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Erin Capital Management apparantly filed a judgement against

me in Albany, NY in...
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?
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Answered in 1 hour by:
7/1/2013
John
John, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5,790
Experience: Licensed and practicing attorney experienced in consumer protection law.
Verified
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.

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Customer reply replied 4 years 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?

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
John, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 5,790
Experience: Licensed and practicing attorney experienced in consumer protection law.
Verified
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