Consumer complaint received 2018-08-29
Company: Forster & Garbus LLP
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
Forster and Garbus LLC I spoke with the Forster and Garbus compliance department on XX/XX/XXXX, at XXXX ext XXXX after receiving in the mail an Execution of Income ( wage garnishment ) from the Sheriff 's Department of XXXX XXXX, New York ( Index Number XXXX ). I am well aware of my rights under the Fair Debt Collection Practices Act ( FDCPA ) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in XXXX XXXX, New York has expired in addition I was never properly served papers to formally address this issue in a timely matter. This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting and harassing my family and myself by phone on any number, regarding this or any other matter. You may contact me in writing to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws to remove the wage garnish for this debt and judgment and vacate it. Be advised that I consider any contact not in accordance with the Fair Debt Collection Practices Act a serious violation of the law and will immediately report any violations to my State Attorney General, to the Federal Trade Commission and, if necessary, take whatever legal action is necessary to protect myself. Be advised that I reserve the right to record all phone calls and violations of the FDCPA can result in you or your company being fined up to {$1000.00} or more. 

Formal opportunity to address this debt was never offered, therefore I consider this surprise tactic on the companies behalf deemed threatening and abusive. Forster and Garbus have a long list of more than 25 lawsuits against them for this common practice of gravely misleading the consumers. Forster & Garbus, LLP frequently sues consumers for payment of bad debts. Other times, they are found to be engaging in harassing and abusive behaviors such as this and now they have placed me at high risk of losing my job and providing for my family. 
According to Forster and Garbus I was personally served documents on Thursday, XX/XX/XXXX, at approximately XXXX XXXX. I was not home on that evening. My family including myself were in attendance at a high school gym wrestling dual to watch my son wrestle. I have witnesses that can confirm this. Again, I never received written documentation about this debt prior to being informed by the Sherrif 's Department of a wage garnish, not a phone call or message. I was NEVER offered the opportunity to address this formally or defend myself. 
According to Forster and Garbus, I owe an amount on a XXXX XXXX credit card of {$5100.00}. I do not believe I owe what you say I owe therefore I dispute this debt. This is not indicated on any of my credit reports and I have no recent bills or notices in my possession indicating any valid amounts owed. 

I was not properly served, I was not home at the time they indicate that I was. I have witnesses to prove I was not home. I would also like to add this is how I found out about this debt. Forster Garbus indicates they sent mail in XX/XX/XXXX and in XX/XX/XXXX, I have nothing in my possession that could verify this. Again, I have never received anything from Forster and Garbus in relation to a debt or a collection or a wage garnish until today! Complaints filed against this firm the tactics used by this company to collect money is a common unethical practice. I am taking this very seriously as I am now in jeopardy of losing my job! I am the primary wage earner for a family of five and one getting ready to go to college. This is unacceptable and unfair practice.

Company response to consumer: Closed with explanation