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PANICPASS,
One of the key things I have learned from Cornforth are strategies so to speak. Challenging subject matter jurisdiction and the like. To be more accurate in regards to my statement above -- I have used a great deal of the "spirit" of Cornforth's technology, theories, concepts and the like. Cornforth does not really have any sort of "boiler plate" process that I am aware of, his materials are more-so guides and examples and non-linier in my opinion. What I enjoy doing is studying the concepts from all angles and putting my own personal understanding behind it. I can state that I have used void judgment petitons before with some sucess but not 100 percent thus far. The first time I used it I did make a few errors but later resolved the issue.
For lawsuits dealing with debt matters in particular credit card debt I use a strategy in part derived from Cornforth and a gal by the name of Sharron Martin. They offered key inspiration at best however I designed the pleading and thus far it has yeilded consistant success, but to say it is a magic bullet -- hardly.
The answer pleading that I have been using is:
RESPONDENT’S ANSWER TO COMPLAINT with AFFIRMITIVE DEFENSES AS PRESENTED by AFFIDAVIT OF Willy Wonka,
CONCURRENT NOTICE OF REMOVAL TO FEDERAL COURT and MOTION TO DISMISS WITHOUT PREJUDICE (F.R.C.P. 12(b)6)
Cornforth in some instances uses notice of removal however I got the idea mailing from Sharon Martin. Any time someone is sued in state court it is the wrong jurisdiction. Why?, you may ask; the grounds are simple and I'll pull them from the document.
JURISDICTIONAL CHALLEGE
35. Affiant herby and herewith challenges subject matter jurisdiction with respect to this instant case for this matter involves a number of “federal questions” namely:
• Interstate Commerce
• Title 15 U.S.C. “Truth in Lending Act”
• Title 15 U.S.C. “Fair Debt Collection Practices Act”
• Title 15 U.S.C. “Fair Credit Reporting Act”
• Title 12 U.S.C “Banks and Banking”
• Title 5 U.S.C Administrative Procedures Act
36. Plaintiff is a purported “lending institution”. Lending (Banking) institutions that operate within the United States, Federal Enclaves as well as Federal Territories are regulated and subject to Federal Jurisdiction.
If anyone would like to verify whether or not this strategy has worked or not please see the post on our message board from Mary C. who had her cased dismissed 5 days after she filed her Notice of Removal Answer. In fact, I think I copy/pasted it into the success stories here on SJ.
In any event, I don't know anyone who's stuff works "all the time", period. If anyone knows the guy who has the that sort of stuff -- let me know, sign me up or whatever.
Jason
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NOTICE & CAVEAT: This post is provided "AS IS" and without warranties of any kind either expressed or implied and is not to be construed as legal advice in any capacity whatsoever.
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