|Response to Interrogatories|
|I got a summons on a debt I owe to the |
The law firm has now sent me a certificate regarding discovery whereby they indicate that I had a revolving loan account with Bank of America and that it was sold to Midland. No mentioned is made of the fact that the last payment on this loan was made well past the 3 year
They also sent a request for interrogatories where they asked all kind of information regarding whether I made debt and How should I answer them since my position is that I had the account and made the purchases but that the statue of limitations has been reached for the debt? I am pretty sure that I have not paid on this loan since 2004. Do I have to prove this or do they have to prove that I made payment since then?
Thanks for any assistance.
You need to be able to prove when you made your last payment to the creditor,Add 30 days to that and you have the start of the statute of limitations. It runs until they filed the lawsuit against you. Your problem now is not only that you have to prove your argument. If you had been a creditwrench student you would have known to send them your demand for admissions at the same time you sent your response thereby immediately putting them behind the curve instead of the way it is now. You definitely need to send your own demand for admissions and make them tell you when you made your last payment to the creditor among other things.
I have a somewhat similar situation going on right now. On Monday, November 9th, Allied Acceptance called me and informed me that I owe a
Of course I was recording the call. I told her that I wanted them to send me a demand letter which she agreed to do. She wanted to know if the address she had was correct and I told her it wasn't and gave her my current address. So from that point on they had 5 days within which they must have had their demand letter in my hands since that was their initial contact with me. They called the next day too but I couldn't take the call at that time. Then she called again today. Of course I was recording and we went back and forth a bit and then I told her that I dispute the debt and demand that they validate the debt. "What are you disputing?", she asked. "All of it", I replied. Then she wanted to know how come I thought I could just say I don't owe the debt and get away with that. (LOL) Needless to say, I didn't tell her the real reason I can get away with doing that. I want to lead them on.
You see, since I said I disputed the debt and demanded validation every call they make is illegal continued collection activity. A federal offense. When and if their letter comes I'll dispute the debt and demand validation all over again. I am thinking it might be a while more before I get that letter and of course I also hope they forget to put the Miranda warning on it and maybe make a few other mistakes. There are other ways they can violate and I'll make sure they do. I'll even beg them to sue me and I sincerely hope they do because as soon as I hear from some attorney about this I'll sue them in federal court and start in on the lawyer, building him/her up to a federal lawsuit.
I'll sue the lawyer and the