Expert: Jason Shear, Esq. - 6/30/2009

Question
I have been contacted repeatedly on my message machine by a firm called Forster and Garbus in New York State. And I received 1 letter saying there was a judgement against me and they were searching for assets. Before returning the call I did a little internet search to see if there was anything I should know before talking to them.  Indeed, the State Attorney General's Office has a class action civil lawsuit against them (recent).  I finally reached the representative and he asked if my bank account had been frozen yet (it hasnt).  He said there is a judgement against me yet I have never been served with any papers.  And this "sewer service" is exactly what they are being investigated about.  Obviously, I am reluctant to give them any information about myself or to enter into an agreement given their reputation.  He said the creditor would accept a payment plan up to 24 months.  I told him I wanted it in writing(I have seen conflicting info on whether they have to do that or not) and asked for a fax number to send my intentions.  I tried the fax number a half a dozen times and it never answered.  I then sent the letter certified return receipt requested.  It was accepted at their office.  I have left atleast ten voice mails since June 16th. They are never answer despite published office hours. It is a legitimate debt that I want to settle but feel now I should have proper representation as I dont trust them and the clock is ticking and I dont know what might happen next as the one letter I received from them said they might have to send out the sherrif.  It seems I need to incur more expenses to secure a lawyer to represent me on someone elses illegal practices?  Do I have any recourse against them for legal fees if it is proven they acted improperly?  Should I contact the State Attorney General's Office directly?  Thanks in advance for your expertise.

Answer
Melanie:

Yes, this is something I can assist you with.  Thank you for contacting me.  If they do have a judgment against you or if they are suing you, there really is nothing the State Attorney General's Office can do about that.  Please contact me directly and I will be happy to assist you with this matter, as it would be too lengthy in this format to try to explain all the details of how to proceed going forward.

Jason Shear
Attorney at Law
Admitted in NY & NJ
(716) 566-8988