Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 01-04-2007, 07:41 PM
beeboah beeboah is offline
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Did I question Subject Matter Jurisdiction by asking the Plaintiff this question?

A few months ago I sent the following requests to the Plaintiff when I was struggling with the concept of Subject Matter Jurisdiction:

Are these words considered a formal request for subject matter jurisdiction???

1) Please provide me with a document that says Gary's Law firm has proper standing to represent Bob's Bank, or alternatively a document which verifys that Gary's Law firm's purchase of alleged debt from Bob's Bank.

2) If you have purchased alleged debt from Bob's Bank, please provide me with a my alleged signed agreement with Bob's Bank that states I agreed to the assignment for collection purposes.

In my grounds for defense, what did I ask the Plaintiff.

I believe that this request could be a useful exhibit, and hopefully I questioned Subject Matter Jurisdiction.

Did I?

Thanks!!
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  #2  
Old 01-04-2007, 07:53 PM
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Did you send or serve?

There is alot more to questioning jurisdiction and you should maybe study up more or get the advice of a professional.
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Last edited by Codee : 01-04-2007 at 07:55 PM.
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  #3  
Old 01-04-2007, 07:59 PM
beeboah beeboah is offline
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Quote:
Originally Posted by Codee
Did you send or serve?

There is alot more to questioning jurisdiction and you should maybe study up more or get the advice of a professional.

Sent via first class mail and fax.

Codee, I gotcha, but should this even be an exhibit?

What did this establish? Nothing?

I have to get moving on these grounds of defense, so I want to use anything that I have sent the plaintiff.

Could this be used for anything besides the trash?

Don't worry I will get the hang of Subject Matter Jurisdiction, just wanted to know if I could attach it to my grounds of defense as something useful.

Thanks!
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  #4  
Old 01-04-2007, 08:09 PM
beeboah beeboah is offline
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Well I am going to answer my question, because in VA cases brought without proper standing are nullities according to some case law that I have.

So proper standing has nothing to do with subject matter jurisdiction??

Or is it just an element of it?
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  #5  
Old 01-04-2007, 08:10 PM
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NOT LEGAL ADVISE
Quote:
Originally Posted by beeboah
Sent via first class mail and fax.

Codee, I gotcha, but should this even be an exhibit?

What did this establish? Nothing?

I have to get moving on these grounds of defense, so I want to use anything that I have sent the plaintiff.

Could this be used for anything besides the trash?

Don't worry I will get the hang of Subject Matter Jurisdiction, just wanted to know if I could attach it to my grounds of defense as something useful.

Thanks!

I don't know much about the debt elimination stuff. Sorry bro.

I feel that if the guy has no standing then you need to definitinely know why he would not,,, as you have asked.

But I do not know of a way short of bill of particulars if a vailable of civil discovery to make the the evidense actulized. Your letter is just an informal comunication and becareful to never threaten anyone.

One could ask about such letters but if you mailed it your self and have no proof of service I prsonally do not know what would becaome of such evidense trying to be introduced. I have not tried that ever.

I really may not be the expert here as I do not fully understand your case.

Good luck.
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  #6  
Old 01-04-2007, 08:24 PM
beeboah beeboah is offline
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Codee that's ok. I am going to use it to illustrate bad faith then. Nothing lost there.

I have other grounds
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  #7  
Old 01-04-2007, 08:58 PM
beeboah beeboah is offline
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Codee I think this was a challenge to SMJ.

Check these parts of Siren's posts as she tried to explain SMJ to me.

"Having no standing/legal right means there is NO jurisdiction over the subject matter (the subject that the matter is about)."

"They also have no jurisdiction if the plaintiff does not have the legal right to bring action (a complaint) against the defendant."

Anyone want to kick in? I am ready to put the court on notice that SMJ has been challenged, but Plaintiff fell silent.
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  #8  
Old 01-05-2007, 08:39 AM
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Quote:
Originally Posted by beeboah
Codee I think this was a challenge to SMJ.

Check these parts of Siren's posts as she tried to explain SMJ to me.

"Having no standing/legal right means there is NO jurisdiction over the subject matter (the subject that the matter is about)."

"They also have no jurisdiction if the plaintiff does not have the legal right to bring action (a complaint) against the defendant."

Anyone want to kick in? I am ready to put the court on notice that SMJ has been challenged, but Plaintiff fell silent.

I have never heard of the JURIDICTION to an action being "challenged" before a proceeding starts.

You may ahve set yourself up for a godd SMJ challenge but you will need to properly challenge the SMJ when the time is ripe.

Just my opinion.
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  #9  
Old 01-05-2007, 03:23 PM
beeboah beeboah is offline
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I am not just saying it, but I agree with you 1000%
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