Is Eltman Law, PC calling you?* Here's what you need to know.
When you fall behind on your financial obligations, your creditors may eventually hire a debt collector to recoup the arrears. This can add even more stress to an already overwhelming situation, as some debt collectors are outright abusive. If this happens to you, however, you have recourse under the law.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act, or FDCPA, a consumer protection act passed in 1977, makes it illegal to use actions like the following when collecting or attempting to collect a debt.
- Calling you outside of the hours of 8:00 a.m. to 9:00 p.m. in your time zone
- Using profane and obscene language
- Telling you that you can be arrested or sent to prison for nonpayment
- Calling you at work when they know that you’re not allowed to accept such calls
- Threatening to damage your reputation and credit rating
- Reporting false information to the credit bureaus
Company Profile: Eltman Law, PC
Eltman Law, PC is a debt collection law office located in Jersey City, New Jersey. It was established in 1947, has 50-200 employees, and also has offices in New York, California, Florida, Texas, Georgia, Michigan, Ohio, Illinois, Pennsylvania, Tennessee, Missouri, and Kentucky. A review of consumer complaint websites and the records on file at the PACER (Public Access to Court Electronic Records) website indicate that Eltman Law, PC has been accused of violating the FDCPA during debt collection attempts.
Alleged Violations against Eltman Law, PC
According to PACER, on or about June 29, 2015, Eltman Law, PC sent Florida resident Michael Sosa a post-judgment collection letter indicating that the original creditor was Springleaf Financial Services, Inc. and the debt was owed to LVNV Funding, LLC. However, the judgment creditor as indicated in the state court action was American General Finance.
On or about July 14, 2015, Eltman Law, PC served Mr. Sosa with a Notice of Application for Wage Execution (garnishment). It was directed to a company that was not and never had been his employer.
Mr. Sosa also subsequently discovered that the firm was not the attorney of record for American General Finance in the state court action. He reacted by hiring a consumer attorney and suing Eltman Law, PC for the following alleged FDCPA violations:
- Using false, deceptive, or misleading representation or means in collecting on a debt.
- Falsely representing the character, amount, or legal status of the alleged debt
- Threatening to garnish his wages, which it could not legally do
- Sending the Notice of Application for Wage Application, which it was not authorized to send
- Using unfair and unconscionable means to collect or attempt to collect a debt
- Improperly communicating with a third-party
The matter was later dismissed.
Hire an Attorney
The phone numbers for Eltman Law, PC are:
If either number appears on your caller ID when the phone rings, be aware that a debt collector is trying to reach you. If they initiate legal action they are not permitted to take or make unauthorized third parties aware of your debt, hire a consumer attorney. If you decide to sue, Eltman Law, PC could be compelled to pay you $1,000 per FDCPA violation as well as attorney's fees, court costs, and any actual damages. Never assume that because you owe money a debt collector is free to take advantage of you. The law states otherwise.
*Case taken from PACER (www.pacer.gov). File number is Case 2:15-cv-07113-JMV-MF from the United States District Court, District of New Jersey.
Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Eltman Law, PC or any other third-party collection agency, you may not be entitled to any compensation.