Last weekend was Easter and I drove down to spend time with family - as I went to leave and fill my tank to drive home - I discovered I couldn't use my ATM card to gas up. Annoyed I tried to log into my bank online Monday AM, only to have my password reject and have to call the bank. They told me that my account had been "Restrained" by someone named Eltman. The only information they could give me was a phone #.
I admittedly made some poor credit decisions in college and decided to allow some bad debt charge off and wait the 7 years for the statute of limitations to expire. My credit suffered, and it took me years to finally get "back on track"- I haven't had as much as a late payment in 3 years and while still in debt paying my current creditors faithfully.
After 3 calls Monday to "Eltman" and research on the internet I finally pull a credit report I see a judgment from 5 years ago that is apparently this bad debt. Without so much as notice they froze my accounts for a debt that is now 11 years old. Erin Capital Management apparently bought the debt from the original lender and filed this judgment years ago without contacting me.
Speaking with Ms Richardson today she put me on hold several times only to come back and say we sent a notice at the time of the judgment to this ABC address - and we tried to call you at this XYZ phone #. Neither were mine, but they were up the road from a previous address. I informed her of such and she said that was the fault of the original lender - and regardless they attempted to serve notice of this judgment.
Looking on the internet I discovered usacomplaints.com and lo and behold Eltman came up with several similar tales. My credit at the moment is going to be negatively affected by late payments (not having access to my account) unless I agree to enter a payment agreement with these scum. I said this is extortion, and Ms Richardson replied - "No, we are just trying to collect on behalf of our client" Of course their client is really them~ they admit as much on Erin Capital Management's website.
Never knowing that I had this judgment before this week, I am now facing numerous fees from the bank and I will probably just agree to a settlement to remove the mark from my credit and pay off these scumbags once and for all - She told me I could try to vacate the judgment, but I already admitted that I owed the $. Additionally, going through the courts would keep my account tied up for 30-90 days - working with her I could lift the freeze on my checking account in 3 business days. What I said was that I had a Citicard that I defaulted on 10 years ago and I thought the statute of limitations had run out on it - therefore I was no longer legally responsible, however due to this sewer served judgment it will be on my credit for the next 20 years.
If I can vacate the original judgment on grounds that I was improperly served is this debt collectable since it is beyond the statute of limitations for the original debt? The amount of the original debt was $1300 is it worth trying to hire an attorney and fight them?
Someone please help - my personal finances are in danger of being ruined all over again unless I give into what I believe is a scam and these lowlife scumbags are cheating the system to coerce people into paying debt that has long since passed the SOL.
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