Erin Capital Management LLC & Eltman, Eltman and Cooper obtained substituted service of process on an unknown, unnamed person at a former address for me, which was over 3 years old. I had moved to a new address in the same county, disconnected my old landline phone at the old address, connected a new LISTED landline phone at the new address, gotten a utility bill and bank accounts in my name at the new address, notified the Department of Motor Vehicles, and the Registrar of Voters of the new address.
They quite evidently went out of their way to avoid due diligence research to ascertain my new address, and apparently purposely served a stranger at an expired, defunct address to avoid providing actual notice to me of their lawsuit. This is a sneaky, surprise attack kind of way to practice law. Of course, after they would have seized money from my bank account, and rendered me without resources to meet living expenses and defend against an already accomplished judgment makes it also very effective and somewhat difficult to undo.
How would purposely avoiding providing actual notice not unethical? I am in the process of researching how to undo the default judgment based on defective service and lack of actual notice. Should I not complain to the State Bar of California? And file a lawsuit based on unethical &/or illegal collection practices? If anyone has had such experiences with them, or proceeded against others for similar unethical practices, please share your thoughts and experiences. Thanks!
E M
Oakland, California
U.S.A.
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