Collection attorney letter

[dashboy]

Wow,

thought the judge or Bill would have commented on my last post here by now!

Hahahaha!

dashboy~

[dadmoonbunny]

Last week, having heard nothing about my case, I called the court clerks office. I was told that nothing has happened so far, and that I would not hear anything until the other side (the collection attorneies) made a move.

I would like to think that they did not want to fight this one, and have sent it to another attorney for collection. However, the facts do not bear this out. It has now been over a month since my affidavit was sent to them and hand-delivered to the court clerks office. By the way, the folks at the CC office said they had never seen an affidavit like mine. I hope that is a good thing.

More to come. Prayers are welcome. In the mean time, I am continuuing the process of prepping documents to regain my sovereignty.

SIC GORGIAMUS ALUS SUBJUCTATOS NUNC

[Bulletproof Monk]

This is the letter I sent and never heard from them again.



NOTICE BY RESPONDENT



DATE

ADDRESS OF DEBT COLLECTOR / SOLICITOR



Dear ……………..,

RE: YOUR LETTER OF DEMAND ON BEHALF OF (CREDIT COMPANY)

ACCOUNT NUMBER:
ACCOUNT BALANCE:

I am in receipt of your letter of demand for the alleged outstanding balance as stated above.

Please be advised that on (date) CREDIT COMPANY received and signed for an “accepted for value” statement of said account.

As creditor and Authorised Representative for debtor (YOUR STRAWMAN ALL CAPS NAME AS APPEARS ON ACCOUNT) © - (trade name, legal fiction), I am requesting a VALIDATION OF DEBT package be forwarded to me within 10 days otherwise I will assume this matter to be settled.

It is also noted that (representative) of DEBT COLLECTION AGENCY / SOLICITOR appears to be a third party intruder into an alleged private contract which constitutes legal trespass.

NOTICE: (STRAWMAN ALL CAPS NAME) © and all other variations except the proper English Grammar spelling First-Middle: Last Name (flesh and blood man) is copyrighted intellectual property and carries a $250,000.00 fine for each and every unauthorised use.

At no time do I authorise you or any of your representatives to make use of this copyrighted intellectual property.

I request (with no intention of implied contract between us) for you to deliver to me the following VALIDATION OF DEBT package:





1. Proof of the existence of an account in the name of First-Middle: Last Name.
2. A copy of the actual contract between First-Middle:Last Name and CREDIT COMPANY duly signed and witnessed by both parties, (not a unilateral agreement) and upon which signed page there is reference to the entire agreement.
3. A copy of the ACTUAL ACCOUNTING whereby CREDIT COMPANY has incurred a loss of the alleged $...............
4. An INVOICE (not a statement) from CREDIT COMPANY for any amount of money allegedly owed to them by First-Middle: Last Name.

Please forward this package within 10 days of receipt of this letter to:

Secured Party
Your post office
box number and address
zip code / post code
country

As Secured Party, creditor and Authorised Representative, I must also make you aware of the private contract I have with debtor STRAWMAN © which constitutes a “HOLD HARMLESS AND INDEMNITY AGREEMENT”. This agreement hereby indemnifies First-Middle: Last Name, the Secured Party against losses incurred as a result of all claims of debts or losses made by any and all persons against the commercial transactions and investments of the Debtor.



Yours Faithfully






By First-Middle:Last Name
Authorised Representative for STRAWMAN © (year of birth) ALL RIGHTS RESERVED.

[masterduke]

Also get a copy of the state where the orginal credit card bank is chartered
banking regulation statues(In the local law library). It will say in there what the bank has to to do to extend credit i.e. the issuing bank had to buy your obligation via paying for goods and services, so that you are now "indebted" to them. Did they follow all those rules?
Also it is looking increasingly like these so called "asignee" companys are "shell"
companies really owned by the debt attorneys so they may bring suit on a
"clients" behalf??? stuart wolpoff buys probably all of their charged off credit card accounts from a company called charged off clearing house of Austin, Texas. 55,000 per month! they keep 100% of what they squeeze out of people' so they are not really representing any one. IS THAT "FULL DISCLOSURE"??
these various "collection companys" sell off their "accounts" between each other.
What kind of buisness competion is that? Like Gieko auto insurance supplying "free" laser radar guns to "law enforcement" depts. around the country with the stipulation of writing X amount of tickets per day, they knew people would get more tickets and if they were geiko customers they would have rate hikes and if they were really bad (multiable "offences") they would be considered
"High Risk" and gee it just so happened that geiko "ghost" owned numerous high risk driver ins. companys that would be happy to insure you at a substantial increase in "premiums". All with out "lead foot" having a clue that geiko had the whole "rope a dope" scam figured out! Just playing the law of averages they knew they would increase their $$ with each laser gun handed out to doughnut gobblers (who actually think their doing some service for the "community") plus the various "municipalties" would fatten their coffers as well
This took place back in the late 80's early 90's. The motorcycle mags vowed to "never" run any geiko ads in their pages! Well guess what, theres all sorts of geiko ads in those magazines now. Back to the point: WE ARE BEING SCAMMED!

[Judge Roy Bean]

Originally Posted by Bulletproof Monk

This is the letter I sent and never heard from them again.

They haven't stopped passing it around for laughs yet.

Or you have nothing they can come after.

[dadmoonbunny]

I sent a "special appearence" affadavit to the law firm acting as a debt collector, and filed a copy with the court clerk. That was in AUG. Today I recieve a letter from the court. I will try and reproduce it as close as I can here (with Privacy act stuff omitted).

Mr. XXXXX X XXXXXXXXX
Attorney at Law
(address)



dadmoonbunny
(address)

re: Creditors name v dadmoonbunny
county name court case no xxxxxxxxxxx

Dear Attorney and dadmoonbunny,

Please be advised that this matter has been set for a case management conference on the xxxx day of October at 1:30 pm. Parties must appear for the case management conference in person or you may waive the case management confrence altogether by filing an agreed Case Management Conference Report before the date set for the case managtement conference. A case management conference report form is enclosed. Please be advised that the court will not hear case management conferences by telephone as the court has no facility to make a record.

I will expect all depositions to be scheduled at or before the case management conference and their dates reflected in the report. Your schedule for discovery and estimated dates for pre-trial must be within sixty (60) days or additional time for discovery must be approved by the court.

Also enclosed for (attorney name) is a copy of defendants "counter Affidavit to petition on account" filed on August xx, xxxx

Sincerely,

(Judges name signed by ink by third party)

District judge


Okay, Just a couple of questions.

If I send a VoD to the attorney, can that be used as a discovery?
or should I wait until this conference and file a motion for discovery, or what.

What the XERXCXDFCVXC is a "case management conference" anyway? I've never heard of one. All replies welcome and desired.

SIC GORGIAMUS ALUS SUBJUCTATOS NUNC

[2tim215]

I am not giving you any legal advice, but I will try and answer your questions as best as I can and let the experts followup:

What the XERXCXDFCVXC is a "case management conference" anyway? I've never heard of one. All replies welcome and desired.[/quote]
It depends on what state you're in I believe, but in general a case management conference is typically an initial meeting between you, the judge and the opposing counsel for the purpose of "general housekeeping" of the court in which the judge most likely will determine a court date (for the hearing which is to take place) which is agreeable to both parties. He will also take up any other issues or matters which need to be resolved prior to the hearing (whether you want just a hearing or a trial, discovery issue, etc.). Anyone who has more insight on this board please add or correct anything which is incorrectly stated.

Originally Posted by dadmoonbunny

If I send a VoD to the attorney, can that be used as a discovery or should I wait until this conference and file a motion for discovery, or what.?

Not really, although it could be used for evidence (providing they responded and there is something in their response which can be used for proof in your favor). Formal Discovery is something that must be handled all together differently in that there is a special format (once again state dependant) of which there are very strict guidelines (Rules of Discovery) in addition to specific time limits which must be followed and if they are not can invalidate entire discovery. I believe that Discovery is probably one of the most powerful tools (if not the most powerful) if used properly and so you really need to get a handle on how it operates in your particular state. You definitely will need to do a substantial amount of research (or get someone who knows how to do it who is willing to advise you) and you probably need to do it rather quickly is my guess (prior to CMC possibly) depending on the scheduling of your case and the laws of your state. See your previous quote below:

Originally Posted by dadmoonbunny

I will expect all depositions to be scheduled at or before the case management conference and their dates reflected in the report. Your schedule for discovery and estimated dates for pre-trial must be within sixty (60) days or additional time for discovery must be approved by the court.

Discovery consists of basically two parts: Written and live under cross examination. Both parties have the right to depose witnesses. This is where it gets real tricky. Are you prepared to be "deposed" by the other party? Are you prepared to call witnesses and depose them yourself? This in my opinion, is a major undertaking. They may or may not want to depose you. Typically, they will issue written Discovery first which consists of Interrogatories, Admissions and Requests for Production of Documents. This costs them a lot of money as they would have to pay an attorney to do this. Depositions are even more expensive as it will require one or more attorneys (in the case of your opponent) to set up a conference room at some agreed upon location and be there with a court stenographer. It may even be video taped. It will cost you time as you would be required to be present at some agreed upon date. This likely will be discussed at your CMC. In addition, it is possible (but probably not likely) that you could receive their interrogatories prior to the CMC and if you do you will have to be able to respond to them in a timely manner (again, timing depends on your state). You also will need to be prepared to tell the court (at the CMC) as to when you would be available (for deposition if the other side requests one) if the need should arise. If a deposition is requested, you can object to one but this would require a motion (possibly several) be written for this. They can then compel you to submit and then a number of things can be done, but this is very complicated and probably will require you to get legal advice. You should also be prepared to tell the judge at the CMC whether or not you intend to depose someone yourself and if so, who you will be deposing. This can get pretty hairy in the court room. This is my two cents. I'm sure others will have more to comment on.
In summary, it is likely you will have to do the following:
1) Attend the CMC hearing (this is mandatory unless you cannot make it for some unforseen reason and then you will have to notify the court as well as opposing council using the proper format).
2) Answer al Interrogatories they pose to you within the prescribed time frame.
3) File your own set of interrogotories in the proper format against them (extremely important for your case if you want to have any chance of winning) also within the prescribed time frames which if done right they are not likely to answer and if they don't follow it up with one or more Motions to Compel and in some cases (again depending on the state Discovery requirements) have one or more "Meet and Confers".
4) Possiblly attend a deposition in which you will be "grilled" by the attorneys most likely in their own environment.
5) Possibly attend a deposition against the other side where you will be doing the "grilling"
I most likely left a few other things out, but this should give you somewhat of an idea of what you're up against.


Also enclosed for (attorney name) is a copy of defendants "counter Affidavit to petition on account" filed on August xx, xxxx

Curious as to what they said in the "counter affidavit"

I hope that others on the board can give you better a picture and offer you some help. A "GOOD" attorney would obviously be quite useful (which is very difficult to find as discussed on this board on a number of occasions), but most likely (similar to many who are in financial distress, you can't afford one). No one can really afford a "bad" attorney and that's a whole different problem in itself which is something which has been discussed on this board many times. How you should proceed will be up to you. Perhaps some of the people on the board can give you some valuable suggestions. I wish you the best.

2tim215

[masterduke]

Good advice and to add to that if they do not, answer Your interoggatories and admissions and production Can file a motion to compell as well be sure to get a court date for that don't just file it and forget it. A Notice Of Motion is away of assuring a court date as there are blank spaces to be filled in. Your local law library will have a books with the forms for the different papers. Usually the librarians can be quite helpful as well. As to answering their questions any questions that they pose that try to wedge you into making a self incriminating
answer. Do not do that!!!!!

[seeker]

Again, not to sound like a broken record, but get this from the download section and read it thoroughly. A lot of educational material within.

Thanks to whomever shared!

Seeker

PS If you haven't been in the Members only download section lately -- check it out. Lots of good stuff!!

[charlesa6]

Thanks again seeker. I wonder, why some of the members in this forum after they chime in with a little advice, opinion or not. They always wrap it up with "This is not a legal advice". Iam not sure if they afraid of something,or not sure about their comments or what. If you don't want to give any advice or idea then don't. Just keep it to yourself period.