How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask John Your Own Question

John
John, Attorney
Category: Legal
Satisfied Customers: 2787
Experience:  Licensed and practicing attorney.
71296933
Type Your Legal Question Here...
John is online now
A new question is answered every 9 seconds

Erin Capital Management apparantly filed a judgement against

Resolved Question:

Erin Capital Management apparantly filed a judgement against me in Albany, NY in April 2013. I did not learn of this until I requested a credit report. I have now received a notice from Eltmen, Eltmen And Cooper indicating that my judgment account has been referred to their asset investigation department. The original creditor was U.S. Bank N.D. I have had no business with them for approximately 10 years, at which time I was ill and destitute and did not have funds to pay off the debt. I have no assets except an old car and a low income from SSDI. What can I do to clear my credit? Can they seize my car as their letter indicates?
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. If you want to clear up your credit, you'll need to have the judgment set aside. You will have to motion the court to set aside the judgment. Unfortunately less scrupulous attorneys and process servers will forge the defendant's signature on a proof of service. So if you have recent signature samples bring them to the court with you. And likewise be able to explain that you did not receive the original summons. Additionally it sounds like this debt is well beyond the six year statute of limitations. Thus when you get the judgment set aside you can have the whole case dismissed by claiming that the matter should be thrown out for being beyond the statute of limitations.

You SSDI income cannot be touched. The car could theoretically be seized to satisfy the judgment. NY law does allow for the seizure of automobiles for the satisfaction of a judgment. However, a car generally has to be worth at least 3 to 5 thousand dollars to make it worth it for the plaintiff to seize it, because the costs of having the car seized and sold has substantial costs associated with it so that the creditor has to at least get this to cover those costs.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – select the Reply to Expert or Continue Conversation button. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 1 year ago.

Thank you for your quick response. Do I begin by going to the court that issued the judgement? (as listed on my credit report) At some point Erin Capital Management acquired the debt from the original creditor. Does the statute of limitations begin when they acquired the debt or when I last had dealings with the original creditor? What if the debt has been sold more than once? Do I need legal representation for this?

Expert:  John replied 1 year ago.
Hi, thanks for your reply. I'll answer your follow-up questions as follows:

Do I begin by going to the court that issued the judgment? -- Yes, and inquire what they would need for you to file a motion to set aside the judgment, and if they have court forms available for you to file.

Does the statute of limitations begin when they acquired the debt or when I last had dealings with the original creditor? What if the debt has been sold more than once? -- The statute of limitations begins to run from the original time that you stopped paying on the debt; regardless of who owns the debt now or how may times it has been sold or transferred.

Do I need legal representation for this? -- Not necessarily. It depends on how comfortable you are with courts and figuring out the process. You'll then have a hearing at some point. So you'll need at least minimal ability to explain your case to the judge.

Hope this helps clarify. Let me know if I can be of further assistance.
John, Attorney
Category: Legal
Satisfied Customers: 2787
Experience: Licensed and practicing attorney.
John and 17 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.