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7/30/2019 Complaint to the New York City Bar Association against Attorney Gil Kreiter for Negligence, Misrepresentation
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SUPREME COURT, APPELLATE DIVISION
FIRST JUDICIAL DEPARTMENT
DEPARTMENTAL DISCIPLINARY COMMITTEE
NEW YORK, NEW YORK 10006
(212) 401-0800
Jorge DopicoChief Counsel
Complainant
Name: James Alan Bush
Address: 2967 Sherbrooke Way
San Jose, California 95127
Telephone: (408) 569-1634
Attorney Complained of
Name: Gil Kreiter
Address: 242 West 104st Street
New York, New York 10025Telephone: (718) 360-1354
Complaints to other agencies
Have you filed a complaint concerning this matter with another bar association, district attorney's office
or any other agency?
If so, specify the name: New York County District Attorney's Office
Action taken by agency: A complaint was submitted on November 28th, 2012
Court action against attorney complained of
Have you brought a civil or criminal action against this attorney?
If so, name of court: N/A
Complaint
I am a California plaintiff that was awarded a civil judgment against an Indiana defendant; I retained
New York Attorney Gil Kreiter to collect the judgment, as Indiana will not enforce a civil judgment
obtained in California without a hearing, and only then by obtaining another judgment in an Indiana
court. I was referred to Mr. Kreiter by California Attorney Mark Shapiro, who owns and operates a
judgment collectors referral service, JudgmentBuyers.com, on or around May 15th, 2012, for
representation for the Indiana case [see Attachment A]. Upon signing a retainer agreement with Mr.
Kreiter, I filed the requisite affidavit reassigning the California judgment to Mr. Kreiter in the Superior
Court of California on July 30th, 2012 [see Attachment B].
Having failed to receive any progress updates from Mr. Kreiter since the reassignment of judgment to
him, I requested the status of the case on August 10th
, 2012; on September 4th
, 2012, nearly one monthlater, Mr. Kreiter indicated that collection would begin within 10 days after filing, even though Indiana
law explicitly prescribes a 30-day notice of hearing on the judgment, and specifies that, if obtained, is
subject to laws governing the enforcement of such comparable to most other states [see Attachment
C].
On September 20th, 2012, and without any contact from Mr. Kreiter for almost two weeks, I again
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requested the status of the case; four days later, Mr. Kreiter stated that judgment was obtained, and that
payout of the monetary damages award were pending a search of bank records for any assets belonging
to the defendant that could be garnished. Mr. Kreiter stated further that this search was a function of the
clerk of the presiding court, which typically took about three weeks to complete [see Attachment D],
even though Indiana law does not specify asset searches as a function of any court of that state.
Accordingly, I contacted Mr. Kreiter on October 1st, 2012, and requested copies of any and all casedocuments [see Attachment E]; however, I did not receive a response from Mr. Kreiter until October
18th, 2012, which reiterated what was clearly the false claim pertaining to court-conducted bank records
searches, and which was then followed by a flirt from Mr. Kreiter via an online dating service on
October 27th, 2012 [see Attachment F].
Although Mr. Kreiter claimed on multiple occasions that a judgment was obtained in the Indiana case,
and that the payout in the amount of the monetary damages awarded were pending a bank records
search, a review of the case file at the Johnson County Courthouse in Franklin, Indiana, conducted by
me personally on November 21st, 2012, showed that the case is still in the initial filing stages, and that
the defendant has not even been served. Moreover, it was discovered that the defendant had evaded
service of summons, which has gone unnoticed and unaddressed by Mr. Kreiter for over three months
(since August 23rd, 2012) [see Attachments G and H].
After discovering the discrepancy between the case docket and Mr. Kreiter's claims, and prior to
confronting Mr. Kreiter, I contacted Mr. Shapiro, the referring attorney, for advice on handling the issue
on November 23rd, 2012 [see Attachment I]; however, Mr. Shapiro was unwilling to be helpful in this
regard [see Attachment J]. Mr. Kreiter was forwarded a copy of this e-mail.
On November 24th, 2012, I again requested the status of the case by forwarding a copy of my
September 4th, 2012, request to Mr. Kreiter; that same day, Mr. Kreiter stated that the bank records
search was still pending. Over the course of the next two days, I requested supporting documentation,
and otherwise worked to refine my request to Mr. Kreiter for such documentation, as he appeared to
dodge my request in his response and clarification on the claims [see Attachment K].
Because he was forwarded a copy of the case docket showing that only the initial papers had been filed
[Attachment G], as well as a document describing the attempted (but failed) service of summons
[Attachment H], in the e-mail sent to Mr. Shapiro on November 23 rd, 2012 [Attachment I], Mr.
Kreiter had readily available to him current and accurate information regarding the status of the case,
thereby eliminating any confusion or ambiguity pertaining thereto; moreover, in having been provided
these documents, the implied demand for an explanation of the discrepancy should have been met with
honesty.
Instead, Mr. Kreiter dodged my question for two days by answering questions that were never asked,
and even reiterated his claim that judgment had been obtained in the case, even while the
aforedescribed documents presented to him contradicted said claim [see Attachment L], and even
though he was informed that a subsequent visit to the Indiana courthouse did the same [see AttachmentM].
SIDENOTE
An anonymous e-mail was recently received, stating that Mr. Kreiter is not an attorney, and that I was asucker for thinking so [see Attachment N].
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To-date, Mr. Kreiter has never provided a satisfactory answer, and has otherwise failed to indicate how
he intends to resolve the matter and advance the case to the next logical step.
Based on the ethical standards and rules of professional misconduct, as provided by the New York City
Bar Association, Mr. Kreiter's conduct and actions constitute both neglect and misrepresentation, in that
(1) he has repeatedly and consistently failed to communicate with a client (by and through his refusal to
provide requested court documents showing the status of the case), and has failed to take action for animproperly refused service of summons by the defendant; and, (2) has willfully failed in his lawful duty
to accurately represent the status of a case for which he is providing representation.
X
Signed Dated
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ATTACHMENT A
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James Bush
We Found a Judgment Enforcer for Kathy Bickel
Mark Shapiro Tue, May 15, 2012 at 7:27 AMTo: James Bush
James Allen Bush,
good news.
We found the right judgment enforcer for your1-08-CV-116514 Kathy Bickel, judgment.
The Judgment enforcer we strongly recommend is -
Mr. Gil Kreiter291 14th StreetBrooklyn, NY 11215
[email protected] Bloomingdale Road Judgment Recovery.http://www.BRJudgementRecovery.com
I sent Gil everything on your Judgment # 1-08-CV-116514(our Judgment listing # 1375)including the judgment, what you sent me, and your contact info:
I suggest you contact each other by email first.
Finally, we found the right Judgment enforcer for you.
Nothing is guaranteed, but Gil is really good.
===
Thanks! Mark D. Shapiro - Judgment Catalyst/Broker.V: 408-945-4240, Fax: 206-267-9857, SJ, CA."Good for everyone except debtors."Check out: http://www.JudgmentBuy.com
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ATTACHMENT B
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James Bush
Receipt for notary services
James Bush Mon, Jul 30, 2012 at 12:24 PMTo: Gil Kreiter
IMG_20120730_122113.jpg360K
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ATTACHMENT C
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James Bush
Status of collection6 messages
James Bush Fri, Aug 10, 2012 at 10:46 AM
To: Gil Kreiter
Hello, Gil:
Do you have any hearings calendared in the Bickel case yet?
Just tring to set my expectations realistically here, and I know that a hearing is the next step after filing the affidavits Isigned.
Please let me know
Gil Kreiter Fri, Aug 10, 2012 at 11:39 AM
Reply-To: Gil Kreiter To: James Bush
Just sent the papers in to Johnson County.
Kathy Bickel is living in Greenwood, she
doesn't own the house on Seafan in Indianapolis.
From: James Bush
To: Gil Kreiter Sent: Friday, August 10, 2012 12:46 PM
Subject: Status of collection
[Quoted text hidden]
James Bush Fri, Aug 10, 2012 at 3:09 PMTo: Gil Kreiter
That brings us one step closer. Pleased to hear it.
[Quoted text hidden]
Gil Kreiter Fri, Aug 10, 2012 at 3:12 PMReply-To: Gil Kreiter To: James Bush
Also, there is no waiting period in Indiana, so as
soon as it is docketed, we can start collection.
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From: James Bush
To: Gil Kreiter
Sent: Friday, August 10, 2012 5:09 PM
Subject: Re: Status of collection
[Quoted text hidden]
James Bush Fri, Aug 10, 2012 at 3:13 PMTo: Gil Kreiter
One more thing: that means up to 30 days, if uncontested, right?
On Aug 10, 2012 11:39 AM, "Gil Kreiter" wrote:[Quoted text hidden]
Gil Kreiter Fri, Aug 10, 2012 at 3:37 PMReply-To: Gil Kreiter To: James Bush
10 days
From: James Bush
To: Gil Kreiter
Sent: Friday, August 10, 2012 5:13 PM
Subject: Re: Status of collection
[Quoted text hidden]
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ATTACHMENT D
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James Bush
Fwd: Re: New address, status, etc.
James Bush Sat, Sep 22, 2012 at 6:44 AMTo: "Mark D. Shapiro"
Can you get a time estimate from Gil, as well as an idea of where he is in the process?
Thanks!
---------- Forwarded message ----------From: "Gil Kreiter" Date: Sep 21, 2012 3:22 AMSubject: Re: New address, status, etc.To: "James Bush"
It used to take a long time in IN because of all
the hearings. I believe it is more stream lined now.
From: James Bush To: Gil Kreiter Sent: Thursday, September 20, 2012 5:30 PMSubject: Re: New address, status, etc.
My mistake. Overall, this process may take...?On Sep 20, 2012 1:51 PM, "Gil Kreiter" wrote:
Not 3 weeks until pay out. 3 weeks until we find
the bank accounts
From: James Bush To: Gil Kreiter Sent: Thursday, September 20, 2012 3:11 PMSubject: New address, status, etc.
Hey, Gil:Since I haven't heard back from you after the first one, I thought I'd send another reminder that I have anew address, which is:
652 Laurie Avenue, Santa Clara, California 95051Also, does your previous estimate of three weeks until pay-out still hold?Let me know when you can, so I.can keep an eye out for it. Mail sometimes disappears if I don't catch iton delivery.Thanks,James - 408-791-4866demonicactivity.blogspot.com
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ATTACHMENT E
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James Bush
1-hour asset searches
James Bush Mon, Oct 1, 2012 at 4:18 PMTo: Gil Kreiter
Hey, Gil:
Two quick things:
- Just by coincidence, I stumbled across a couple of debt collection services that can run assetsearches in under an hire, if that's useful; and,
- For my own records, could you send a soft copy of all legal filings in Indiana, as well as copies of anycorrespondence sent to the court, where such papers are not privileged or confidential. There's nospecific reason for asking, other than the fact that I like to keep meticulous records of all my cases,even ones in which I don't represent myself.
Thanks,
James Alan Bush652 Laurie AvenueSanta Clara, California 95051(408) 791-4866
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ATTACHMENT F
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James Bush
James Alan Bush and 7 other people are waiting for you on Badoo!
Badoo Sat, Oct 27, 2012 at 6:15 AMReply-To: [email protected]: [email protected]
James Alan Bush and 7 other people are waiting for you on Badoo!
This email was sent by James Alan Bush ([email protected]). If you received this message by mistake, please just ignore it.
Hey James Alan Bush!
You found your friends on the site, and now there are 7 excited people waiting for you to come hang out with them on Badoo!
Connect to them!
Also, some other people have been asking about you:
Gil
Kreiter
New
York,
United
States
Twinkdaddy
San Jose,
United States
Just
Me
Fremont,
United
States
Jason
San
Jose,
United
States
Jai
Udani
San
Jose,
United
States
You have received this email from Badoo Trading Limited (postal address below). If you do not wish to receive further email communications from
Badoo, please click here to opt out.
Badoo Trading Limited is a limited company registered in England and Wales under CRN 7540255 with its registered office at 44a The Green,Warlingham, Surrey, CR6 9NA.
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7/30/2019 Complaint to the New York City Bar Association against Attorney Gil Kreiter for Negligence, Misrepresentation
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ATTACHMENT G
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James Bush
James Alan Bush and 7 other people are waiting for you on Badoo!1 message
Badoo Sat, Oct 27, 2012 at 6:15 AMReply-To: [email protected]: [email protected]
James Alan Bush and 7 other people are waiting for you on Badoo!
This email was sent by James Alan Bush ([email protected]). If you received this message by mistake, please just ignore it.
Hey James Alan Bush!
You found your friends on the site, and now there are 7 excited people waiting for you to come hang out with them on Badoo!
Connect to them!
Also, some other people have been asking about you:
Gil
Kreiter
New
York,
United
States
Twinkdaddy
San Jose,
United States
Just
Me
Fremont,
United
States
Jason
San
Jose,
United
States
Jai
Udani
San
Jose,
United
States
You have received this email from Badoo Trading Limited (postal address below). If you do not wish to receive further email communications from
Badoo, please click here to opt out.
Badoo Trading Limited is a limited company registered in England and Wales under CRN 7540255 with its registered office at 44a The Green,
Warlingham, Surrey, CR6 9NA.
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ATTACHMENT H
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ATTACHMENT I
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James Bush
Status of Bickel collection
Gil Kreiter Sat, Nov 24, 2012 at 5:18 PMReply-To: Gil Kreiter
To: James Bush
Still waiting for the bank search to come back.
From: James Bush
To: Gil Kreiter
Sent: Friday, November 23, 2012 4:38 AM
Subject: Fwd: Status of Bickel collection
---------- Forwarded message ----------From: James Bush Date: Tue, Sep 4, 2012 at 10:10 AMSubject: Status of Bickel collectionTo: Gil Kreiter
Hello, Gil:Just writing to check in on the status of the above-referenced.Please get back to me at your earliest convenience.Thanks,James Alan Bush
408) 791-4866
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ATTACHMENT J
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James Bush
Status of Bickel collection
James Bush Fri, Nov 23, 2012 at 1:36 AMTo: "Mark D. Shapiro"
Dear Mark:
I'm trying to be fair here, so I'll ask my question like this: is it possible Gil has been lied to about the status of theBickel case?
By chance, I made a trip to Indianapolis, and, while there, I visited the Johnson County Courthouse to look at the file.My suspicion was that something was wrongnot just due to the amount of time that has passed, but also becauseGil's iteration of the steps involved in this type of case does not match my experience or research.
As it turns out, something is wrong, particularly, that the case is not post-judgment; rather, it has only been filed, andservice has been merely attempted, not perfected.
The details are posted to my blog, which includes a video of my conversation with the clerk about this case, as well as
images of court documents showing its true status; it also provides three e-mails from Gil, which state that judgmentwas obtained, and that the only remaining step was a "bank search" and, possibly, "a supplemental hearing."
That post is at http://demonicactivity.blogspot.com/2012/11/crime-new-york-attorney-lies-on-behalf.html
Please advise according to the information provided there.
By the way, I have not contacted Gil about this yet, as I have only now finished weighing my initial options, which, sofar, seems limited to the pointless act of filing a complaint with the New York State Bar. Also, I think it might bepointless, in part, because, when I asked him for copies of all legal documents filed in the case (a question posed in atleast one e-mail and three voicemails), he failed to respond at all. Regardless, I am cc'ing this e-mail to him.
Sincerely,
James Alan Bush
P.S. - My new phone number is (408) 569-1634.
---------- Forwarded message ----------From: Gil KreiterDate: Tue, Sep 4, 2012 at 8:36 PMSubject: Re: Status of Bickel collectionTo: James Bush
now a judgment in Johnson County
From: James Bush To: Gil Kreiter Sent: Tuesday, September 4, 2012 9:38 PMSubject: Re: Status of Bickel collection
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Okay. By docketed, you mean...?On Sep 4, 2012 1:20 PM, "Gil Kreiter" wrote:
Hi James,
Doing a bank search. Judgment docketed in IN.
Regards,
Gil
From: James Bush To: Gil Kreiter Sent: Tuesday, September 4, 2012 12:10 PMSubject: Status of Bickel collection
Hello, Gil:Just writing to check in on the status of the above-referenced.Please get back to me at your earliest convenience.Thanks,
James Alan Bush408) 791-4866
On Tue, Sep 4, 2012 at 8:36 PM, Gil Kreiter wrote:
now a judgment in Johnson County
From: James Bush To: Gil Kreiter Sent: Tuesday, September 4, 2012 9:38 PMSubject: Re: Status of Bickel collection
Okay. By docketed, you mean...?On Sep 4, 2012 1:20 PM, "Gil Kreiter" wrote:
Hi James,
Doing a bank search. Judgment docketed in IN.
Regards,
Gil
From: James Bush To: Gil Kreiter
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Sent: Tuesday, September 4, 2012 12:10 PMSubject: Status of Bickel collection
Hello, Gil:Just writing to check in on the status of the above-referenced.Please get back to me at your earliest convenience.Thanks,James Alan Bush
408) 791-4866
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ATTACHMENT K
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Email Gil, I have no control over him...
Do you have any idea why Gil sent this to me today? When you spoke to him,what did you/he say?
Let me know as soon as you can; as you saw, I just received an e-mail fromGil, but not addressing the issue, rather, he claims he's still waiting onthe bank search...
Thanks,
James
Sent from my iPhone
Begin forwarded message:
From: Gil Kreiter Date: November 24, 2012, 5:18:20 PM PSTTo: James Bush Subject: Re: Fwd: Status of Bickel collectionReply-To: Gil Kreiter
Still waiting for the bank search to come back.
From: James Bush To: Gil Kreiter Sent: Friday, November 23, 2012 4:38 AMSubject: Fwd: Status of Bickel collection
---------- Forwarded message ----------From: James Bush Date: Tue, Sep 4, 2012 at 10:10 AMSubject: Status of Bickel collection
To: Gil Kreiter
Hello, Gil:Just writing to check in on the status of the above-referenced.Please get back to me at your earliest convenience.Thanks,James Alan Bush408) 791-4866
----Thanks! Mark Shapiro V: 1-408-840-4610, Fax: 206-267-9857.http://www.JudgmentBuy.com - [email protected], no obligation judgment evaluations.I am fast, the world is slow.Average judgments sell for 1-7% cash up front. Please do not get mad atJudgmentBuy for telling you the truth. If you do not believe me, that isfine, please remember JudgmentBuy is here to help you, after you are donesearching for what cannot be found.
From: "Mark Shapiro"
Subject: Re: Fwd: Status of Bickel collection
Date: November 25, 2012 7:07:33 AM PST
To: "James Bush"
Reply-To: [email protected]
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ATTACHMENT L
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The case is in Superior 1 Johnson County
the case number is 41D01-1208-MI-0078
you can see it at doxpop.com
From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 11:20 PMSubject: Re: Status of Bickel collection
Also, how were you advised of the Indiana judgement? Is there a web site where I can check the case status?
Sent from my iPhone
On Nov 26, 2012, at 6:17 PM, Gil Kreiter wrote:
You can order it from the clerk of courts, I don't have
a copy to send you.
From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 7:46 PMSubject: Re: Status of Bickel collection
May I have a copy of the judgment from Johnson County?
Sent from my iPhone
On Nov 26, 2012, at 10:59 AM, Gil Kreiter wrote:
The Indiana judgment is in Johnson County.
From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 1:55 PMSubject: Re: Status of Bickel collection
Sorry, Gil; I'm confused. This isn't from the Indiana case; it's from the California case.
Should there be a separate one?
Sent from my iPhone
On Nov 26, 2012, at 6:30 AM, Gil Kreiter wrote:
attached
From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 8:36 AMSubject: Re: Status of Bickel collection
From: Gil Kreiter
Subject: Re: Status of Bickel collection
Date: November 27, 2012 7:28:14 AM PST
To: James Bush
Cc: Mark Shapiro
Reply-To: Gil Kreiter
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Can you send me a copy of the judgment by e-mail?
Sent from my iPhone
On Nov 26, 2012, at 5:03 AM, Gil Kreiter wrote:
The judgment has been domesticated in
Johnson County where she lives. Once the
bank search comes back, I will put in for a
writ of garnishment.
From: James Bush To: Gil Kreiter Cc: Mark D. Shapiro Sent: Sunday, November 25, 2012 2:47 AMSubject: Re: Status of Bickel collection
What has been done so far, to your knowledge; and, how many more steps are there in this other process (at a minimum)?
Sent from my iPhone
On Nov 24, 2012, at 5:18 PM, Gil Kreiter wrote:
Still waiting for the bank search to come back.
From: James Bush To: Gil Kreiter Sent: Friday, November 23, 2012 4:38 AMSubject: Fwd: Status of Bickel collection
---------- Forwarded message ----------From: James Bush Date: Tue, Sep 4, 2012 at 10:10 AM
Subject: Status of Bickel collectionTo: Gil Kreiter
Hello, Gil:Just writing to check in on the status of the above-referenced.Please get back to me at your earliest convenience.Thanks,James Alan Bush408) 791-4866
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ATTACHMENT M
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Subject: Re: Status of Bickel collection
From: James Bush ([email protected])
To: [email protected];
Date: Tuesday, November 27, 2012 7:29 AM
I know where it is; I went there personally. There is no judgment on-file.
Sent from my iPhone
On Nov 27, 2012, at 7:28 AM, Gil Kreiter wrote:
The case is in Superior 1 Johnson County
the case number is 41D01-1208-MI-0078
you can see it at doxpop.com
From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 11:20 PMSubject: Re: Status of Bickel collection
Also, how were you advised of the Indiana judgement? Is there a web site where I can check thecase status?
Sent from my iPhone
On Nov 26, 2012, at 6:17 PM, Gil Kreiter wrote:
You can order it from the clerk of courts, I don't have
a copy to send you.
From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 7:46 PMSubject: Re: Status of Bickel collection
May I have a copy of the judgment from Johnson County?
Sent from my iPhone
On Nov 26, 2012, at 10:59 AM, Gil Kreiter wrote:
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The Indiana judgment is in Johnson County.
From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 1:55 PMSubject: Re: Status of Bickel collection
Sorry, Gil; I'm confused. This isn't from the Indiana case; it's from theCalifornia case.
Should there be a separate one?
Sent from my iPhone
On Nov 26, 2012, at 6:30 AM, Gil Kreiter wrote:
attached
From: James Bush To: Gil Kreiter Sent: Monday, November 26, 2012 8:36 AMSubject: Re: Status of Bickel collection
Can you send me a copy of the judgment by e-mail?
Sent from my iPhone
On Nov 26, 2012, at 5:03 AM, Gil Kreiter
wrote:
The judgment has been domesticated in
Johnson County where she lives. Once the
bank search comes back, I will put in for a
writ of garnishment.
From: James Bush To: Gil Kreiter Cc: Mark D. Shapiro Sent: Sunday, November 25, 2012 2:47 AMSubject: Re: Status of Bickel collection
What has been done so far, to your knowledge;and, how many more steps are there in this
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other process (at a minimum)?
Sent from my iPhone
On Nov 24, 2012, at 5:18 PM, Gil Kreiter wrote:
Still waiting for the bank search tocome back.
From: James BushTo: Gil KreiterSent: Friday, November 23, 2012 4:38AMSubject: Fwd: Status of Bickelcollection
---------- Forwarded message ----------From: James BushDate: Tue, Sep 4, 2012 at 10:10AMSubject: Status of BickelcollectionTo: Gil Kreiter
Hello, Gil:Just writing to check in on thestatus of the above-referenced.Please get back to me at yourearliest convenience.Thanks,James Alan Bush408) 791-4866
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7/30/2019 Complaint to the New York City Bar Association against Attorney Gil Kreiter for Negligence, Misrepresentation
42/44
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7/30/2019 Complaint to the New York City Bar Association against Attorney Gil Kreiter for Negligence, Misrepresentation
43/44
ATTACHMENT N
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7/30/2019 Complaint to the New York City Bar Association against Attorney Gil Kreiter for Negligence, Misrepresentation
44/44
sucker
From: Anonymous
Subject: Gil Kreiter isn't a lawyer
Date: December 2, 2012 6:55:05 AM PST