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Please Review Cross Interrogatories


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I'm being sued by Eskanos and Adler. Based on my googling, I found that they are zombies, junk debt buyers. I've been hit with Form Interrogatories, .

BTW, they are suing on behalf of MRC Receivables, which is midland credit. The OC is Household/Orchard and the account is past the statute of limitations. Last payment was April, 2002. I still have the statement.

Feedback is immensely appreciated as I have to mail my reponse before January 18, 2006

Cross Interrogatories:

Admit that your efforts to collect are time-barred in the state of California and violate the Fair Debt Collection Practices Act.

Admit that initiating a lawsuit for the purposes of collecting a time-barred debt is a Felony under California Penal Code 518-527 for Fraud/Extortion see: Kimber v. Federal Financial Corp., 668 F. Supp. 1480 (D. Ala. 1987);

Admit that you have not proved the debt is mine and that I am obligated to pay it.

Admit that the correspondence mailed to me about this debt did not include original creditor prior to filing lawsuit

Admit that you have not furnished proof of the alleged debt, and note that past billing statements are not considered proof.

I'm working on more.

Their questions to me to follow. Please note, they have not provided proof of debt and admitted in writing that they haven't done any research on the debt prior to suing me.

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Before you answer, do some research on the difference between interrogatories and requests for admissions. The plaintiff is pushing the envelope on the interrogatories, as they are nothing more than disguised reqests for admissions. Since they are technically not the same, they don't serve to admit to a disputed fact in the same way a RFA does, but they will certainly be used to impeach your subsequent testimony or contradictory pleadings.

You have the right to object the questions and to have a hearing on your objections. Read thoroughy your Rules of Civil Procedure regarding the subject.

If you haven't spoken with an attorney about your case, you should consider doing so. Good luck!

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Maybe you should call the attorney and tell them it is out of SOL presuming it is. When is DOLA/DOFD reporting on your CR's?

Quite a few people for some reason dont want to call the attorney thats suing them, when in fact it may be one of the best things you can do, IMO. For example, I called the attorney for the plaintiff that is suing me every day asking for documentation. Their collections department got so sick of hearing from me every day they transferred me to the attorney representing the case. I told my side of the story to him, and how I had been requesting documentation for months and no one has provided it. He said, and I quote

"In all fairness, I don't want to waste either of our time. Assuming you have requested this info since 3 months ago, I will go ahead and file an order of nonsuit (meaing I win)."

Supposedly he sent the order today. We will see though.

My advise is to call the attorney for the plaintiff, tell your story, and advise that it is out of SOL. They may just drop the case if you bring up SOL and it is relevant.

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Well, in my affirmative defense I pretty much asked them to prove the debt is mine and they've failed to do so. I sent the CA a debt validation, which they haven't answered. I didn't use the time-barred as a defense, but the it is a time barred account.

I've been told to amend my answer.

I looked up my case with the courts. It's still in "pending' status and no court date has set.

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I've spoken with the attorney's office and told them that the account is passed the SOL. They claim I made a payment in Sept. 2005. I told her that's false. I never made a payment last year.

I asked her to whom I made the payment and for how much did I make it. She said that she wasn't going to do the research.

I don't know what DOLA/DOFD is. But MRC is not reporting on my credit report, but Midland credit is. They are suing me on behalf of MRC, not Midland.

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DOLA is Date of Last Activity that reports on your CR. You are sure you did not make a payment? If you did, you are pretty much screwed when it comes to the SOL defense. Is this your account? If the attorney says you made a payment, then a payment must be reflecting on the account, when was the last payment you made. Make sure you are right, because they may have proof of payment, typically checks or m/o's are scanned into file.

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I am one thousand percent sure I didn't make a payment last year. She knew I didn't make the payment which is why she wouldn't or should I say couldn't say for how much and to whom I made the payment too.

WHen I told her that's important, she just said since we're going to settle the debt, it's not necessary. But the next thing I knew, I got the form interrogs. I have solid proof of my last payment. There's not a document in this world that exists showing I MRC a thing!

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Yes, the account is mine. But when the lawyer sent me a notice saying they were going to sue me, not only did they not say who the original creditor was but they admitted to me in writing that they hadn't done the research on the account. So, you're going to sue me based on hearsay? That was part of my defense.

Apparently, they have a reputation for doing this and for violating the FDCPA.

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