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Jul 24, 2009 -- Law firms and collection agencies in alleged conspiracy

Clark has gotten calls dozens of times over the years where the caller says their wages were garnished or their account was emptied, yet they never even knew there was a judgment against them.

He would often think the caller wasn't leveling with him or perhaps just overlooked notifications to appear in court about the debt.

But now New York Attorney General Andrew Cuomo alleges that 35 law firms and 2 collection agencies conspired to forge documents saying that people were served with notice of a debt -- even though no effort was ever made to serve papers!

Under this circumstance, a judge could then enter a default judgment for the lawyer or the collection agency if you didn't show up in court.

Such a default judgment allows the collection agency to take money from your checking or savings account, usually up to one-fourth of your paycheck.

The average individual had $5,500 stolen from them through this alleged criminal activity. In total, the amount taken from New York residents -- and this is just the tip of the iceberg -- is over $500 million!

This is beyond anything Clark could have ever imagined. Sometimes he thinks he's heard it all and then something like this comes out. It is his sincere wish that if the allegations are true, every last culprit go to prison.

Know that if someone serves you a summons, you should go to court and defend yourself. Don't ignore it unless you want to automatically receive a default judgment and have your wages garnished over a debt you may or may not owe!

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

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What others are saying

  • Collecting Agency / Student Loan
    I have been living in Germany for 25 years. A few months ago a collection agency called me at work and said I owe the United States government $37,000 for defaulted student loans and I have to start paying now or they will start garnishing my wages through a subsidiary in the US. I thought it was a joke. I paid back my student loans in 2005 and have a letter from the financial aid department stating this. It turns out: The university only deferred and notified me of part of what I owed the other part of the loan went over their office, but they were not responsible for telling me. So now almost 27 years later and much accrued interest and a default to a collection agency the original $5,000 is now $37,000. How is it possible that I was never contacted or told or why wasnÄt all the information I was sending the University not go to them as well. They defaulted, because they said they didnt know where I was. I was sent here by the university as a foreign exchange student, kept in close contact with the financial aid office and even stopped by. I have all the paperwork!! And finally they decided to google me to tell me now I owe $37,000. This has to be illegal! Can they ganish my wages in Germany and do I really have to pay $30,000 in interest and collection fees. I never receive one single letter or notice! I would have paid it off as I did my other loans! What are my options?
  • summons for a debt I don't even have
    I have been getting letters from a collection agency for a trucking school loan, I have never taken. I have sent them a certified drop dead letter to them. When the "attorney" sent me a collection notice, I sent them a certified "drop dead letter" as well. Now, I have recieved a summons to a court in Tennesee. (I live in Florida. The company is in Missouri.) I checked my credit and there are no lates on there for a "loan" anywhere. How should I proceed?
  • Fraudly True
    My brother just called me that his wife paychecks was garnished for debt on trips she had never took. They never recieved any kind of mailing or documents. I advised him to go see his lawyer.
  • what if this is happing to you now?
    Hello Clark.
    I never thought I'd be writing you but this very issue is happening to me right now, I received a call from a lawyer today asking to speak with me about my case. He admit they've sent nothing to me in writing but said I have a case in Superior court Friday. Since I've not be notified by the courts and the debt is from 1994 disputed charge on a store credit-card. I don't believe it is collectible but wonder what others think
  • Need names of law firms involved and credit agency's
    when will the law firm's names be revealed
  • It's True
    Law firm in southern part of my state sent me a outdated court paper stating that if I didn't contact them within 10 days I would default. No explanation or anything. I took document to local courthouse and had them look up the case number. Case was dismissed 6 months previously. Paperwork stated I was properly served at that time frame. I had never been served at anytime for anything in my life. Contacted an attorney and found out that this law firm and collection agency had a history of using these kind of tactics, which is illegal. Lawfirm is now being sued.
  • Liars (I mean lawyers) and debt collectors
    I had this exact same thing happen to me. The process server filed paper work showing that he physically served me at home in the USA, when I had documented proof I was in Canada on the exact same date! The judge was not amused when I told her what happened, but refused to either censure the lawyer or dismiss the case. The lawyer did have to make a 240 mile round trip specifically for this appearance, so at least I got some satisfaction out of the whole charade. I ended up later paying off the entire debt owed by refinancing my house. This happened in 2005 in Arizona.
  • debt
    if a cerdit card debt is over 8 to 10 years old and been closed why is the credit union still charging a finance fee. and after 5 yrs is it not suppose to be wrote off.
  • It's really happening.
    While I don't know that there's a complex conspiracy going on, I do not that falsifying default affidavits is a common practice among high-volume consumer collection attorneys. In fact, I am today filing one motion to open a fraudulent default today and will then sue the collection agency and their attorney in federal court.
  • "legal fraud"
    There is more here than meets the eye. The law firms are supposed to state under oath that they have served papers or made contact with the defendant by certified mail. These lawyers should be facing perjury charges and loss of their law license. Dont hold your breath for that to happen
  • Conspiracy Theory Nonsense
    As an attorney myself, I can tell you that the Atty General of New York doesn't participate in conspiracy theories. If those companies are being investigated, it's for good reason.
  • This is a surprise to anyone?
    I know for a fact that a lot of fraud is committed due to flawed procedural law. Courts used to be in charge of notifying litigants of scheduled hearings which kept this kind of thing in check, but not anymore. "Forgetting" to mail out a proof-of-service form to gain advantage in a civil case happens all the time, and even when Judges or aides scritinze paperwork closely, it's very easy to pull this off. I've seen it happen many, many times in my own jurisdiction. It's called WIN at all costs, and it works.
  • What the F#$% Over
    Sounds like this needs to be a capital crime for these law firms and the collection agency for all who are involved in this fraud. That might clean this crap up once and for all. And the big banks and politicians damn sure don't have your best interest in their heart when they deal with you and your money. they just want to screw you out of as much they can. They can really tell some whoppers if you let them and don't call them out and call it B.S. right then. My own Grandpa told me many years ago that it you started putting up with the crap, then you will have to keep on putting up with more so best not put up with it to begin with! Stand you Ground.
  • ANOTHER Conspiracy Theory
    Clark, I agree with you on most things...but this is a bit too much.

    I guess next you'll say that big banks and U.S. politicians are working together to make their families rich while bankrupting the middle class in the U.S. HA!

    While I appreciate your intent, these types of accusations are crazy, nutty, and should be reserved for libertarians and other conspiracy thinker "wackos" only.

    These types of accusations get in the way of the rest of us trying to purchase things and watch Fox News.

    Other than that, I enjoy the heck out of your show!
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