Two weeks ago, the Office of Cohen & Slamowitz issued a levy against me concerning a disputed debt owed to First Consumers National Bank which went bankrupt in 2003. Despite the fact that I paid the account in full, Midland Management took over FCNBs debt accounts. Somehow or other, my account was listed as one of those who still owed FCNB. Last year Cohen & Slamowitz sent me notification that they were issuing me a court order to pay said debt. I informed them via letter (not certified) that I was requesting verification of said debt because, according to the best of my knowledge, said debt was paid in full over four years ago.
First, the levy imposed was placed on my wife and son's account, whose name is the same as mine. Their account was frozen and Cohen & Slamowitz had to be contacted to order CITIBANK to rescind the levy. CITI informed my wife that a letter of apology would be forthcoming but to date, it has not. Cohen & Slamowitz indicated that they had sent CITI the correct SS# and that it was their fault.
The following day, I realized my own account was frozen. The date was friday, September 5th. On Wednesday, September 10th, I went to the Queens County Civil Court and requested an "Order to Show Cause to Vacate Default Judgement and Place on calendar" for September 22. Following the instructions of the court clerk I sent to Cohen & Slamowitz, and City Marshal Capuano, copies of the "order" via registered mail, return receipt requested. The return receipt from City Marshal Capuano has been received but not Cohen & Slamowitz.
From September 5th up to the date of this report, my bank, Commerce Bank has charged my checking account $490.00 in NSFs because of the levy imposed by Cohen & Slamowitz. As part of the record submitted to the Court on September 10, I submitted copies (38 pages) of my cancelled checks (front/back) indicating payment to the FCNB account, including a ltter addressed to one FCNBs customer service reps who instructed me to include said note as final payment.
My account is still frozen. All of my monthly electronic payments have bounced. And while Monday is four days away, I have just received notice from our realtor that we are about to be dispossessed because of the bounced check for the rent on our apartment.
Cohen and Slamowitz (pun on the name indeed) are as many of the current debt collectors out there, slime. And while it angers me greatly, I intend to have my day in court. I will be looking into a "class action suit against them.in researching several of their cases, it appears that the courts and the banks are working with them instead of the consumer.
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