What is the name of your state? CA
(I'm sorry for the lengthy posting, but I need advice please. Thank you!)
I have recently received a call from the law firm of Eskanos & Adler claiming that they have initiated wage garnishment from a judgment on an alleged debt I owe to Discover Card. Among the many inconsistencies in the information they have about me and this alleged debt is an incorrect address where they stated they had sent the summons/paperwork to (or as they said, where I was "subserved"). E&A claim they got the address off a credit report, but I have never lived at or heard of this address before, never received any paperwork from them and therefore was not aware of this judgment or given the opportunity to dispute the validity of it.
My questions are:
1 - the said Discover Card account was closed in September of 2001, but subsequently purchased by 2 other lenders before getting to Eskanos & Adler...if there were any monies owed, hasn't the statute of limitations expired (4 years under California law) and their collection would therefore be invalid and in violation of Fair Debt Collection Practices Act (FDCPA) rules?
2 - is it legal for them to have proceeded with this judgment after sending any communication to an invalid address which I have no knowledge of or relation to? (without verifying this address as mine, it seems like it was done intentionally to make it LOOK like the papers got to me even though they did not. Especially for the fact that E&A only called me after the alleged judgment was made and they were calling as an "fyi" about the wage garnishment...convenient how they could finally reach me at the correct location then...willful violation of FDCPA rules?).
3 - haven't they violated a number of other FDCPA rules including: privacy policies from sending legal documents with personal information on it to an unverified address/person(s); contacting my employer about wage garnishment from a judgment I was never aware of; harassing/threatening me at work, and lying...one of E&A's loan collectors said that, "the documents have already been delivered to your employer by the county Sheriff's office and there's nothing we can do to stop them", followed by a conversation I had with that collector's manager who unintentionally confirmed this was untrue and the papers had not been delivered yet, and that they would hold on any wage garnishment until they address issue is sorted).
4 - E&A was adamant about NOT sending me anything in writing from their offices, but asked me to send them a letter stating that I have never lived at the address in question. This again, seems suspicious to me and I don't know what their intent is. Should I instead send Eskanos & Adler a letter verification requisition letter and/or an expired statue of limitations notification letter?
Any advice on the best way to proceed is most welcome. Thank you!!!