Erin Capital and Eltman Law Default Judgment Settled, Vacated and Dismissed
- October 25, 2016
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By: Robert J. Nahoum
Our client recently discovered for the first time a 2002 default judgment entered against him in the Civil Court for the City of New York, Bronx County by junk debt buyer Erin Capital Management and their collection law firm Eltman Law PC when he was notified by the Marshall of the City of New York that his wages were going to be garnisheed.
After consulting with our firm, we were retained and we were successful in settling the case for a fraction of the judgment amount and having the default judgment voluntarily vacated and the entire case dismissed. We challenged the jurisdiction of the court arguing that our client was never properly served with the summons and complaint commencing the lawsuit.
WHO IS ELTMAN LAW?:
Eltman Law, PC is an infamous debt collection law firm regularly representing collection agencies and junk debt buyers like Erin Capital Management, LLC and Midland Funding. Eltman Laws clients buy up portfolios of old debt from banks, credit card companies, hospitals, doctors, cell phone companies and car companies for pennies on the dollar. The debt buyers then try to collect the full amount from consumers, plus interest, penalties, late fees, overdraft fees, attorney’s fees and whatever other kinds of fees they can dream up.
Eltman Law, PC, began as “Eltman, Eltman & Cooper”, a captive law-firm and essentially the in-house legal department to notorious debt collection agency Erin Capital Management. With its growth, Eltman has apparently expanded its client base beyond Erin Capital, changed its name to Eltman Law PC and moved its headquarters from New York City across the Hudson River to the much more affordable Jersey City, New Jersey.
Eltman is an accused notorious violator of federal debt collection laws known as the Fair Debt Collection Practices Act (FDCPA) and is sued regularly by consumers for these violations. The FDCPA generally prohibits the use of false, deceptive and harassing debt collection tactics. If a debt collector violates the FDCPA, it can be sued for statutory damages up to $1,000.00, actual damages (like pain and suffering) and the debt collector may have to pay for the consumer’s attorney.
WHAT YOU SHOULD DO:
If you’ve been sued by Eltman Law in a debt collection lawsuit, consider hiring a qualified attorney experienced in debt defense. The Law Offices of Robert J. Nahoum, P.C. routinely represents consumers in debt collection lawsuits brought by debt collection law firms like Eltman Law in New York and New Jersey.
As with all of our debt defense cases, The Law Offices of Robert J. Nahoum, P.C. analyzes debt collection cases brought by debt buyers to determine if any violations of the FDCPA have occurred. If so, we recommend to our clients that suit be brought in Federal District Court on behalf of the consumer and against the debt buyer.
If a debt collection law firm like Eltman Law violates the FDCPA, you can sue it for statutory damages up to $1,000.00 plus actual damages (like pain and suffering) and your attorney’s fees. In FDCPA cases, The Law Offices of Robert J. Nahoum, P.C. doesn’t charge our clients a penny out of pocket.
If you need help settling or defending a debt collection law suit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you. With office located in the Bronx, Brooklyn and Rockland County, the Law Offices of Robert J. Nahoum defends consumers in debt collection cases throughout the Tristate area including New Jersey.
The Law Offices of Robert J. Nahoum, P.C