Ok how do I go about suing Eskanos & Adler and what laws have they boken
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Posted by JW
(66.159.199.55) on June 27, 2004 at 11:46:02:
Eskanos & Adler sent me (I'm in California) a *pay or we will sue* letter dated April 8, 2004. I responded that this debt is seven years old. They filed a lawsuit against me on April 20(it was written April 13 before they even got my first letter and a few days after they sent the "pay or we will sue" letter). The only thing I got officially served was the Order to Show Cause and the case management hearing because they have chosen *not* to serve me with the summons and complaint. Which is why the court generated the ORC. They represent a Credit One, LLC; an out of state collection agency who bought an old CitiBank charge off that I had. It was an old Home Saving Master Card that I stopped paying on in 8/1997 due to being on worker's compensation. Their letter was dated April 8, 2004. I responded that this debt is almost seven years old and threatening to sue over a debt that is beyond the California statute of limitations is a violation of the Fair Debt Collection Practices Act. They signed for my letter April 15. They filed a lawsuit against me on April 20(it was written April 13 before they even got my first letter and a few days after they sent the "pay or we will sue" letter). The only thing I got officially served with was the Order to Show Cause and the case management hearing. They have chosen *not* to serve me with the summons and complaint. After being served with the ORC I wrote another letter demanding Verification. They sent me a Xerox of the last bill Home Savings sent me. I recognized it and the charges. I impressed that they even found it. But even so, it is way past the four-year statute of limitations. I still can't believe after seeing the bill (BTW is was the 8/1997 bill payment due 9/1997) they gave 15 days to make arrangements to pay. I wrote them back and told them that their efforts to try and collect violated the federal Fair Debt Collection Practices Act. I am under no legal obligation to fulfill Credit One’s fantasy. I also filed complaints about them with the proper state and federal agencies. This bill has *never* appeared on any of my credit reports until Credit One; LLC reported it in April (are we seeing a pattern here?). I've also disputed it with all the CRA's. Fortunately one actually has the proper date of the last activity. So it will drop of my report in about two months. Eskanos has also been snooping around in my credit report. I guess to see if I was employed. Damn funny because my former place of employment is listed. I’ve been on disability retirement for over three years. (I get SSDI and my house is homesteaded) Also the original debt was for $5447.39 but they want $12,037.09. Talk about inflation. Ok what is next? Can I sue them and for how much and which rules have they boken?
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