10-24-2006, 10:03 AM
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Join Date: Oct 2004
Location: Manitoba, Canada
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lawsuit by credit card company
A CCC has filed a lawsuit for 3 different credit cards. Not the issue though... One of these cards already has a judgement against me from last year! I tried something different, along the lines of UCC stuff, but that is for a different discussion. Can they legally sue again for something they have a judgement on?
Also, the affidavit that they sent had an error. The "banker" that filed the affidavit said that I applied for one of these cards the year that I was 16! An obvious error. How would I go about handling this. Court date is Nov. 8. Oh, yeah, I'm in Canada...
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10-24-2006, 09:06 PM
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Location: Water Wonderland
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Just make sure you do not have any money in your bank account! Overdraft only since that can't be tagged. This is to keep the creeps from making a presentment "check" to your bank following a summary judgement that 28 days later they will clean you out. At least in the states thats how it works, check your local laws. They may pull some stunt like getting the judgement order without you even being notified. Check your court dockett regularly to make sure they ain't doin' no sneaky pete garbage because debt attorneys are the scum of the Earth!!!!!! Stuff like the error in their summons may or may not make any difference to the judge. Only if this complaint is not really you.
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10-24-2006, 09:58 PM
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[quote=dalrex]A CCC has filed a lawsuit for 3 different credit cards. Not the issue though... One of these cards already has a judgement against me from last year! I tried something different, along the lines of UCC stuff, but that is for a different discussion.
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Can they legally sue again for something they have a judgement on?
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O yea, citation for asset discovery,before any ganishment etc. If you have a real estate, they can easily file the lien against it , and record it with recorder of deed without taking you back to court to enforce it.
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Also, the affidavit that they sent had an error.
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Ignore that irrelevant.
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The "banker" that filed the affidavit said that I applied for one of these cards the year that I was 16! An obvious error.
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They have to proof their claim upon relief can be granted.
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How would I go about handling this. Court date is Nov. 8. Oh, yeah, I'm in Canada...
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Answer the summons and support it with motion to strike or motion to quash, failing to state a claim upon relief can be granted.
Powder, can chime in on this one, he abode in canada, and he familiar with Canada laws etc.
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10-24-2006, 10:54 PM
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Join Date: Oct 2004
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cc lawsuit
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Originally Posted by dalrex
A CCC has filed a lawsuit for 3 different credit cards. Not the issue though... One of these cards already has a judgement against me from last year! I tried something different, along the lines of UCC stuff, but that is for a different discussion. Can they legally sue again for something they have a judgement on?
Also, the affidavit that they sent had an error. The "banker" that filed the affidavit said that I applied for one of these cards the year that I was 16! An obvious error. How would I go about handling this. Court date is Nov. 8. Oh, yeah, I'm in Canada...
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I just had a similiar case in ohio.
I never appeared in court. I never signed for the summons, failure of service.I went to court view 2000
in Franklin county ohio looked up who was sueing me, I submited papers to clerk of court, Judge read them said no an answer or motion, that was okay, because he read the papers i entered, before I was served, It prejudiced the judge aainst me.
One of the quickest ways to end your court problem is when they call your name
say Your Honor we are in agreement that ends the contorversary and there is no case.
You then can make private arangements with collector,with a list of admissions demanding they produce the original contract you signed. I hope this helps some. Thre are some great people on this forum that have far more knowledge than I do. Hope they help you. and be sure cc company has standing to sue
that is if they are registered to do business where you are located if you are in canada and they are ,lets say North Dakota or Virginia they do not have standing unless they are registered with what the US calls the Secetary of state to do business in state or providence you are in.
Charlene
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10-25-2006, 10:18 AM
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Join Date: Oct 2004
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Originally Posted by charlesa6
O yea, citation for asset discovery,before any ganishment etc. If you have a real estate, they can easily file the lien against it , and record it with recorder of deed without taking you back to court to enforce it.
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They already have a garnishment that they sent to my work, almost a year ago. I think it is only good for 1 year anyways, so that should drop off soon. Obviously, they didn't get a cent out of the garnishment, because I knew it was coming and made arrangements  There is nothing registered in my name worth liening.... |
10-25-2006, 07:50 PM
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Originally Posted by dalrex
They already have a garnishment that they sent to my work, almost a year ago. I think it is only good for 1 year anyways, so that should drop off soon. Obviously, they didn't get a cent out of the garnishment, because I knew it was coming and made arrangements There is nothing registered in my name worth liening.... |
Good job, my friend. They get nothing and they are biting their tongue.
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10-26-2006, 02:16 AM
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Join Date: Feb 2005
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Originally Posted by charlene
[snip]
One of the quickest ways to end your court problem is when they call your name
say (")Your Honor we are in agreement(")
[and] that ends the contorversary and there is no case.
You then can make private arangements with collector,
with a list of admissions demanding they produce the original contract you signed.
I hope this helps some.
Thre are some great people on this forum that have far more knowledge than I do.
Hope they help you.
and be sure cc company has standing to sue
that is if they are registered to do business where you are located if you are in canada and they are, lets say North Dakota or Virginia they do not have standing unless they are registered with what the US calls the Secetary of state to do business in state or providence you are in.
Charlene
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Charlene: unfortunately, your post above and quoted here were too glossed and
missing important information; specifically your (")'d phrase;
Please expand on your statement to the "judge"
followed by an expansion of the ``private arrangements''
thanks very much.
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