being sued-- what do I do?

[Brekka]

Hi there, Please excuse any misspellings and such. My husband was served papers last night for a credit card debt. We had not recieved any correspondance from this company that I am aware of and this is a debt from several years ago. We saw that there me be some recourse on the age of the debt?,but really have no idea.... We dont even know what we need to do at this point. Any advice would be very welcome. Thank you in advance.

[Lawdog]

Well, if you can't afford to hire a lawyer to defend you, you need to file an answer raising any valid defenses you have (statute of limitations, improper service, etc.), as well as any counterclaims you have against the plaintiff.

You don't want to do nothing and have a default judgment entered against you. Getting one of those set aside can be a real hassle.

[sheisaceo]

My God, do not listen to Lawdog! He is one of 'them' and is a plant here on this forum!

Please search for all refusal for cause threads on this forum. You have three days to write refusal for cause, diagonally, across the first three pages of the petition in red ink and return keeping copies showing the same color ink. This is part of maritime law and not the contractual fake statutory law that everyone is threatened into performing which is benign as long as you respond appropriately and QUICKLY!

BTW, the result of this action is that the cause will be dismissed for 'lack of evidence'. It works every time as long as protocol is followed.

[trooper2ls]

Yes I have to agree with Sheisaceo.. Lawdog is a mis-guided child. He is claiming to be an Attorney and a Law student. It's alright Lawdog, you don't know any better.

Attorney: . . . with obligation to the courts and to the public, not to the client, and wherever the duties of his client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the later. (emphasis added); Corpus Juris Scandium, 1980, section 4 See note. (All attorneys owe their allegiance, first the Crown of England, nest to the courts and then to the public and finally, to their clients. Is it any wonder your attorney never wins a case for you?)

Attorneys are members of the BAR. The American Bar Association is a branch of the Bar Council, sole bar association in England. All laws, today in America, are copyrighted property British company , all state Codes are private, commercial, British-owned "law". All attorneys follow instruction from England, Attorn, twist and turn over their clients to the private law of the bankruptcy. That is their job. That is their pledge to those whom they owe allegiance.

Note: By definition, the obligations and duties of attorneys extend to the court and the "public" (government) before any mere "client." Clients are "wards of the court" and therefore "persons of unsound mind." See also 'client', 'wards of court'.

..J

[Brekka]

Sooooo, what I understand is then, to write across the papers that I have after I copy them,,refusal for cause.
Then do I resend these to the lawyer that filed against him or to the clerk of court?

[sheisaceo]

Originally Posted by Brekka

Sooooo, what I understand is then, to write across the papers that I have after I copy them,,refusal for cause.
Then do I resend these to the lawyer that filed against him or to the clerk of court?

Actually both. Send the original to the presenter and a copy to the clerk of the court. Please make sure that you have some kind of certificate of service to include either postal witnessing to mailing or if you deliver this in person, then to take another copy for yourself and have the clerk sign and stamp all copies for verification. I tried to make my blanket r4c better per Akira's admonishment. Please find the attachment below.

It might not be as pretty, but it is solid and without argument of any form. It is just a blanket refusal.

[PANICPASS]

If you send the papers back to the court and to the other party nothing will happened but a default judgment in about 30 days. The court will send the papers back to you with a letter saying that they cannot accept them without a filing fee. If no filing fee (first appearance fee) is paid then default judgment will be entered against you. The court won't file anything for you without a first appearance fee. They will treat your papers as if you never appeared. It's really that simple.

The attorneys have a lot of nerve suing you without having ever sent you one letter. Before they can have standing to sue they first have to follow the procedural prerequisites found the Fair Credit Billing Act. No procedural prerequisites (exhausing administrative remedies) = no standing to sue = no subject matter jurisdiction in either federal or state court.

They are relying on your ignorance to win, and most of them do.

[sheisaceo]

Originally Posted by PANICPASS

If you send the papers back to the court and to the other party nothing will happened but a default judgment in about 30 days. The court will send the papers back to you with a letter saying that they cannot accept them without a filing fee. If no filing fee (first appearance fee) is paid then default judgment will be entered against you. The court won't file anything for you without a first appearance fee. They will treat your papers as if you never appeared. It's really that simple.

The attorneys have a lot of nerve suing you without having ever sent you one letter. Before they can have standing to sue they first have to follow the procedural prerequisites found the Fair Credit Billing Act. No procedural prerequisites (exhausing administrative remedies) = no standing to sue = no subject matter jurisdiction in either federal or state court.

They are relying on your ignorance to win, and most of them do.

PanicPass, this is not the case in JP court. This may be true in County Court, but I know for a fact that you have to submit an answer and there is no fee to submit your answer. I will give a phone number to the JP court for the county that I am familiar with to support this.

As for county, I will attempt to confirm this information personally.

[Brekka]

Thank you all so much for your wisdom and advice. We really do appreciate it . So does the court go by 72 hours (3 days) as working days? I know these must be infantile questions but as I think I said before we really have no idea how these things work. *embarrassed*

[PANICPASS]

How do you know they came from the JP court and not a county court? Did Brekka say the papers came from a JP court?

3 days would be 3 business days (excluding weekends)