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Old 02-10-2004, 06:08 PM
Montana
 
Posts: n/a
Re:Does discharging debt mean I accepted it?



kgod,


You answered my next question with your post.& I was wondering if I should discharge the debt according to hjr 192, or if I should bring up the fraud when I go in front of the judge.& I was told that would be arguing. (the person that told me that must know Jerseee.)& So thank you for posting what your learned.


Everybody,


I am going to list two aspects of my situation that add some serious thought:


1.& I signed a stipulation to judgment with the debt collector/attorney before I knew my right.& Therefore I do have a signed contract with the third party, which them makes them a first party.& However, I signed this not knowing all of the facts.


2.& Attorney received judgment when my bank sent agreed payment to the wrong address (no, I'm not kidding)


So, the more I think about these things, the madder I get.& I am a University student and when I have time between classes I go to the law library and read.& Today I was reading all about cases involving contracts that did not have full disclosure.& It seems to me that a pretty strong case in traditional courts, is one that can prove that harm came to the plaintiff because of the lack of disclosure by the defendant.


Now, I sure as hell wasn't informed of my rights before I signed the stipulation to judgment.& Did the debt collector have an obligation to tell me my rights because he in an attorney, or not, because he was an opposing party?


Also, it seems very obvious to me that debt collectors are illegal everyday.& So obvious that I am wondering if there is some other law out there making what they are doing legal.& Please don't think I don't believe everything that I have read in the code and in HJR 192, it just seems that something that clear would be easier to enforce.


So, what would happen if a person&went to a judge and explained these easy to understand things.& It is this kind of question that makes me crazy.&


Thanks everybody.


Montana
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