Eltman Eltman & Cooper , Erin Capitol Management , Donald B. Serafano , Jill M Abrahamson sent for debt Validation and they sent a summons instead Long Beach California

All of these companies are working together. Eltman Elman and Cooper is located @ 140 Broadway 26th floor, New York New York 10005. anyway here is the story.
back on Feb 01, 2007 my husband received a letter in the mail with the letterhead reading eltman eltman & cooper pc attorneys at law.

this letter continued to read Mr-----,
you have failed to respond to previous demands for payment of the abouve referenced debt.Accordingly, my client has elected to review this matter for suit. Be advised that if payment is not received and legal action becomes necessary, appropriate measures may be taken not only for the amount due plus interest, but also for court cost pursuant to California code of civil procedure.

if you cannot make payment immediately please contact our office toll free at 1-866-200-5967
sincerely,
Donald B. Serafano
CBS 169270
Please make checks payable to: Eltman eltman & cooper trust account.

Anyway this is the first letter that my husband has even received fron these people. so we sent a validation letter to them and included that this was the first letter we have received from them. the validation letter we sent was certified with delivery comformation. which i still have showing the date of delivery was on Feb 7,2007. they still have never responded to the validation request , but instead decided to file a lawsuit against my husband for the amount of $5551.40 + court costs.

My question is can they do that and win? since they never responded to my validation request? and i know these people are debt buyers so they probably paid pennies on the dollar to buy this debt from the original debtor(providian)

This was charged off in 2005 so SOL has not run out yet. but it does show on his credit report as charged off and debt sold to another lender. we are working very hard to clean up our credit. we are not dead beats in any way.if we actually owe the debt to these people i would have no problems in paying it off, but they haven't proven anything to me.

Any advice would help. i know i have 30 days to file with the court to fight this, because we will NOT lay down and let these people win a default judgement for something they may not even be able to collect. Thank you! ANY ADVICE WILL BE HELPFUL!

BY THE WAY WE ARE IN CALIFORNIA.He just got served the court summons 4-4-07.which states you are being sued by plantiff:Erin capitol management, LLC. action is a limited civil case. reason is collections.

Deena
ojai, California
U.S.A.