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my g/f has a legal problem

S

Stifko

Diamond Member
So my girl goes to deposit her paycheck in the bank the other day. After the check is deposited, the teller informs her that the account is frozen and to call a number for info. The number was for a collection agency. Cablevision took her to court, and served court papers to her old address. She never knew about the court date and they got a default judgement against her for $3500.00. That has now grown to $7000. It all stems from a cable box that they claim that she bought in 1999 from a company in FLA. She charged it on her credit card, the company got busted and they got her info from them. This is a real mess. Now she has to get a lawyer and open up the case to get the default judgement knocked out. That will probably cost $2000 in legal fees alone. If and when cablevision decides to serve her again with papers, she will need a lawyer again. She tried to negotiate with the collection agecy, but they want 85% of the $7000 judgement at least.

NE1 know of a good lawyer in NYC that handles these kinds of cases ?
 
Is there anyway that she could sue and get court costs included in her judgement?

KK

Edit: doesn't it mean when they serve papers, that they have an officer of the law personally deliver them?
 
Originally posted by: Skoorb
Hmm that sucks - did she in fact buy that box?
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yeah she did buy a device from them, and used a cc like an idiot.

I don't know how papers are served exactly, but she never got them.
 
Originally posted by: Drakkon
but its not illegal to buy a cable box i didnt think? its only illegal to use them...
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There is some loophole that was closed a few years ago about this. My old boss made tens of thousands selling those things. But once that law passed he dropped it like a bad habit.
 
I don't see how they won the case. She bought a cable box but they have no evidence she used it and they sued her in court? Something doesn't make sense.
 
Originally posted by: Fingolfin269
So, no one served her papers regarding the original issue? I'd be surprised if that's true.
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yes thats true, according to her former roommate, the landlady signed for them. My g/f was never served.
do you honestly think that the ppl who serve the papers really care if they perform a good service ?
 
It sucks that your girlfriend is going to have to get a lawyer for this, but I'm pretty sure that a landlady can't sign a legal document for your girlfriend. 😛
 
Originally posted by: Homerboy
I suggest calling an ATTORNEY 🙂
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Me too.

This sounds like the exact kind of thing that the judge would have let go with a slap on the wrist if she could prove that she got rid of the box, and that may still be possible, but the issue has obviously been severly complicated by not showing up in court, which really turns judges against you, because it makes them think you're irresponsible and disrespectful to the legal system.

Now that the issue has advanced to this point, it's probably best to bring in a pro who knows the steps to take to minimize the pain and expense.
 
Thanks for the help, she talked to a lawyer who suggested that she file a show cause order to vacate the default judgement herself. Then she will have to make a court appearence to plead her case on the cable box issue. She did complicate the issue tremendously by not appearing in court, but she did not know about the court date.
 
No advice here is sufficient except to contact an attorney. BTW, I served subpoenas before, so how did she not get one? We'd get the Sheriff's department to track her down if we couldn't...
 
Originally posted by: Stifko
Thanks for the help, she talked to a lawyer who suggested that she file a show cause order to vacate the default judgement herself. Then she will have to make a court appearence to plead her case on the cable box issue. She did complicate the issue tremendously by not appearing in court, but she did not know about the court date.
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If she can show that the landlady signed for the papers, then that may not is classified as being served.

Serving should mean that you are actually handed the legal document stating that you have a case to respond to.
 
Originally posted by: Fingolfin269
It sucks that your girlfriend is going to have to get a lawyer for this, but I'm pretty sure that a landlady can't sign a legal document for your girlfriend. 😛
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Yep, the point of being served is that it has to be given to the person (I learned it on that movie with chandler and liz hurley!).
 
Judgements are hard and expensive to overturn. Time may be an issue for her as well. How long ago was the judgement handed down?

She better get a good attorney.
 
She bought a 'cable box' from a company that got 'busted'... so she was stealing cable services and jacking up the price for the rest of us? Sorry, but she probably owes the money to the cable company.
 
And I bought blank CDs that can be used to copy music. Should I owe the RIAA money?
Or are you arguing that the place of purchase made the act illegal?

Originally posted by: Modeps
She bought a 'cable box' from a company that got 'busted'... so she was stealing cable services and jacking up the price for the rest of us? Sorry, but she probably owes the money to the cable company.
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