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Re: Eskanos & Adler sueing over a seven year old credit card account
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Posted by Keyser Soze
(152.163.252.196) on June 15, 2004 at 07:41:27:
In Reply to: Eskanos & Adler sueing over a seven year old credit card account posted by JR on June 15, 2004 at 02:28:59:
Dear JR; You are doing well. Never let the enemy erode your confidence, that's the beginning of his ill-gotten victory. Demolish his will to fight. This doot-fly wannabe lawyer illegally threatened you. You disputed the SOL debt. They are experts in their field, they know they face countersuits and FTC trouble for suing on time-barred debt. You gave these barking goat colons fair warning.
Did they really file suit? Check with the court clerk, they might be bluffing. You say they sent a summons. Did the Sheriff serve this? Is there a case number?
As to recourse, you beautifully outlined your defense. You told the collector the debt is SOL. This scumbag must cease all collection activity until he validates the debt. He didn't. He makes his sleazy living by frightening people with lies and threats, conning them into thinking they have no rights, the standard M.O. of criminals.
He's in trouble. He failed to validate. He brought a time-barred suit. You are disabled, your income is exempt from garnishment. Don't worry about paperwork, that's for him to produce, provided you demand it. He will produce nothing of substance, hoping instead to get you to agree that at one time you owed the money. Don't. Sign nothing, say little.
Hit this puny little scumfly hard, make him prove his case. This is his party, he invited you at gunpoint by force of law. Make him cater it. Make him eat his fecal, vomitose word-sangwiches.
If sued, file your answer with court. To each of his lies, formally called 'Counts', plead 'Lack Knowledge'.
Along with your answer, file Motion to Dismiss on SOL Grounds. He might go away. If not, he'll file for Summary Judgement, a cheap trick to deprive you of your right to a hearing, if you play along. Don't. File Objection to Motion for Summary, SOL grounds, stating he has produced no evidence proving his case.
He won't produce it because he likely doesn't have it. If he does, he hangs himself by his own pencil-neck, because evidence will prove the debt is SOL, he didn't validate, didn't cease activity.
File complaints with FTC, the Bar, your State AG and his State AG, and BBB. You can countersue this scuzzbomb as well, he might end up owing you. Admit nothing. Fight them hard. Hardly, Keyser Soze
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