LVNV Funding, Represented by Debt Collection Lawyers Eltman Law, Default Judgment Vacated and Dismissed
- October 26, 2016
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By: Robert J. Nahoum
Our client’s daughter was recently notified by her bank that an account she and her mother shared as well as a safe deposit box were restrained by junk debt buyer LVNV Funding and its collection law firm Eltman Law PC.
After consulting with our firm, we were retained and discovered that a default judgment had been entered against our client in 2003 and that, pursuant to that judgment, the joint accounts were restrained.
In 2014, LVNV’s parent company Sherman Acquisition Group reached a settlement with the New York State Attorney General’s Office wherein Sherman was accused of engaging in illegal debt collection practices. As part of the settlement, Sherman and another debt buyer, Portfolio Recovery Associates agreed to vacate $16 million worth of default judgments entered against New York Consumers.
We argued that our client’s judgment should have been vacated as part of the Attorney General’s Settlement. Eltman Law and LVNV relented and agreed to vacate the judgment and dismiss the case in its entirety.
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 Palisades or 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 and junk debt buyers like Palisades 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 or a junk debt buyers like Palisades 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