Report: #240307

Complaint Review: Eltman ,eltman &cooper,p.c. Attorneys At Law 140 Broadway 26th Floor New York Ny10005 Mr Mayi

  • Submitted: Thu, March 22, 2007
  • Updated: Fri, March 23, 2007
  • Reported By: BRONX New York
  • Eltman ,eltman &cooper,p.c. Attorneys At Law 140 Broadway 26th Floor New York Ny10005 Mr Mayi
    140 Broadway 26th Floor
    New York, New York

Eltman, eltman &cooper, P.c.eltman Attorneys At Law 140 Mr Mayi my account has a freeze. New York New York

*Consumer Comment: You need a lawyer

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i checked into my account and notice there was an amount taken out of over $2,000. i called my bank and was told i had a freeze on it from this company eltman i was given the number and i called . i also received a letter 1 day before this action took effect stating there was a judgement rendered in civil court for the sum of $1,386.90 i never received a court date to fight this.i called them up and spoke to a mr mayi turns out my name was used to obtain a credit card back in the letter states certain monies are exempt. i receive dissability benefits and that is exempt i was told by mr mayi to fax over proof of my getting direct deposits to my account which i did and i also went to social security to obtain a letter from them stating the same. when i called him again. he wasn't satisfied. he now needed to see what i used my money on which is none of his business. he asked for proof and that is what i gave to be exempt. since my name was used i offered to make a payment aggreement, he still insisted on seeing how i spent my benefits. i told him i will seek legal action against him and seek more than what he has tried to take from my account.

BRONX, New York
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#1 Consumer Comment

You need a lawyer

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


You seem to have two issues here, and it's odd that you treated the more pertinent issue with less explanation than the other.

Your first issue is whether the debt was legitimate, or were you a victim of identity theft? The wording of your report insinuates that you were defrauded by someone else, the result of which is a judgment against you. But you never really directly said that, nor do you seem too concerned about finding a way that you can make that judgment go away.

The other issue, the one you addressed more in-depth, is whether they can garnish your social security benefits. I'll attempt to help you a bit with each.

As for the default judgment, there are various reasons and procedures that can make these go away. You will need to file a motion to set aside a default judgment, and you will have to explain how the circumstances of your case fit squarely into one of the reasons for which a default judgment can be set aside. The most common reasons are 1) the manner of notice was in violation of court rules, and 2) excusable neglect (i.e. you were hospitalized on the date of the hearing).

If you file the above-referenced motion without the assistance of an attorney, you are not likely to succeed. With a solid case of lack-of-notice, along with a good attorney, you MAY have a good shot at it.

As for the garnishments: each state exempts various forms of money and property from being used to satisfy a judgment. Exactly what is exempted, and under what circumstances, can probably be found in your state's statutes and/or court rules. If you indeed find that your assets are exempt, a decent lawywer can probably halt the garnishments with little trouble, and probably without any court involvement.

Bottom line: you need a lawyer. I think there's at least a couple of them in New York.

Again, however, you will pr
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