• Report: #210375

Complaint Review: Eltman, Eltman & Cooper, Erin Capital

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  • Submitted: Mon, September 11, 2006
  • Updated: Fri, September 19, 2008

  • Reported By:Buffalo New York
Eltman, Eltman & Cooper, Erin Capital
90 William Street New York, New York U.S.A.

Eltman, Eltman & CooperEltman, Eltman & Cooper, Erin Capital Fraudulant Bank Account Seizure, Judgement and Credit Bureau Reporting. New York New York

*REBUTTAL Individual responds: jail yet

*Consumer Suggestion: Stu...Here's what you do now..

*Consumer Comment: Credit Report Info

*Consumer Comment: Erin Capital, nothing but lying scumbags!

*Consumer Comment: It's our pleasure to help!

*Author of original report: Update: Thankyou both for your input on the matter

*Consumer Comment: You may be right about the SOL

*Consumer Comment: You may be right about the SOL

*Consumer Comment: You may be right about the SOL

*Consumer Comment: You may be right about the SOL

*Consumer Suggestion: John...I have dealt with these idiots... Tim is right..

*Consumer Comment: You may be too late

*Consumer Comment: You may be too late

*Consumer Comment: You may be too late

*Consumer Comment: You may be too late

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Like many of the reports I have read here my situation is the same but unlike many of you I am going to make an attempt to do something about it.

Here is my story: The 1st time I heard of these guys a woman came to my door in Mar 2004 and asked if I was John. I stated yes, she then handed me a sealed envelope. I thought it was just some certified mail of some sort. She told me it was a notice to appear in court. After reading it I went to the court clerk the next day to inquire about it seeing there was no date specified. The clerk informed me that it was not from them yet the woman who gave it to me said it was. The clerk said I had to call the attorney listed on the bottom (William Cortellessa). This all seemed kind of strange so I figured it was a scam of some sort and blew it off. Shortly after I luckily checked my bank account because I was expecting my only income at the time to be deposited (GI Bill) and my account was overdrawn 2X the amount these people said I owed them. I immediately made appropriate arrangments to protect my money.

A few days after this, I recieve my second letter from them that explained how I could get my money back. I was thinking what money? The $2.00 that was in there. So I blew it off again because for the second time the letter said Erin Capital was creditor they represented. I figured it might be 1 of 2 old credit cards that I got back in the late 90's (pre-paid cards)that I rebelled against due to the outragous fees. That's another story!! Anyway, I really couldn't do anything even if I did call them because I was a fulltime student living on $840 a month from GI Bill. I had nothing to offer so what was the point in listen to them try and tell me otherwise.

I heard nothing until Dec 2004 when I got a letter stating the obvious and offering me a 65% settlement. Like I had $1200 just laying around!! [note: this letter was signed by Derrick Riley, Collection Supervisor. The significance will be expalined in a bit] Once again, I blew it off. This letter actually told me who the original creditor was, First Consumers. I have never had an account with them either.

Here's where it start to get good! In Sept 2005, I recieve a letter from my local Sheriff's telling me I had to start paying them of they were going to garnish wages. I now started to realize its for real or they were really good at scamming. I caved and sent the Sheriff's $20.00. By the time I was to get to the November payment I had started a new job. You will never guess??? A collection agency!! I brought this to the attention of a couple of the senior guys. They advised me to contact the Sheriff's with my finances. They ended up cancelling things at their end and sent it back to the Attorney's.

Prior to Nov 2005 I really didn't have the rescources or knowledge to look into my rights. I decided the best thing to do was clean up my credit report. I did this by initially getting my reports via annualcreditreports.com. To my suprise they were not anywhere on any of the bureaus. In fact, the 2 credit cards I had had were. I have since paid those. Now the real question is who is First Consumers and better yet who is Erin Capital? I started to do my digging and inquired with an attorney. Basically put, I didn't have enough dirt yet.

Now for thier final straw. After all my hard work to get my credit heading in the right direction, they decided to put the judgments on my Experian and Equifax at the end of Aug 06. I am STEAMED!! To top it off they misreported it. The stated that it was filed in July 06 when in fact it was in March 04.

I have done some digging and think I may have something that could help some of you. It's an article about a Civil Suit that was filed and won against them:

Debt Collection Letters Sent by Law Firms Without Attorney Review Violates the Fair Debt Collection Practices Act. On May 10, 2005, the U.S. District Court for the Eastern District of New York held that law firms that send debt collection letters on behalf of debt collection agencies violate the FDCPA when those letters are automatically generated without individualized attorney review of the facts of the case. Reade-Alvarez v. Eltman, Eltman & Cooper, P.C., No. 04-CV-2195-ILG (E.D.N.Y. 2005). The court found that sending form letters on firm letterhead to collect debts violated the FDCPA because it created an impression that attorneys had reviewed the matter and were familiar with the case, when in fact there had been no attorney review. The FDCPA requires some degree of attorney involvement in the letter, including direct control or supervision of the process through which the letter is sent. The court, however, dismissed as not actionable under the FDCPA plaintiffs' claim that the use of form letters amounted to the unauthorized practice of law by the debt collection agency as the firm's alter ego.
buckleykolar.com /publications/InfoBytes061005.html

Fortunately for me, this pertains and I still have the letters.

I will be doing what I can to find out what legal recourse I have. If any of you find anything let me know. If I can get a civil suit going I will try. They are not going to get a red cent from me!! I will take myself to family court and have the judge increase my payments 1st !!!!! I feel it is never too late to protect your rights.

John
Buffalo, New York
U.S.A.

This report was posted on Ripoff Report on 09/11/2006 08:38 AM and is a permanent record located here: http://www.ripoffreport.com/r/Eltman-Eltman-Cooper-Erin-Capital/New-York-New-York-10038/Eltman-Eltman-CooperEltman-Eltman-Cooper-Erin-Capital-Fraudulant-Bank-Account-Seizu-210375. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 14Consumer 1Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Individual responds

jail yet

AUTHOR: Eltmancrap - (U.S.A.)

I have had a run in with eltman eltman, and cooper, and after knowing for 6 months, ful knowing My bank account should be released, THEY against the law they held on to it, very unprofessional. Then After I win against them in court, then.They promise to pay, and only paid some of the amount, and the scum tells Me I'm luckly I got that, hes the luckly girl, a smart ass on the phone, and unknowing of their job, being a fraud as a lawyer(WANNA BE), just a puppet. So I get a letter asking if I could drop this as James Halon, the fraud, as hes got credit problems. His mistake cost him his job, and sends Me a letter asking for Me to sign a paper giving the money back, why is he not sitting in jail.Of course more lies and fraud, we don't have to take this people.Now I hear of someone suing them for 3 times the amount...
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#2 Consumer Suggestion

Stu...Here's what you do now..

AUTHOR: Steve - (U.S.A.)

Stu,

File BAR ASSOCIATION complaints against the "lawyers" involved for unethical/illegal practices, and bring criminal complaints against all who were involved in falsifying official court documents. In most states, this is a FELONY.

Be sure to file the multiple/daily FTC complaints on them online. This gets the number of complaints against them to the point they get investigated by the FTC.

They play dirty, so you need to show them what dirty is!

Have fun!
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#3 Consumer Comment

Credit Report Info

AUTHOR: S. - (U.S.A.)

John,

It is my understanding that a creditor only has 1 yr after the date of your last delinquency for which they can be added to your credit report as a bad debt. If they miss that 1 yr date and add it later then you may file a dispute and have the item removed from your credit report.

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#4 Consumer Comment

Erin Capital, nothing but lying scumbags!

AUTHOR: Stu - (U.S.A.)

Hey John, 6 reports and climbing for the scumbags known as Erin Capital Management. Eltman, Eltman and Cooper, Wallet Recovery LTD and Erin Capital management, along with Larry Sodody, Gregory M. Maurer and any other jerkoff lawyers they come up with all work together in a big scam ring.

I can assure you that they paid off someone in court where you are because they did it where I am just to get a bogus judgement through. They hired some guy named Michael Shadders (probably the same one that "suposedly" served you) to fake serving me papers and he also forged a neighbors signature to verify it! The neighbor didn't even live at the address he lied about verifying it with!

Don't you love our system?

I'm fighting them tooth and nail now. Don't let up John. There's got to be a way to win.
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#5 Consumer Comment

It's our pleasure to help!

AUTHOR: Tim - (U.S.A.)

Happy to be of service, John. Be sure to keep us updated.
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#6 Author of original report

Update: Thankyou both for your input on the matter

AUTHOR: John - (U.S.A.)

Thanks guys for taking the time to give helpful advice. I have read some of the negative things reported about these guys and even though its a long shot I am going to try and fight them. I have a friend who is a Paralegal that I contacted yesterday who is going to help me fine tune where they went wrong.

I am taking the 1st step today and sending them a validation letter. The trouble I am having with this whole thing is not that it might possibly have exceeded the SOL but that I don't know what the debt was for. I know what debts I have incurred and for the most part have recently taken care of them. In fact, I have only 1 large debt and 1 small on my credit report and I accept they are mine. I couldn't even file bankruptcy because the debts aren't that high (at least I think).

I do understand the whole default judgment thing and I also know they have in fact made errors along the way. For example: Why did they wait 2+ years to put it on my credit report, only to say the judgment was recently filed?

I also came across someone else who had dealings with this company and had the judgment removed due to violations. All he did was present the information to an attorney and a letter was sent to Eltman pointing out the violations.

Mysteriously the judgment was dropped and he has never heard from them again. I have been monitoring my credit with TrueCredit and it has been very useful.

Any other pointers will be greatly appreciated. I want to have as much knowledge as possible and will definately put in motion your advice. Thanks again!
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#7 Consumer Comment

You may be right about the SOL

AUTHOR: Tim - (U.S.A.)

Excellent advice, Steve.

I was concerned about the SOL issue as well, but the reporter seemed to think that it may have been in regards to a debt from the late 90s, and the case was filed in 2004. So, if there is a legit debt, it may not have been time barred, but there is a good chance it was.

If the debt was time barred (past the SOL) but the filings weren't fraudulent, the reporter will be out of luck with an SOL defense.

But you know the collections industry better than I, and I defer to your suspicion that the documents may have been fraudulent.

If that's the case, the reporter has an FDCPA claim, grounds for vacancy of the default judgment, and possibly a malicious prosecution or abuse of process claim.

Keep up the good work, Steve.
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#8 Consumer Comment

You may be right about the SOL

AUTHOR: Tim - (U.S.A.)

Excellent advice, Steve.

I was concerned about the SOL issue as well, but the reporter seemed to think that it may have been in regards to a debt from the late 90s, and the case was filed in 2004. So, if there is a legit debt, it may not have been time barred, but there is a good chance it was.

If the debt was time barred (past the SOL) but the filings weren't fraudulent, the reporter will be out of luck with an SOL defense.

But you know the collections industry better than I, and I defer to your suspicion that the documents may have been fraudulent.

If that's the case, the reporter has an FDCPA claim, grounds for vacancy of the default judgment, and possibly a malicious prosecution or abuse of process claim.

Keep up the good work, Steve.
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#9 Consumer Comment

You may be right about the SOL

AUTHOR: Tim - (U.S.A.)

Excellent advice, Steve.

I was concerned about the SOL issue as well, but the reporter seemed to think that it may have been in regards to a debt from the late 90s, and the case was filed in 2004. So, if there is a legit debt, it may not have been time barred, but there is a good chance it was.

If the debt was time barred (past the SOL) but the filings weren't fraudulent, the reporter will be out of luck with an SOL defense.

But you know the collections industry better than I, and I defer to your suspicion that the documents may have been fraudulent.

If that's the case, the reporter has an FDCPA claim, grounds for vacancy of the default judgment, and possibly a malicious prosecution or abuse of process claim.

Keep up the good work, Steve.
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#10 Consumer Comment

You may be right about the SOL

AUTHOR: Tim - (U.S.A.)

Excellent advice, Steve.

I was concerned about the SOL issue as well, but the reporter seemed to think that it may have been in regards to a debt from the late 90s, and the case was filed in 2004. So, if there is a legit debt, it may not have been time barred, but there is a good chance it was.

If the debt was time barred (past the SOL) but the filings weren't fraudulent, the reporter will be out of luck with an SOL defense.

But you know the collections industry better than I, and I defer to your suspicion that the documents may have been fraudulent.

If that's the case, the reporter has an FDCPA claim, grounds for vacancy of the default judgment, and possibly a malicious prosecution or abuse of process claim.

Keep up the good work, Steve.
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#11 Consumer Suggestion

John...I have dealt with these idiots... Tim is right..

AUTHOR: Steve - (U.S.A.)

John,

In addition to the good advice Tim gave you, I can enlighten you on what you are dealing with.

These lowlife are barely attorneys. They are among the lowest of the low. They are also junk debt buyers, and represent junk debt buyers.

You want to gather up every piece of paper that was filed by them with the courts to get the default judgement and garnishment. I can guarantee you they falsified something. They are well known for fraudulent documents.

Close any bank accounts you have and open up new ones at another bank. Also put a fraud alert on your credit report, and subscribe to a monitoring service. I use a good one and I get an email even when someone checks my credit.

Remove all employment info from your credit report as well as phone#'s. This is not information anyone has a right to have. They will remove it for you with a simple phone call.

As far as garnishments go, they are a percentage of your DISPOSABLE income. You can dispute the amount by filing for a hardship hearing.

Now, file a BAR ASSOCIATION complaint against them and also go to FTC.gov and file online complaints for each violation of your rights. While on that website, read and print out the FCRA and the FDCPA that explain your rights.

These debts were clearly past the SOL for legal collections activity, which means they illegally re-aged the debt to get the default judgement, otherwise the judge would have kicked them out of the courtroom. This is a criminal violation for anyone to file a false statement or affidavit with the court or the police.

After you find the false filing, you can get a stay of judgement. At this point turn it over to a real lawyer.

Good luck.
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#12 Consumer Comment

You may be too late

AUTHOR: Tim - (U.S.A.)

John, you end your report with the phrase "I feel it is never too late to protect your rights."

Unfortunately in your case, you may be quite wrong.

It sounds like you had a default judgment rendered against you. The terrible thing about a default judgment is that it can legitimize a debt that was not legitimate in the first place. You will have a VERY hard time pressing any legal argument that the debt was invalid.

Basically, a judge has already determined, and entered an according order, that the debt WAS valid. You were given the opportunity to defend yourself and claim that it wasn't, but you failed to avail yourself of that opportunity.

The judge was only required, at most, to determine that the evidence presented by your collector substantiated the debt. He may not have even been required to go that far. If he was satisfied that the debt existed, basing his decision SOLELY on the evidence and testimony of the collector, he was legally obligated to enter a judgment against you.

To get around that decision, you would have to appeal it, possibly to a higher court, at a SUBSTANTIAL cost. And your only viable option for appeal is probably (but possibly not) an attack on the sufficiency of the notice for the hearing that you missed. You may have a viable issue there, so it might be worth a shot.

The notice definitely should have included the date of the hearing, but I'm not sure if its absence is enough to term the notice insufficient, especially as you DID come to a point where you could have easily obtained the date.

You do seem to have a genuine issue regarding the dates on your credit report. Your first step should probably be to see if you can resolve this with the reporting agencies. An attorney would also be a good idea.

But I'm not your attorney, and I don't have all of the facts of your case so as to give you any kind of competent advice. The bottom line is that, if you do want to protect your rights to the extent possible, you need a lawyer ASAP.
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#13 Consumer Comment

You may be too late

AUTHOR: Tim - (U.S.A.)

John, you end your report with the phrase "I feel it is never too late to protect your rights."

Unfortunately in your case, you may be quite wrong.

It sounds like you had a default judgment rendered against you. The terrible thing about a default judgment is that it can legitimize a debt that was not legitimate in the first place. You will have a VERY hard time pressing any legal argument that the debt was invalid.

Basically, a judge has already determined, and entered an according order, that the debt WAS valid. You were given the opportunity to defend yourself and claim that it wasn't, but you failed to avail yourself of that opportunity.

The judge was only required, at most, to determine that the evidence presented by your collector substantiated the debt. He may not have even been required to go that far. If he was satisfied that the debt existed, basing his decision SOLELY on the evidence and testimony of the collector, he was legally obligated to enter a judgment against you.

To get around that decision, you would have to appeal it, possibly to a higher court, at a SUBSTANTIAL cost. And your only viable option for appeal is probably (but possibly not) an attack on the sufficiency of the notice for the hearing that you missed. You may have a viable issue there, so it might be worth a shot.

The notice definitely should have included the date of the hearing, but I'm not sure if its absence is enough to term the notice insufficient, especially as you DID come to a point where you could have easily obtained the date.

You do seem to have a genuine issue regarding the dates on your credit report. Your first step should probably be to see if you can resolve this with the reporting agencies. An attorney would also be a good idea.

But I'm not your attorney, and I don't have all of the facts of your case so as to give you any kind of competent advice. The bottom line is that, if you do want to protect your rights to the extent possible, you need a lawyer ASAP.
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#14 Consumer Comment

You may be too late

AUTHOR: Tim - (U.S.A.)

John, you end your report with the phrase "I feel it is never too late to protect your rights."

Unfortunately in your case, you may be quite wrong.

It sounds like you had a default judgment rendered against you. The terrible thing about a default judgment is that it can legitimize a debt that was not legitimate in the first place. You will have a VERY hard time pressing any legal argument that the debt was invalid.

Basically, a judge has already determined, and entered an according order, that the debt WAS valid. You were given the opportunity to defend yourself and claim that it wasn't, but you failed to avail yourself of that opportunity.

The judge was only required, at most, to determine that the evidence presented by your collector substantiated the debt. He may not have even been required to go that far. If he was satisfied that the debt existed, basing his decision SOLELY on the evidence and testimony of the collector, he was legally obligated to enter a judgment against you.

To get around that decision, you would have to appeal it, possibly to a higher court, at a SUBSTANTIAL cost. And your only viable option for appeal is probably (but possibly not) an attack on the sufficiency of the notice for the hearing that you missed. You may have a viable issue there, so it might be worth a shot.

The notice definitely should have included the date of the hearing, but I'm not sure if its absence is enough to term the notice insufficient, especially as you DID come to a point where you could have easily obtained the date.

You do seem to have a genuine issue regarding the dates on your credit report. Your first step should probably be to see if you can resolve this with the reporting agencies. An attorney would also be a good idea.

But I'm not your attorney, and I don't have all of the facts of your case so as to give you any kind of competent advice. The bottom line is that, if you do want to protect your rights to the extent possible, you need a lawyer ASAP.
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#15 Consumer Comment

You may be too late

AUTHOR: Tim - (U.S.A.)

John, you end your report with the phrase "I feel it is never too late to protect your rights."

Unfortunately in your case, you may be quite wrong.

It sounds like you had a default judgment rendered against you. The terrible thing about a default judgment is that it can legitimize a debt that was not legitimate in the first place. You will have a VERY hard time pressing any legal argument that the debt was invalid.

Basically, a judge has already determined, and entered an according order, that the debt WAS valid. You were given the opportunity to defend yourself and claim that it wasn't, but you failed to avail yourself of that opportunity.

The judge was only required, at most, to determine that the evidence presented by your collector substantiated the debt. He may not have even been required to go that far. If he was satisfied that the debt existed, basing his decision SOLELY on the evidence and testimony of the collector, he was legally obligated to enter a judgment against you.

To get around that decision, you would have to appeal it, possibly to a higher court, at a SUBSTANTIAL cost. And your only viable option for appeal is probably (but possibly not) an attack on the sufficiency of the notice for the hearing that you missed. You may have a viable issue there, so it might be worth a shot.

The notice definitely should have included the date of the hearing, but I'm not sure if its absence is enough to term the notice insufficient, especially as you DID come to a point where you could have easily obtained the date.

You do seem to have a genuine issue regarding the dates on your credit report. Your first step should probably be to see if you can resolve this with the reporting agencies. An attorney would also be a good idea.

But I'm not your attorney, and I don't have all of the facts of your case so as to give you any kind of competent advice. The bottom line is that, if you do want to protect your rights to the extent possible, you need a lawyer ASAP.
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