Whoa Nelly!

[masterduke]

In response to a summons and complaint (being sued by debt attnys) and not being able to afford yet another "bar" member. I filed a motion for a more definite statement. Reason; not enough info here to to file an afrimitive answer. Need to know the facts upon which this summons and complaint is based. Because they are not in this summons. I believe this apopriate as I am not a lawyer and do not understand the allegations against me.

just a few questions. Not being confrontational.
Any Ideas? Thanks

[Jerseee]

Demand that they verify the alleged debt and offer to pay the alleged debt upon verification in the same breath. Make sure they have a notary sign the verification and not someone with a CPA title.

[masterduke]

Thanks Jerseee! I will do that when it gets to the actual hearing
How was this alleged legal right to $$ created?

[Jerseee]

masterduke,

Its business. Nothing more nothing less. the only difference is that you refuse to be collateral for something fictitious

[masterduke]

Got a notice to appear on my motion "for more definite statement" Should I send a VOD to the collection agency and the local debt attorneys? is it to late for that? (going to send it to other collect/debt attnys who are starting to circle) any "tidbits" as to how to play in "their" room (court) would be appreciated mucho. never been in this sort of monkey bizzness before.
Some "voluntary" system this is. show up or we kill you. we will send armed men to your house to burn it down and shoot you dead, if you do not comply with our "wishes". and yet we are "presumed innocent" until a prepondrense of evidence says other wise. yeah sure

[Bill Smith]

You can always just dismiss your motion, and that should automatically cancel the hearing.

Why in the world did you file a motion for if you didn't want a hearing on it?

[masterduke]

Slated to go to court 6/27/05 to answer motion for more definte statement that we submitted (to allow some breathing room and prepration). the wonderful wolpoff office has now started to call us leaving an indiviauals name
and stating they have a personal/private bizzness mater they need to discuss with my wife(named person on their suit) we had tried to resolve this by calling and attempting to set up a payment schedule when first served of course they wanted a 700$ down payment and 130$ per month forever after that, We could not afford that, so no deal. Now they have started to call (i'm sure its to try and "contract with us") and involve us in some payment scheme. Anybody have any experince with this??? My wife is on the verge of a nervous breakdown due to this stuff. The dismissed Bankruptcy is the result of several IDIOT "b.k. lawyers. they screwed it up so bad that not only was it denied (they completly failed to show any "diminshing" income and hence the denial) but she was santioned that she can not refile for 7 years. This happened about 1 to 2 years ago. I think i'm going to sue the b.k.lawyers and name them as a third party in a complaint in this matter since they are the cause of our merry go round ride with wolpoff and there are other scumbags starting to circle. The reason for this avenue, is that my wife is in no condition mentally to do this stuff anyway. at her job now she is making nothing (commision sales) and prospects are bleak here in southeast mich. just waiting for the real estate bubble to pop to really "kill" off whats left of any sembalnce of "prosperity"(maybe this fall?) Her job (furniture sales) has distingrated, with only the super cheap stores doing any real bizzness anymore, everyone else is starving. Yes a job change is in order but sometimes you get in a funk that literaly prevents you from making a move. You see what needs to be done but you just can't seem to be able to move.
It Sucks and so do all these collection/debt lawyers. Sorry for venting.

[seeker]

And they have not complied, you can file a complaint for violation of the FDCPA -- and I would do it now -- I would have a certified copy submitted into the file. The DA who sued us did not follow the FDCPA -- and we were too ignorant at the time to realize it. Considering a complaint anyway -- once you send them a VoD -- the have to cease ALL activity until they provide the verification you requested. Read the FDCPA --

Wolpoff is a bloodsucker and they will run roughshod over anyone they feel they can intimidate -- had a few friends who had run in's with them -- once they realize that the sheeple are aware of their tactics, they tend to look for another to shear.

Do as directed and demand they provide the proof that they have the right to harass you in ANY way.

Perhaps a suit against them by YOU for the anguish and injury they are causing to you and your marriage, loss of privledge, etc, would be in order.

Prayers to you and yours.

Seeker

[masterduke]

Seeker, Thanks I relieze now that i have not sent them a vod. Got so much on my plate that it got schuffled and forgotten, till now of course. Do you think it is too late to send 'em that? Thanks for the prayers! As was shared with me, Psalm 35 is right on target for all this monkey bizz.

[seeker]

one thing that was pointed out to me, I think it was a Winston Shrout DVD, is that administrative remedy must be exhausted and the CCC and DA NEVER do! They rush into court and try to get you/me/us to accept the debt that they are creating and the complaint they file is exeactly that -- a contract that they want you to act as surety on -- now I am not learned enough -yet- to know exactly what we are supposed to do -- but it has something to do with filing a counterclaim as a third party interverner and asking for time to complete your private administrative remedy and ask if the CCC has also done so???

Get the VoD off today and get certified receipt. Do the notary acceptor and then continue with the default process. This shows that you have attempted to complete YOUR private administrative remedy as required -- have they?
Someone who has studied this a bit more -- input please? Mike?
Jerseee?

Seeker