12/13/09: my declaration for Defendant’s motion to dismiss

I first provided the declaration on 12/13/09 and then had it notarized on 1/14/10 for him to submit as his original filing was rejected due to NY requirements for a notice of hearing and I STILL had not received anything from Cohen & Slamowitz.

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. As I explained in detail in my 11/9/09 Declaration attached to the Defendant’s motion for enlargement of time, I have been attempting to resolve the issues raised in the complaint with the Plaintiff’s attorneys Cohen & Slamowitz and I subsequently discovered the discrepancies between the affidavit of service and the actual service.
  3. My 11/6/09 fax to Cohen & Slamowitz addressing the service discrepancies is attached to my 11/9/09 Declaration as Exhibit C.
  4. I received no response from Cohen & Slamowitz.
  5. On 11/24/09 I again called Cohen & Slamowitz and I asked to speak to the attorney in charge of this case. I was eventually transferred to Lisa D’Alessio who stated that she was a manager.
  6. According to Ms. D’Alessio, nobody at Cohen & Slamowitz had contacted the process server and she stated that since the Defendant received the summons and complaint and they are not objecting to the Defendant’s motion for extension of time to answer, a false affidavit of service is irrelevant.
  7. I requested that Ms. D’Alessio provide us with copies of all correspondence received by Citi and Cohen & Slamowitz in the Defendant’s name and I once again had to explain that the Citi account had been enrolled with Federal Debt Relief System (FDRS) and that FDRS had also sent out letters under his name and refused to provide copies.
  8. Ms. D’Alessio confirmed that David Robinson was the attorney for this case and that she would forward my request to him.
  9. Despite my numerous attempts to clarify and resolve the issues, I have not received a response from anyone at Cohen & Slamowitz and I have not received the requested correspondence.


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