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ExplainMore
August 3, 2009
Bad faith evasion of notice requirements in suing on alleged assignment of purchased credit card debt
Erin Capital Management LLC & Eltman, Eltman and Cooper obtained substituted service on an unknown, unnamed person at a former address for me, which was over 3 years old, and after I had moved to a new address in the same county, disconnected my old landline phone at the old address, connected a new LISTED landline phone at the new address, gotten a utility bill and bank accounts in my name at the new address, notified the Department of Motor Vehicles, and the Registrar of Voters of the new address. They went out of their way to avoid due diligence research to ascertain my new address, and apparently purposely served a stranger at an expired, defunct address to avoid providing notice to me of their lawsuit. How is that not unethical? I am in the process of researching how to undo the default judgment based on defective service and lack of actual notice. I wonder should I not complain to the State Bar of California, and file a lawsuit based on unethical &/or illegal collection practices?
If anyone has had such experiences with them, or proceeded against others for similar unethical practices, please share your thoughts and experiences. Thanks!
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November 19, 2008
Illegal and Fraud collection practice violations
On June 19, 2006 Eltman, Eltman and Cooper requested for access to my credit history via Transunion credit reporting bureau without my authorization nor any communications in writing as to the reason on why they requested for my credit report, then on Jan. 8, 2007 Eltman, Eltman and Cooper with Erin Capital Management as their client filed a lawsuit against me and obtained a default judgment on May. 7, 2007 because the complaints and summons were purposely sent and delivered and used with an alternate proof of service to a John Doe male that was currently residing at the previous address where I lived at 5 years ago, which is in a different city and county from where I currently live at the time when this legal action was being performed against me by Eltman, Eltman and Cooper with Erin Capital Management LLC.
In the summons and complaint, it clearly indicates that they used my previous address instead of my current address as my contact and location to file the lawsuit and notify me. As of March 2006, my current address and my previous address were already reported on all the three major Credit Reporting bureaus, hence Eltman, Eltman and Cooper were already aware of my previous address and current address information at the time they obtained a copy of my credit history from Transunion on 6/19/2006 and prior to filing their lawsuit against me on 1/2007.
Beginning Sept. 7, 2007 5 months after Eltman, Eltman and Cooper with Erin Capital Management already obtained the default judgment against me, Eltman, Eltman and Cooper employees started calling and harrassing me at my work directly telling me about an old charged off credit card that I needed to workout a payment with him. I didn't even know this person and the credit card debt that he was calling me about and told him that he is not to call me at my work and harass me about a debt amount on a credit card that I don't even have, since I had no debt outstanding not even a car loan or mortgage loan at the time.
After that phone call to my work at the client's location/site, I received 2 letters from Eltman, Eltman and Cooper stating that they are in the business of collecting a debt and that I owed them for a judgment amount to Erin Capital Management with a case number and date of the judgment, but no other detail. I ignored the letters as I had no idea as who these companies are and no prior communications from them about any lawsuits or judgments.
After discovering the default judgment on my credit reported on 2/2008 and still receiving constant harassment calls from Eltman, Eltman and Cooper's office demanding to contact them for payment of the default judgment they obtained against me, I hired an attorney to help me with this situation because the charged off credit card debt they used to obtain the default judgment against me had been so old and had already passed its statute of limitation for further collection in the state California. EEC had clearly violated several of my civil rights and have caused me humiliation at my previous work and lost my job. Their harassment caused me to lose my job, because Eltman, Eltman, and Cooper had gone as far as calling my business client's human resources to demand for my employment and wage information even though I was not an employee. When my client's human resources informed them that I was not an employee with my business client and that they cannot release any information about me, the Eltman, Eltman, and Cooper employee rudely yelled at the HR employee and hung up on her.
I have a federal case pending against Erin Capital Management LLC and Eltman, Eltman and Cooper for violations of my rights per the FDCPA.
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