate these debts through 18 monthly payments and according to the Defendant’s FDRS online statement, he paid $2,922 to FDRS.
  5. After receiving the email addresses of over 400 (former) FDRS clients, I sent an email to all on 11/1/09, advising that FDRS is a scam and I suggested that they  stop paying FDRS and instead pool resources to retain attorneys and to obtain legal advice as many are being sued by creditors.
  6. I am contacting attorneys and consumer organizations to represent these fraud victims and I am also urging regulators to prosecute FDRS and its principals and managers.
  7. The Defendant advised that he found the Citibank summons and complaint taped to his door on 10/10/09 and I attempted to discuss this suit with the Citibank attorneys at Cohen & Slamowitz.
  8. On 11/5/09 (Wednesday night), I contacted Cohen & Slamowitz by fax, advised of the FDRS fraud and I requested Citibank’s assistance.  Chase Bank sued Hess Kennedy for a similar debt elimination scam and I provided the link to the online docket for the Chase case. [Exhibit A]
  9. I explained to Ms. Spivack that the Defendant needs an extension to answer and that I would greatly appreciate a response and Ms. Spivack then advised that attorney David Robinson was reading my fax and that he would get back to me.
  10. On 11/6/09, I called attorney Robinson’s direct extension, but only received his voice mail and I again spoke with Ms. Spivack and she faxed me the Affidavit of Service. [Exhibit B]
  11. Notably, the Affidavit of Service states that the summons and complaint were left at the Defendant’s door on 10/3/09, while the Defendant states that he found the papers on 10/10/09.
  12. The Affidavit of Service also states that the documents were mailed to the Defendant on 10/7/09, but the Defendant stated that he did not receive this mailing.
  13. As I still had not received a response from Cohen & Slamowitz, I sent another fax to Cohen & Slamowitz attorney David Robinson on 11/6/09, advising of the service discrepancies and asking why he did not respond to my request to stipulate to an extension to answer the complaint. [Exhibit C]
  14. On 11/6/09, I called attorney Robinson again and I left a detailed voice mail for him.
  15. To date, 11/9/09, 6:30 PM EST, I have not received a response from anyone at Cohen & Slamowitz.
  16. In July 2009, New York AG Cuomo filed suit to have over 100,000 collection default judgments vacated because the defendants were not properly served. [Exhibit D]
  17. My exhibits are true copies of the original.

Dated this 9thth day of November, 2009.

When Cohen & Slamowitz did not contact me, I confirmed receipt of my fax on 11/5/09 with Stephanie Spivack and she advised that no attorneys are assigned to active Cohen & Slamowitz cases until after an answer is filed.



6 Responses to “Exh. B: 11/9/09: my Affidavit in support of extension of time to answer”

  1. i am in litigation right now against slamowitz. they are the scum of the earth in the way they treat people. i personally would love to initiate a class action against them.

  2. Unless you are an attorney, you need a lawyer for a class action.

  3. how can i take action against Cohen & Slamowitz?

  4. i am paying this company and i thought it was my bill i never had a mastercard but the one with my bank i have all my receipet’s for paying theses people if i can get my money back i would like to get it i could use it if i don’t pay them they call and me all the time

  5. how can i take action aginst them i get ssi i do not get much money

  6. Judy, I’m not sure what happened.

    They got a judgment against you and you are paying them? And it’s NOT for your account?

    Please post some more info or contact me directly:
    http://liarsandcheats.info/contact/

    Christine