Doormonkey,
do not get discouraged!! For as smart as Judge Roy is, the facts remain that from just about all of his posting here on Sui Juris, he is good at telling you what you can't do and never seems to offer
any specifics on what you CAN do to help yourself.
This is what I think to be important but in the end it is up to you to decide on how you proceed.
First, the burden of proof is upon them! They must prove that you and your husband owe upon a VALID debt. Offer to pay the debt, but only after they provide you with Proof! What proof??? Well to begin with you need to see with your own eyes
your original blue ink signature on the original contract/agreement they claim you or your husband owe upon. This would be the original promissory note or credit card application. But understand that it does not stop there. It must also be unaltered!
Secondly, who's note or application is it. In others words, who holds rights, title, and interest in the underlying asset of the note? Do they? If so, what proof do they have that they do? Mere possesion does not automatically mean ownership! If I steal your kidds bike does that make me owner of it? If you intrust me with your kidds bike while you and the family are on vacation, does that make me owner of it??
What they don't tell you can hurt you! And what they don't tell you is that these notes are debt securities governed under Article 8 of your states UCC and federal securities law. So how did they acquire ownership of the note?
Also in understnading who the owner of the note/asset is, think on this:
- We know it is against federal law for a bank to loan its own assets,
- We know it is against federal law for a bank to loan its own credit,
- We also know that a bank can not loan out other depositors asset without first getting that depositors written authorization to do so first.
With these three things being the factual case, who's "money did they loan you?
Thirdly, and what I think to be most important is that the promissory note and or credit card application is a EVIDENCE OF INDEBTEDNESS......NOT THE DEBT ITSELF. Where lies the
"situs" of the "DEBT"????? Or in layman terms, WHERE IS THE DAM DEBT?
(247 U.S. 142; 38 S. Ct. 452;62 L. Ed. 1038 MARIN v. AUGEDAHL No. 227)Promissory notes are only evidences of debt and not the debts themselves. Their situs, therefore, is not the situs of the debts; the situs of the debts is at the residence of one or the other of the parties to the relation.
People have a hard time getting their brain to comprehend this last one, but with study you can! Doormonkey, do not get fustrated or discouraged! Do what is right and Honorable!
dashboy~