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  • Report:  #417954

Complaint Review: Eltman Eltman & Cooper - NEW YORK New York

Reported By:
- Yonkers, New York,
Submitted:
Updated:

Eltman Eltman & Cooper
140 Broadway 26th Floor NEW YORK, 10701 New York, U.S.A.
Phone:
914-557-4587
Web:
N/A
Categories:
Tell us has your experience with this business or person been good? What's this?
I received a letter in the mail and I called up. It stated that I owed 1700.00 to Citibank. I never had a citibank card in my life. The lady on the phone said well you owe us this money. I said well when was I notified because the letter said you served me on 12/26/06. I said to what address, I was put on hold for a LONG time. She then came back and said an address I lived at for 5 months back in 2003. I said I did not live there. She said you signed for it. Which was of course a lie. I moved into my new house in 2003 and stayed there until 2007. I said so you did this illegally. She said are you a lawyer, I said no. So she said if I was you I would seek legal help because we will come after you. I have already called my lawyer. She told me NY SOL was 20 years so I should suck it up and pay and then she hung up. Do I have any rights here?

Mags

Yonkers, New York

U.S.A.


1 Updates & Rebuttals

Robert

Irvine,
California,
U.S.A.
Oh boy do you have rights...

#2Consumer Comment

Fri, January 30, 2009

You first need to do some research on your own. You are probably a victim of what is known as "Sewer Service". This is where they do exactly what they did to you. The collection agency finds an address you lived at years ago, even though they have a more current address. They do this so that it is impossible for you to know about the suit and show up to defend yourself. What you need to do is contact the court this suit was filed in. You need to get all the documents related to the suit, you are particuarly interested in the "Proof of Service". If you can prove that you were never served properly, you can make a motion to have the judgment vacated. At which time you can attack the validity of the suit. If you can prove that the Proof of Service was falsified(I.E. false signature). You not only probably don't have to worry about the suit at all. But you may have actions you can take against the Collection Agency, the Lawer as well as the Process Server(if there was one). Depending on the situation you may be able to get the lawer disbarred. After you check into the suit and do some of the leg work get a new lawyer. If this company in fact did something illegal any lawyer who specializes in debt collection would jump at a chance to go after them.

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