You get home from a long day, flip through a stack of junk mail, and there it is. A crisp, white envelope with a Commack return address. Forster and Garbus NY has entered the chat, and honestly, it’s rarely a friendly greeting.
Maybe you’ve seen their name on a credit report or received a summons that looks terrifyingly official. You aren't alone. This firm is one of the heavyweights in the New York debt collection world, but there is a massive gap between what people think is happening and the reality of how this law firm operates.
Who Is Forster and Garbus NY, Anyway?
Essentially, Forster & Garbus LLP is a "collection mill." That sounds harsh, but it’s the industry term for a law firm that handles a staggering volume of cases. They aren't just a group of lawyers sitting around a mahogany table debating philosophy. They are a high-speed engine for banks and debt buyers.
They represent the "big guys." We’re talking:
- Discover Bank
- Citibank
- Capital One
- Navient (student loans)
- Midland Funding (companies that buy old debt for pennies)
Based in Commack, Long Island, they’ve been around since 1971. But don't let the age fool you—their modern operation is built for scale. In a single three-year window, just a handful of attorneys at the firm filed nearly 100,000 lawsuits.
Think about that. 100,000.
That is more than 90 lawsuits a day, every single day, including weekends. It’s physically impossible for an attorney to "meaningfully" review every single one of those files in a standard workday. This exact issue eventually landed them in hot water with the feds.
The CFPB Takedown and What It Means for You
In 2023, the Consumer Financial Protection Bureau (CFPB) basically called "time-out" on their operations. The government alleged that Forster and Garbus NY was filing suits without actually knowing if the debt was valid. They were effectively rubber-stamping legal documents.
The settlement was a wake-up call. The firm was hit with a $100,000 penalty and—more importantly—new rules. They are now prohibited from filing new lawsuits unless they have specific documentation in hand.
Why does this matter to you? Because if you’re being sued by them right now, there is a decent chance they might not have the "receipts." If they can't prove you owe the money, or that they have the right to collect it, the case can fall apart.
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The "Sewer Service" and Missing Court Dates
One of the biggest complaints you'll see on the BBB or ConsumerAffairs is people claiming they never knew they were being sued. They find out when their bank account is suddenly frozen or 10% of their paycheck disappears.
This is often linked to "sewer service." No, it’s not literally in a sewer. It’s when a process server claims they delivered your court papers but actually just threw them in the trash (or the sewer).
If you didn't get the papers, you didn't show up. If you didn't show up, they win a default judgment. It’s the easiest win in the legal book. Honestly, it’s how they make most of their money.
If this happened to you, it’s not necessarily "game over." In New York, you can file what’s called an Order to Show Cause to "vacate" the judgment. Basically, you’re telling the judge, "Hey, I never got these papers, and I have a real defense." If the judge agrees, the judgment is wiped out, and you get to fight the case on its merits.
Can You Actually Settle with Forster and Garbus NY?
Yes. In fact, they usually prefer it.
Litigation is expensive for them, too. They want the quickest path to cash. If you call them up, don't expect a warm welcome. They are debt collectors first, lawyers second.
Negotiation Realities
Most people find that offering a lump sum is the best way to get them to go away. If you owe $5,000, and you offer $2,500 today, they might bite.
But be careful.
If you start a payment plan, you might accidentally "reset" the statute of limitations. In New York, the statute of limitations for most consumer debt is now three years (it used to be six). If your debt is older than three years and you haven't made a payment, they might not be able to legally sue you at all. But the second you send them five bucks, that clock starts all over again.
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Tactics That Actually Work
If you’re staring at a letter from Forster and Garbus NY, don't just ignore it. That is the only way to guaranteed loss.
- Demand Validation. You have a right under the Fair Debt Collection Practices Act (FDCPA) to tell them to prove it. Do this in writing. Use certified mail.
- Check the Statute of Limitations. If the debt is ancient, tell them.
- File an Answer. If you get a summons, you have a limited window (usually 20-30 days) to respond. Even a simple "I deny these allegations" forces them to work for it.
- Look for FDCPA Violations. Did they call you at 10 PM? Did they call your boss? Did they threaten to put you in jail? (Debt is civil, not criminal; you aren't going to jail). If they messed up, you might be able to sue them.
Real Life Examples: The Good and the Ugly
I’ve seen cases where people settled for 30% of the balance because the firm realized their paperwork was a mess. One person discovered the "original creditor" listed on the lawsuit didn't even exist anymore.
On the flip side, I’ve seen people lose $10,000 from a savings account because they thought "I'll just handle it later." Later never comes in the legal world; deadlines do.
Dealing with Forster and Garbus NY is sort of like a game of poker. They are betting that you don't know the rules. Once you show them you do—by filing an Answer or demanding proof—the "easy win" disappears, and they become much more willing to talk.
What You Should Do Right Now
If you have a judgment or a pending lawsuit with this firm, your first move is documentation. Pull your credit report. See when the last payment was made. If there is a judgment, go to the courthouse and look at the "Affidavit of Service." If the description of the person they supposedly served doesn't look like you, you’ve got a massive piece of evidence.
Don't give up your power. They count on your fear and your silence.
Take these steps today:
- Locate your last statement from the original creditor to verify the actual balance.
- Draft a "Debt Validation Letter" if you are within 30 days of their first contact.
- Consult a consumer defense attorney if your bank account is already frozen; many offer free initial chats to see if your judgment can be vacated.