Questions an attorney might ask in a deposition~

Johnson v. MBNA America Bank, NA and Experian Information Solutions, Incorporated; Equifax Credit Information Services, Incorporated; and Trans Union LLC 357 F.3d 426, 431(4th. Cir. 2004). Read the part where the judge says something about the alleged debtor making payment (or payment arrangements) on an unverified debt. He said the jury would construe this as the debtor making payment arrangements when she had no legal obligation to do so . . . . . . Bottom line, the bank bears the burden of proving the validity of that contract before it can demand payment from you . . . .That outta take care of that question . . . ;-)

[dadmoonbunny]

DashBoy et al,

Besides all the legaleeze the attorney might throw out, you should consider the possibilty of a word attack in plain language in an effort to further influence the black-robed office filler behind the bench.

By way of example: So, you claim to be an honest man, yet you want to welsh/not pay/forgo this honest debt for which you are responsible.

These personal attacks border on libel, but do not quite cross the line. They are designed to either throw you off your argument, or to make you flustered and angry. You must not only have control of your knowledge of the way things are, but of your emotions as well. Wear your best poker face.

Originally Posted by trbish

to me this would be a broad question and a challenge to reply. I recognize the focus would be to stay on point with the "contract", "meeting of the minds", "two signatures"....but how would you reply to this

have you ever used xyz ### credit card to make a purchase?

I BELIEVE THE KEY IS TO BUILD UP YOUR CASE SO IT'S NOT ABOUT RESPONDING TO THESE KINDS OF QUESTIONS. THE ATTORNEY HANDLING THE CASE IS ACTING AS A DEBT COLLECTOR. HOW DO YOU KNOW HE/SHE IS
AUTHORIZED TO COLLECT? HAVE YOU SEEN ANY EVIDENCE? WHERE'S THE CONTRACT BETWEEN THE ATTORNEY AND THE ALLEGED CREDITOR?
IS THE ATTORNEY IN VIOLATION OF FDCPA?

CHECK OUT THESE TWO CASES:

Heintz v. Jenkins, 514 US 291, at 291 (1995) FDCPA applies to lawyers engaged in debt collection and states specifically as follow: “…a lawyer who regularly tries to obtain payment of consumer debts through legal proceedings meets the Act’s definition of ‘debt collector’: one who ‘regularly collects or attempts to collect, directly or indirectly, [consumer] debts owed … another.” 15 U.S.C. Section 1692a(6) Additionally, a 1986 senate report 99-405 included attorney’s as well as judges in the prohibitions.

A debt collector must provide verification before an attorney can collect in court. see S.D. Florida. Pablo Martinez, debtor, Plaintiff, v. Law Offices of David J. Stern .A., Defendant Bankruptcy No. 99-42274-BKCRAM. May 30, 2001.

Originally Posted by dadmoonbunny

By way of example: So, you claim to be an honest man, yet you want to welsh/not pay/forgo this honest debt for which you are responsible.

I would answer that with:

"If I am responsible, as you just asserted,I am ready for you to prove that by the production of the original, so that we can clear this matter up."


and then say:

"Is it your testimony that I am responsible for this "honest debt" without producing any competent evidence?"

[dadmoonbunny]

HENRYBOWMAN ETC. ,

I guess I should have included that these statements and others similar in nature were not, in fact, accurate, and purely a type of mind game designed to impress the unknowing/uncaring while at the same time giving the impression that the person at whom the question is directed is less than honest.

This one was tried on myself by an individual over the telephone which purported to be a debt collection attorney. My reply was simple. I told them as follows:

"You already have my address. I respectfully request that you send a Verification Of Debt (VOD) letter on your company stationary, and after my counsel has examined it, I may reply IF this is an honest debt. "

That was over two months ago, and I have yet to either hear from that firm, or receive another telephone call from them. I did not know about such things until about a week before that call, when I read about VODs on this board, so I thank all of you, and pray for blessings on all.

By the way, I give out the URL for the site to everyone that seems to be interested. I always warn them though, that once you have learned, there is NO going back.

sic gorgiamus alus subjuctatos nunc

[Jerseee]

How about tendering a CPN or Boe or whatever, right then and there?

Just sign the note and have a notary sign it--right then and there. Then tender the payment. No need to argue over not being paid.

[Freedomless]

How about "Yes/No, however there is no valid contract.

Originally Posted by Freedomless

How about "Yes/No, however there is no valid contract.

Invoking the protection of the Statute of Frauds requires them to produce the original.

HB