No Notice and Demand

Icesgirl · #1 01-16-2005, 02:41 PM

I received a letter from an attorney in regards to an alleged debt.
He stated he has filed suit, but I could make payment arrangements by calling.

Jerseee · #2 01-16-2005, 07:49 PM

make him verify the debt first and at the same time offer payment in full.

If he refuses to verify the debt--then how can there be any judgement if he cannot prove that there was a valid debt to begin with.

Even so, have your note ready and a notary on standby.

Icesgirl · #3 01-16-2005, 09:13 PM

Jersee

Ok, but summons was taped to my door (dated Dec 29th) received summons in mail on (Jan. 3).

#4 01-17-2005, 04:36 AM

First thing I would do is submit a motion for extension of time, stating that I just received the summons on December 29, and I need time to conduct discovery (90-120 days), and state clearly that I am unschooled in the law, and that I cannot afford an attorney. (Didn't say that I didn't want one, save that for in person. I just want to let them know that I am putting the ball in their court liability wise if they proceed against me without providing due process.)

I would also state that this is the opposing party's first contact with me, and therefore I have no idea what his standing is, so discovery is a must,

and, (if it were me,) I'd demand a trial by jury.

I'd be getting some questions together in an interrogatory,

A request for admissions, (making him admit that he never contacted me before filing suit.)

All of this is what I would do if it were me.

Icesgirl · #5 01-17-2005, 05:45 AM

Aren’t they supposed to exhaust administrated process before filing a law suit?

This Guy didn’t start administration...

I am looking for suggestions on this topic.

seeker · #6 01-17-2005, 07:40 AM

Boy, I would love some success with this type of thing! Unfortunately, I think we are still 'missing something'. I had the same situation and the judge just steamrolled the plantiff to victory -- regardless of my notice of default, regardless of my request for discovery (never answered), regardless of my request for judicial notices (more than one- oath, proof of holder required etc), regardless of the request for validation, regardless that the filing was the first contact with no other taking place, regardless of the VoD request that was ignored, regardless of the proof of standing request (I have since received the CRA report stating that this account was sold, has zero balance PRIOR to the judgement, but still they are listed as the plantiff!)

I had hoped cute_chick had found a way, but I think she too has met some opposition in her process. WHAT are we missing here? Why are they disregarding our requests? Is it because it is an Admiralitity Court and we are not properly presenting our case? Is it a case of the 'good ole boys network'? Is it that they do as they please and the hell with 'We the People' because we are not organized and cohesive enough (yet!), to affect an effective hammer to nail their sorry carcasses to the barn door?

Following with interest.

Seeker

Down, but not out!

bulldozer · #7 01-17-2005, 12:07 PM

Seems I have been running into everything getting ignored lately too. I send vod's... the phone still rings off the hook, I think some of these people think i'm too ignorant to know what to do about violations or them ignoring the law. That's ok, i'm learning and I plan on going after them...every seen a cat chasing a snarling pitbull down the road? One day i'll be the cat...

IMOP I think we should start focusing on going after people, and i mean the people who work at the debt collectors agency's or the people who work for the ca who are calling you non stop or sending you letters, etc, are they in fact not the one's violating the laws? Can you imagine what would happen if billy bob who works for an CA,who keeps bugging the crap out of you with letters that are full of violations, get's taken to small claims because of these violations? Maybe I'm wrong in my thoughts here...but it's just a thought

Icesgirl · #8 01-17-2005, 02:13 PM

I am thinking of adding some FDCPA Codes to my affidavit.

#9 01-17-2005, 02:57 PM

Quote:

Originally Posted by bulldozer

Seems I have been running into everything getting ignored lately too. I send vod's... the phone still rings off the hook, I think some of these people think i'm too ignorant to know what to do about violations or them ignoring the law. That's ok, i'm learning and I plan on going after them...every seen a cat chasing a snarling pitbull down the road? One day i'll be the cat...

IMOP I think we should start focusing on going after people, and i mean the people who work at the debt collectors agency's or the people who work for the ca who are calling you non stop or sending you letters, etc, are they in fact not the one's violating the laws? Can you imagine what would happen if billy bob who works for an CA,who keeps bugging the crap out of you with letters that are full of violations, get's taken to small claims because of these violations? Maybe I'm wrong in my thoughts here...but it's just a thought

THIS IS A GOOD POINT. I'M STARTING TO ADDRESS THE DEBT COLLECTOR'S NAME SPECIFICALLY. THE LAST TWO LETTERS I SENT WERE ADDRESSED TO THE SPECIFIC NAME ON THE CA LETTER. SO FAR ONLY ONE PERSON HAS ACTUALLY RESPONDED TO A VOD LETTER.

#10 01-18-2005, 04:14 AM

Quote:

Originally Posted by seeker

I had hoped cute_chick had found a way, but I think she too has met some opposition in her process. WHAT are we missing here? Why are they disregarding our requests? Is it because it is an Admiralitity Court and we are not properly presenting our case? Is it a case of the 'good ole boys network'? Is it that they do as they please and the hell with 'We the People' because we are not organized and cohesive enough (yet!), to affect an effective hammer to nail their sorry carcasses to the barn door?

Actually Seeker I'm not in litigation with my creditors right now so, no, I have not experienced any opposition in court to date . . . . . .

In any event, I''ve sent out approximately 5 VOD letters and I got 4 responses back; albeit unresponsive in the sense that no one could make arrangements for me to inspect the original contract and no one could furnish proof stating that a valid contract exists. Basically, all they came up with is payment histories, photocopies of an alleged contract, or bogus explanations as to how a valid contract was formed in an attempt to save their asses. One creditor even showed up at my door requesting to *speak to me* about my VOD letter so that we can resolve this matter. Another creditor requested an extension of time to respond to my VOD.

Bottom line, these creditors are scurrying like rats in their attempt to circumvent my VOD. And yes, all dunning letters and collection calls have ceased. Furthermore, Experian is re-investigating a second time 2 accounts that were previously verified back in October . . . . . .