The Langel Firm defends consumers against New York state court collection lawsuits brought by Eltman, Eltman & Cooper, P.C. In appropriate cases, we may also take action against Eltman, Eltman & Cooper on your behalf in federal court for violations of the Fair Debt Collection Practices Act.
The Langel Firm Wipes out $30K Garnishment by Eltman, Eltman & Cooper, P.C.
Arguing misidentifcation of the creditor, lack of capacity, and lack of notice, we stopped the garnishment in its tracks and convinced its attorneys to fold the case. See the blog here.
Without litigation, we convinced Eltman, Eltman & Cooper, P.C. to immediately vacate a Yonkers City Court judgment and discontinue its credit card lawsuit on behalf of Erin Capital Management, LLC. Producing copies of tax documents, credit reports, and title reports, Eltman conceded our position and cooperated in providing all necessary disposal papers. Erin Capital Management, LLC. v. M.G., 3683/05.
Representing CACH, LLC, Eltman, Eltman & Cooper, acknowledged its venue error upon our submission of 7 pieces of proof establishing our client's residence in Florida for over 17 years. We argued that her bank restraint, which was premised upon a venue violation, provided our client with an actionable claim under the FDCPA. Eltman quickly agreed to release the bank account, vacate the judgment and discontinue its action with prejudice.
CACH, LLC v. E.K., 067581/06 (Civil Court, New York County).
Another venue problem leads to an immediate release, vacatur and discontinuance. Here, Eltman again, out of court, accepted our client's documentary evidence showing that he had been residing in California during the time of the alleged service. NCO Attorney Network v. E.D., 40168/03 (Civil Court, New York County).
FEDERAL COURT CASES
Complaint alleges Eltman, Eltman & Cooper Misidentified Creditor in Collection Letter
The Langel Firm filed a federal complaint against Eltman, Eltman & Cooper for violating the Fair Debt Collection Practices Act ("FDCPA") for its use of an "Asset Investigation Letter" as a collection device seeking payment on a judgment obtained by Midland Credit Management through different counsel, Cohen & Slamowitz, LLP. The letter, we argue, misidentifies the creditor as "MRC Receivables," creates a false sense of urgency, and fails to contain the required validation disclosure notices required under FDCPA §1692g. J.N. v. Eltman, Eltman, & Cooper, P.C., EDNY 2012 (12-4485).
ELTMAN, ELTMAN & COOPER CITED IN THE NEW YORK LAW JOURNAL
One case brought by Eltman, Eltman & Cooper, P.C. was so defective that the judge called it a "veritable perfect storm of mistakes, errors, misdeeds and improper litigation practice." The court sanctioned the firm (imposed fines) for frivolous conduct, and in the court's written opinion, listed eighteen separate sanctionable acts committed by the firm. See more at Eltman Sanctioned for Abusive Conduct. And see the full text of the opinion at
Erin Services Co., LLC v. Bohnet.
ELTMAN, ELTMAN & COOPER BIOGRAPHICAL INFORMATION
Eltman is a New York domestic professional corporation with its principal place of business in New York, New York. It was formerly known as Eltman & Eltman, P.C. It often represents debt buyer Erin Services Co., LLC.