We Defend You Against
Erin Capital Management, LLC

The class of consumers alleged that they received collection letters from Erin Capital's counsel, which were computer generated and submitted without any meaningful attorney review. The consumers thus asserted a violation of the FDCPA, as the letters were allegedly "false, deceptive and misleading because the least sophisticated consumer would believe the letter[s], and all documents concerning the alleged debt referenced therein, were reviewed by an attorney prior to" the time they were mailed.

A settlement agreement was proposed between the parties, however, and the court approved the settlement, provided the parties consent in writing.

3 Takeaways from Reade-Alvarez v. Eltman, Eltman & Cooper, P.C.:

1. Attorney Review Crucial: The case emphasizes the need for genuine attorney oversight in debt collection letters, highlighting potential FDCPA violations.

2. FDCPA Violation: Computer-generated, unreviewed letters can mislead consumers and violate the FDCPA.

3. Settlement Option: Courts can approve settlements in class action suits, offering a potential resolution pathway.

Class Action against Erin Capital Management for non-licensure becomes Certified

Consumer debt defendants obtained class certification to pursue its FDCPA claim against Erin Capital Management complaining of its non-licensure before commencing lawsuits and enforcing judgments. Collins v. Erin Capital Management, LLC (2013 WL 1164026, U.S. District Court, S.D. Florida).

Erin Capital Management: New Trial Ordered for Inadequate Records

In Erin Capital Management, LLC v. Indira M. Garcia, the defendant appealed a judgment in favor of the plaintiff, issued by the Civil Court, Bronx County. The plaintiff had sought to collect a credit card debt amounting to $3,266.13. However, the court's record was deemed insufficient for meaningful appellate review, particularly concerning the timeline of charges incurred by the defendant and the alleged default of payment obligations. Consequently, the judgment was reversed, and a new trial was ordered to provide a decision that adheres to the specificity requirements of CPLR 4213(b).

Takeaways from Erin Capital Management, LLC v. Garcia:

1. Adequate Record Keeping: The case highlights the importance of having a comprehensive record for a meaningful appellate review. The lack of sufficient documentation led to the reversal of the original judgment.
2. Legal Specificity: The trial decision must adhere to the specificity requirements outlined in the law, such as those given in CPLR 4213(b). Erin Capital Management, LLC v. Indira M. Garcia, 570008/06 (N.Y. App. Div. 2006).

FDCPA Case Partially Dismissed Against Erin Capital Management

In Andrade vs. Erin Capital Management, the District Court partially granted and denied Erin's motion to dismiss Andrade's claims. Andrade alleged violation of the Fair Debt Collection Practices Act, which Erin contested citing statute of limitations and Andrade's failure to request debt verification within 30 days. The court dismissed the § 1692g claim but retained the violation claim, instructing both parties to proceed to mediation.

Legal Takeaways in Andrade vs. Erin Capital Management:

1. The court may reject a statute of limitations defense if the plaintiff was unaware of their rights being violated.
2. Claims under § 1692g of the Fair Debt Collection Practices Act must meet specific requirements for verification requests.
3. Courts can encourage dispute resolution on merits, emphasizing the importance of mediation. Case citation: CASE NO.: 09-21186-CIV-HUCK/O’SULLIVAN.

Erin Capital Management, LLC Biographical Information

Erin Capital Management, LLC is a foreign limited liability company incorporated in Delaware and is located by designated agent at 35 East 21^st Street, 5^th Floor, New York, New York, 10010. It also has an address at 140 Broadway, #38, New York, NY 10005. The address listed with the Department of Consumer Affairs (as a debt-collection agency) is 50 Bayside Drive, Atlantic Highlands, NJ 07716.

Erin Capital Management, LLC is licensed (#1277900) by the Department of Consumer Affairs to collect debts in the City of New York.

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More information to help with a wage garnishment:

• Receive a Notice of Garnishment? Here’s a Summary of New York Law
• How much of my wages can be garnished? Summary of New York Law
• Vacating a Default Judgment in New York: 8 Fine Points

Here is a list of New York City’s Marshals who enforce wage garnishments:

• City Marshal Ronald Moses
• City Marshal Bruce Kemp
• City Marshal Gregg E. Bienstock
• City Marshal Martin Bienstock
• City Marshal Henry Daly