Hello! I am in NY, and I was given default jugment against me. I found out that "Affidavit of Service" was all false statements made by an individual. Naturally, CA has the advantage of getting default judgments. In addition, I found a tranfer affidavit from Citibank to this CA that only states the name of the person at Citibank, the amount, the percent of interest, and the date of transfer. The "Affidavit of Service" shows the indivual suppoosedly came three times before he posted a note at my door. Second, he mailed a letter to me via USPS (regular mail as nothing certifed or registered mentioned), 3rd, he took oath that he asked that individal about my milityary service and received negative response. I know for sure that all is so bogus. All above three are false. Obviously, they wanted a default judgment against me in order to freeze my accounts without my knowing of any lawsuit. Question 1) What mode of summons delivery services are required in NY state? The indivudual used a name of an apt. resident next to me as someone that never lived there. It is a made up name. Q2) Is that a good defense?-If I were to somehow find a way from the resident of that apt. that no one with such name lived there Q3) Will that make the final judgment in my favor? Q4) Will the above proof of willful misrepresentation in "Affidavit of Svce" constitute possible FDCPA (section 807) violation and a civil case for me against the CA? Q5) What is the SOL on credit card collection in NY? Q6) What is a "Factoring Account"? (as stated in my "Loan type" in my Credit Report) I have been able to reopen the case and have a hearing on the 16th. In the meantime I just have to bring proof of my mailing to the CA lawyer about the hearing. Q7) If the lawyer does not show up for the "Show Cause" hearing, do I get automatic judgment in my favor in NY? Q8) Can the CA that has won a judgment against me only freeze the bank accounts that have branches in NY state? Q9) If I were to open an account with an online bank, such as ING direct, will that be safe from being frozen by the CA? Q10) A general question-Is hidden voice recording legal in NY State/City? Please respond with any firmed information you have. I am now even more determined to fight off that dishonest CA that used deceptive ways to freeze my account. Thanks for any help!
