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cleaningout · Dec 8, 2008, 03:03 PM

I'm being sued by Eltman Eltman & Cooper (Erin Capitol Management) and just my summons yesterday. The amount I'm being sued for is $11'000+ and the SOL is not up for this one until five months from now.

I've read online that many of these debt collectors are betting that the defendants will ignore the summons and the debt collector wins the case by default. If the defendant actually answers to the summons, most debt collectors will drop the case either right then or in the discovery face, because the debt collector usually does not have enough evidence that they can legally collect this debt.

I am going to answer this summons within the thirty days that I have and find out if this company really does owns the debt.

My question is what I've read online is really true?
I would like to hear from anyone who went through the same and either won or lost their case.
Also would like to hear from anyone who have any experience with this company (Erin Capitol Management). I'm wondering if this company are one that just roles over and doesn't want to work to get my money or if they really did their home and I can expect they have all the legal evidence they need to collect.

Thank you.

JudyKayTee · Dec 8, 2008, 03:32 PM

Originally Posted by cleaningout

I'm being sued by Eltman Eltman & Cooper (Erin Capitol Management) and just my summons yesterday. The amount I'm being sued for is $11'000+ and the SOL is not up for this one until five months from now.

I've read online that many of these debt collectors are betting that the defendants will ignore the summons and the debt collector wins the case by default. If the defendant actually answers to the summons, most debt collectors will drop the case either right then or in the discovery face, because the debt collector usually does not have enough evidence that they can legally collect this debt.

I am going to answer this summons within the thirty days that I have and find out if this company really does owns the debt.

My question is what I've read online is really true?
I would like to hear from anyone who went through the same and either won or lost their case.
Also would like to hear from anyone who have any experience with this company (Erin Capitol Management). I'm wondering if this company are one that just roles over and doesn't want to work to get my money or if they really did their home and I can expect they have all the legal evidence they need to collect.

Thank you.

Do you owe the money? Do you have a defense to not paying? What you are reading and quoting applies to out of Statute debts which are written off and sold to third parties. This is a debt which - according to you - is within Statute.

You answer and request documentation of the debt. They either have it or they don't. You hope they don't. I am confused as to why they sued you in Small Claims for $11,000, which in most places is over the SC limit.

The companies which purchase debts out of Statute and then attempt to collect cannot collect Judgments; you are within Statute and they CAN obtain a Judgment. Statute no longer matters because you were, in fact, served within the Statute.

They have every reason to continue on and attempt to get a Judgment against you, a Judgment which they can then legally enforce through whatever means are legal in your State.

(You are aware EE&C is, in fact, a law firm which handles collections? It is not a stand alone collection agency.)

cleaningout · Dec 8, 2008, 04:12 PM

Thanks for your reply Judy,
Yes I do owe this debt. I lost my job four yes ago and my credit card debt build up to $4000 that eventually defaulted, when I couldn't keep up. I guess with interest etc, it's now $11'000 I owe.
My debt was sold to a third or fourth party and I know EE&C is a law firm that's handling the case.
I am within statute, but the burden of proof lies with the plaintiff that I owe them this debt. At the very least I want to make sure I pay to the right people and not just assume it.
Yes you are right, this thread shouldn't be in the small claims. I posted it wrong, but don't how to transfer the thread over to the correct one..

Fr_Chuck · Dec 8, 2008, 04:55 PM

No, most show up in court with records from the credit card company. But you have nothing to lose in defending and going to court.

cleaningout · Dec 8, 2008, 05:12 PM

Originally Posted by Fr_Chuck

No, most show up in court with records from the credit card company. But you have nothing to lose in defending and going to court.

Thanks Chuck.
Do you know this from personal experience?

JudyKayTee · Dec 8, 2008, 06:40 PM

Originally Posted by cleaningout

Thanks for your reply Judy,
Yes I do owe this debt. I lost my job four yes ago and my credit card debt build up to $4000 that eventually defaulted, when I couldn't keep up. I guess with intrest etc, it's now $11'000 I owe.
My debt was sold to a third or fourth party and I know EE&C is a law firm that's handling the case.
I am within statute, but the burden of proof lies with the plaintiff that I owe them this debt. At the very least I want to make sure I pay to the right people and not just assume it.
Yes you are right, this thread shouldn't be in the small claims. I posted it wrong, but don't how to transfer the thread over to the correct one..

Right - so, as I said, respond and ask for documentation. If you do nothing they'll get a Judgment against you. If you do something you'll have a shot at it and at least you'll know you tried.

You might want to use the search feature - lots of very similar questions in this economy.

I would be very surprised if the debt was sold when it was still within Statute. I suppose it happens but I'm in and out of Court fairly frequently and I see the original creditor getting the Judgment, perhaps through a law firm, but not a person who purchased it. Might be different in other parts of the country.

Makes no sense to sell it at this point - not when it's within Statute. The "sensible" thing is to sue you, get a Judgment. Why sell for pennies on the dollar?

I'm not saying it didn't go through various law firms and/or collection agencies - I just don't think it was sold.

cleaningout · Dec 8, 2008, 07:44 PM

Originally Posted by JudyKayTee

Right - so, as I said, respond and ask for documentation. If you do nothing they'll get a Judgment against you. If you do something you'll have a shot at it and at least you'll know you tried.

You might want to use the search feature - lots of very similar questions in this economy.

I would be very surprised if the debt was sold when it was still within Statute. I suppose it happens but I'm in and out of Court fairly frequently and I see the original creditor getting the Judgment, perhaps through a law firm, but not a person who purchased it. Might be different in other parts of the country.

Makes no sense to sell it at this point - not when it's within Statute. The "sensible" thing is to sue you, get a Judgment. Why sell for pennies on the dollar?

I'm not saying it didn't go through various law firms and/or collection agencies - I just don't think it was sold.

Yes for sure I am going to respond. Got nothing to loose with these first steps. Thanks for the encouragement.

The reason I think this debt was sold is first because my credit report shows it. Equifax says it was charged ooff and account transferred or sold. The other two says it was purchased by another lender.
Second, the plaintiff, Erin Capital Management, I have never heard of and I know for sure I have not taken any loans directly from them. There's no mention of the Orig. Creditor in the summons.

I guess I will go through the motions and verify that they do legally own the debt and can prove it. If they do I think my best option will then be to settle with them if I get that chance.
One new question I have concerning this; If I settle, will this only be on my credit report from original delinquents or will the settlement show up for the next seven years?
I know if it goes to judgment in Plaintiffs favor, it will be on my report the next seven years.

mlr08 · Dec 9, 2008, 10:28 PM

Check out this blog by an Alabama consumer attorney Alabama Consumers Sued By Debt Buyers Or Collectors - Two Essential Things To Remember :: Alabama Consumer Law Blog

Interesting read and I think it'll give you a perspective on these kind of lawsuits.

JudyKayTee · Dec 10, 2008, 05:55 AM

Originally Posted by cleaningout

Yes for sure I am going to respond. Got nothing to loose with these first steps. Thanks for the encouragement.

The reason I think this debt was sold is first because my credit report shows it. Equifax says it was charged ooff and account transferred or sold. The other two says it was purchased by another lender.
Second, the plaintiff, Erin Capital Management, I have never heard of and I know for sure I have not taken any loans directly from them. There's no mention of the Orig. Creditor in the summons.

I guess I will go through the motions and verify that they do legally own the debt and can prove it. If they do I think my best option will then be to settle with them if I get that chance.
One new question I have concerning this; If I settle, will this only be on my credit report from original delinquents or will the settlement show up for the next seven years?
I know if it goes to judgment in Plaintiffs favor, it will be on my report the next seven years.

Again, why would a creditor sell of a debt within the Statute? I know you don't know and neither do I. This part of it makes no sense. If there is any proof at all that the debt is yours they can "simply" get a Judgment. Why sell it off>

And it's being collected by a law firm, not a collection agency, a law firm which does not buy bad debt.

Fr_Chuck · Dec 10, 2008, 06:03 AM

Yes a law firm works either for the original debtor, a collection agency or a company that bought the debt,

Many collection people have a "in house" attorney firm that may have an attorney in their office or sends out letters for them.

But in general if they believe they have a chance of actually getting the money from you, ** you have a job, money in the bank, own a house and so on, it is easy for them to merely pay an associate attorney a small fee to be in court that day, it may not be an attorney from that firm, if the court location is in another state, there are a few attorneys that is all they do, go to court and they may represent 10 or 12 other law firms that day in court.

And of course all of those legal fees are added to the bill.

cleaningout · Dec 10, 2008, 10:31 AM

Thanks for the feedback guys. I will update this as I go through the motions of this lawsuit and the outcome once it's done for others to reference in the future.

All the academia information regarding this kind of lawsuit has been helpful, but if there's anyone who has gone through this personally I would like to hear about your expereince(s)...

ScottGem · Dec 10, 2008, 10:56 AM

Originally Posted by JudyKayTee

Again, why would a creditor sell of a debt within the Statute? I know you don't know and neither do I. This part of it makes no sense. If there is any proof at all that the debt is yours they can "simply" get a Judgment. Why sell it off.

Actually, this is not that uncommon. Creditors would rather charge off the debt them sell it, even for pennies on the dollar, then expend the effort to collect. Its possible they did conduct some collection effort, saw the debtor couldn't pay so just wanted to get it off their books.

As indicated you have nothing to lose by defending against the suit. And the possibility that they will not have sufficient verification for the debt is pretty fair.

But remember that the debt is an obligation that you incurred. Even if you can defeat the suit, it doesn't mean you aren't morally obligated to pay.

JudyKayTee · Dec 10, 2008, 03:14 PM

Originally Posted by ScottGem

Actually, this is not that uncommon. Creditors would rather charge off the debt them sell it, even for pennies on the dollar, then expend the effort to collect. Its possible they did conduct some collection effort, saw the debtor couldn't pay so just wanted to get it off their books.

As indicated you have nothing to lose by defending against the suit. And the possibility that they will not have sufficient verification for the debt is pretty fair.

But remember that the debt is an obligation that you incurred. Even if you can defeat the suit, it doesn't mean you aren't morally obligated to pay.

Thanks Scott - always glad to hear the other viewpoint. Makes no sense to me business-wise, but I do understand the logic.

cleaningout · Nov 7, 2010, 12:19 PM

So I never updated this as I thought I would do... Better late than never.
I went through all the motions of this suit and did everything I needed to do so I would not default on the judgment. I came so far as to get a court date and I showed up as well. When the judge called me up and the plaintiff, I was the only one there. The other party never showed up or had anyone represent them. The result was the case was dismiss and the suit dropped. End of story. I never heard from the Plaintiff again and the money owed has since gone to SOL.

ScottGem · Nov 7, 2010, 12:35 PM

Originally Posted by cleaningout

I never heard from the Plaintiff again and the money owed has since gone to SOL.

Thanks for the update, but that statement is not quite correct. It depends on whether the case was dismissed with out without prejudice. If it was dismissed WITH prejudice, then the case is over and the plaintiff cannot bring it again. But if not, the plaintiff can reinstate the case. SOL stopped the minute the plaintiff ORIGINALLY filed.

s_cianci · Nov 7, 2010, 01:05 PM

If "Eltman Eltman & Cooper" is a legitimate law firm then you can bet that they've "done their homework" as you say and are prepared to go to court with their case against you. If, on the other hand, they are just a collection agency then they may be counting on getting a default judgment. File your response like you said. In it, demand proof of the debt (even if you feel that you legitimately owe it), proof that they own the debt and therefore have the right to collect it and proof that they are licensed to collect debts in your state. The response you receive (if any) should alert you as to how strong their case is.

ScottGem · Nov 7, 2010, 01:39 PM

Originally Posted by s_cianci

Go ahead and file your response like you said. .

Got to read the WHOLE thread as well as check the dates. The OP was returning (after 2years) to report what happened. Which was that the plaintiff failed to show and the suit was dismissed.

s_cianci · Nov 7, 2010, 04:45 PM

Originally Posted by ScottGem

Gotta read the WHOLE thread as well as check the dates. The OP was returning (after 2years) to report what happened. Which was that the plaintiff failed to show and the suit was dismissed.

I know ; I found that out after the fact.