I received a summons by CCC and Debt Collection Agency

[bigphil]

This is my first time posting...I have been viewing the post of the members for the last 3 weeks. Today I was served by the CCC and debt collectors today. I have 21 days to respond or received a default judgement against me and my wife.



On July 16, 2004, I sent the CCC a request for VoD and requested that the CCC do not contact me by telephone or by correspondence from a third party. On August 10, 2004, I received a letter from a Debt Attorney advising that I am being sued and I have 30 days to response. On August 30, 2004, I responsed to the Debt Attorney (dunning letter) with:



" I do not recognize your recognizance for you have failed to make your offer under the penalties of perjury. I do not know who you are; I do not know where you came from. I do not know your delegated authority or regulatory authority. I do not know your geographical Jurisdiction or Venue for addressing me unless you obey your obligation to me and sign your offer in ink and swear under the penalties of perjury"



Well today I was served at home with a SUMMONS AND COMPLAINT giving 21 days to respond. One of the things included in the SUMMONS AND COMPLAINT was an affidavit outlined as:

1. ARIELL MENDOZA, being first duly sworn, deposes and says:



2. This Affidavit is made upon information and belief of the affiant after review of the records pertinent to the account of HOUSEHOLD BANK (S, N.A. account number XXXXXXXX.



3. If called as a witness, I can testify competently to the facts contained herein.



4. The note or other written evidence of indebtedness in this matter has been destroyed, lost or is inaccessible.



5. The account balance of $XX,XXX as of 8/11/04 is justly due and owing and there are no offsets or counterclaims against this balance.



6. Upon information and belief, none of the above named defendant(s) is/are active duty in the military service of the United States or any of its allies as defined in the Soldiers & Sailor's Relief Act of 1940 with amendments.



BY Signed

ARIEL MENDOZA

Declarantrr



NOTARY PUBLIC





Please any suggestion of how I should response to the courts and debt attorney.



BigPhil

[Jerseee]

BigPhil,



(Boy what a screen name! I feel a slight loss of manhood calling you that. hahahaha)



Anyway, welcome to the forum!



As you have highlighted in bold in your post---you have answered your own question. Can they verify the debt? If there is no note--how in the world can there be a debt? Or an obligation for that matter?



If the this is the case, I'll send you the same thing hoping to get paid some FRNs!! What's your address? :-p



Stop defending yourself and start demanding proof of their claim. Offer to pay in full upon proof of claim. have a promissory note ready and signed by a notary.



Whatever you do--you must answer the complaint.

[Ice]

Check the rules of evidence in regards to the note used as evidence being "original" and not a copy.



Use that info and Motion to Dismiss. Just remember that your "Answer" must deny their allegations of this alleged debt. Demand absolute postive proof. And don't allow the judge to attempt to "reconstruct" the original note. He wasn't there and has no knowledge of the terms and conditions of such contractual agreement -- if there was any. (Remember, anyone can make almost any kind of document on today's PC's ... so the copy could be a fake!)



Ice

[EnSabahNur]

No proof of debt (original debt instrument), NO DEBT.



Big deal someone can testify to the fact. Is it a real Affidavit, are they swearing under penalty of perjury? I doubt it. File a counter Affidavit, swearing under penalty of perjury, that there is no debt.



Who gives a **** that someone can attest to the information. No signed contract.......no debt.....prove it *******.

[EnSabahNur]

Tact is not my thing, probably why I keep ending up in handcuffs.



Point being, until I see MY ORIGINAL SIGNATURE, nobody sees any money, well, oxymoron...there is no money.



Try this...ask the judge if they will accept a non-redeemable note drawn on a private bank. When they say "No", pull out a $20 Federal Reserve Note and say "You're honor, they just refused payment."



If they say "yes", draw up a promissary note right there on a coctail napkin, or their lawyers tie.

[bigphil]

Wow!

I have been reading this thread for about 3 hours, I want to start by thanking Jerseee up front. If I don't comprehen anything else in this thread. The one thing I will do first is "demand for certified verification according to USC 15, Chp 41"



"ALWAYS demand verification and offer payment immediately if it can be verified. Also by offering a good faith payment (in full) upon verification eliminates the argument. Since it is payment they want--you will be more than pleased to tender payment (including interest if necessary) immediately, upon proof of their claim. This should be in all of your responses. It would eliminate all the threats or it should. But with that statement in your documents to them, it puts you in honor. Hell, if the debt is valid and you are offering to pay it--why would they have a problem showing you proof that you owe it? (hint: have your CPN ready)"



PS..Jerseee am I correct in understanding that HJR 192, allows me to offer a Certified Promissory Note (CPN) as long as its notized as tender for payment



PPS..BigPhil is reference to my height 6"7, not my manhood

[seeker]

You have 21 days to respond -- you respond with a petition to vacate and include the "I have not seen not have I been presented with, nor do I believe any such proof exists that ---



CCC is a holder in due course able to provide proof under FRE # ---

that NAME has agreed to third party intrusion into a private matter

I would definitely throw in the fact that they have admitted that no proof of indebtedness exists(SO WHY THE HECK ARE WE HERE? Okay, me and EnSabahNur!)

Check on of the other threads, I laid out a bunch of stuff to present



Point on Affidavit -- ANY one can make an affidavit -- read them carefully -- and this one is no exception! -- what they are saying is that this information is true

TO THE BEST OF MY KNOWLEDGE -- does it say, I have FIRST HAND knowledge?

So what if they can examine an account and say it is VAlid -- as Jerseee said, send me your address and tell me how official you'd like my "statement of account "to look-- I'lll send you an inch of statements with consecutive months on it if you'll pay me whatever I say it shows you owe me! Heck I'll make it two inches think! (that's what I got from Citibank!) Check the Affidavit -- is it dated? Is it in front of a notary? Is the notary's commission up to date? Does you state require certain things of "foreign" affidavits? (Indiana does! Ask Prof Jim!)



You just need to let the court know that there is no dispute; that you have sought a private administrative remedy;that the CCC and DA have not responded to your requests for validation under the FDCPA -- and do it by Affidavit and by special appearance -- One of the things you may wish to cite is lack of Personal jurisdiction by the court due to no dispute to adjudicate -- you have not disputed the debt, you have ask for orginal, certified Validation! And they have not only not responded, but told you no such evidence exists. Man, they dealt you the winning hand, you just have to play it!



Seeker

[bigphil]

Is there some case law that I can reference concerning requiring the courts only to accept the original note as evidence as opposed to a copy. I would like to include in my reply summons and debt-attorney.



BigPhil

[seeker]

Look in the Federal Rules of Evidence on this site -- it states "best evidence" rule -- I'll look in my file also for cites.



Seeker

you don't need to demand anything, they have already provided the lack of evidence by their own admission!



4. The note or other written evidence of indebtedness in this matter has been destroyed, lost or is inaccessible.



notice the phrase EVIDENCE OF INDEBTEDNESS in that statement. THEY CAN'T PRODUCE THE EVIDENCE TO SHOW YOU OWE ANYTHING.



press that with the judge and you should win. file a motion to dismiss based upon their own testimony!



jon