Collection attorney letter - Page 6

Ice · #51 11-25-2005, 11:41 PM

I didn't see where you mentioned that their failure to respond was their tacit agreement that they have no bona fide claim against you or that their failure to respond is within the scope of "nihil dicit" or ...

I could go on and on.

What Ices did was:

1. Sent the RPIARD when contacted by collector.
2. Sent an AOD which detailed the results of their non-response and gave them opportunity to cure.
3. Sent them a "Judgment" which detailed the above steps taken, their non-response and her final judgment in the matter.

It has been more than a month since the judge said he was going to have to take the time to read through her documents to gain a better understanding of the case.

The collector had moved for a dismissal of her motion to dismiss and even stated that he believed she was perpetrating a fraud upon the court. She stated that she believed the collector "seeks this courts assistance to reverse the results of their incompetence and dishonor inherent in their business practices."

At this point it seems to me that they are scratching their heads and sweating over how to get around what she has done. And what has she done? Simple. As a Sovereign she has rendered her judgment under common law... and we believe the court doesn't have jurisdiction over that.

Ice

dadmoonbunny · #52 12-21-2005, 03:42 PM

Quote:

Originally Posted by dadmoonbunny

Seeker, you took my breath with this one.

Okay, This means that I am going to have to rewrite my entire file.

What I was doing was answering, or attempting to answer an affadavit/summons hand delivered by one of the local deputies.

I thought I had this one cold (EGO), which is why I trusted my instincts and posted for help and suggestions. Looks like another intense night at the keyboard.

I must admit that I have yet to file ANY paperwork to regain my sovereignty. This is my first fight in the "REAL" arena, and unlike all of you with experience, I am a bit scared.

Thanks, and be aware that I'll be posting more questions on this at a later time.

SCI GORGIAMUS ALUS SUBJUCTATOS NUNC

Today, I was back in court. Cold, tired, no rehearsal time. I have a good idea where I went wrong, but will analyze over the next few days and post the results. I say I failed, because the gentleman in the robe granted the plaintiffs motion for judgement. He said that I had filed my petition for dismissal this morning, (I HAD) and the court had not taken "notice" of it. More later. I kknow this is awful thin right now, but disect it all, and I'll answer questions as I can, plus it may help others.

idknow · #53 12-21-2005, 05:00 PM

Quote:

Originally Posted by dadmoonbunny

[snip]

The representative from the law firm against me has his name on the affidavit in Upper AND lower case letters. Think they are trying to use our tools against us now? If so, this may be a new idea that we will collectively have to deal with. His Law firm has its name in all caps.

[snip]

Sic Gorgiamus Alus Subjuctatos Nunc

--

so, is he suing you in his own private name or the name of the corporation?

did he file the papers as a private citizen or agent for a corporation?

if the latter, then perhaps this smells of fraud in the area of misjoinder of parties (i think that's the right term) i mean he put the wrong name on the papers that he filed.

KITCHIE · #54 12-22-2005, 12:15 PM

The only thing an attorney can testify to via affidavit are his fees. He has no first hand knowledge of anything regarding the case. Any affidavit an attorney writes reagarding the case is hearsy.

All attorneys are corporations.

Kitchie

dadmoonbunny · #55 03-10-2006, 04:21 AM

It has been over 60 days now. I have had no further contact from/with Worldwide Asset Purchasing, nor thier attorney other than a letter from them verifying the results (outcome of the court case. I sent them a single page reply, in which I thanked them for thier civility (not making it personal) and assisting me in my legal experience and research.

To recap: Sumons rec'd from local district court.
answered with "special apearence affidavit"
court time in which various affidavits were exchanged.
judgement for plaintiff in full amount, motion to dismiss denied.

Finally, rec'd a letter on another credit card. Sent them VOD. They sent me a xerox of agreement and said it answered my VOD. No further contact.

Now the questions:

In BOTH cases, a VOD including international BOE was given collectors. By no longer contacting me, is it probable that they have accepted the BOEs for value and went away?

I have now gotten a new "job", and with it came an extensive background check. My credit rating is shot, but my general descriptionof events was accepted, and I now am employed again. This would SEEM to indicate that my credit is not any worse than it was before.

All serious opinions and thoughts are welcome, private IMs WILL be responded to upon notification or shortly thereafter.

As always, please forgive my misspellings and lousy grammer (if any).

charlesa6 · #56 03-10-2006, 06:53 AM

Quote:

Originally Posted by KITCHIE

The only thing an attorney can testify to via affidavit are his fees. He has no first hand knowledge of anything regarding the case. Any affidavit an attorney writes reagarding the case is hearsy.

All attorneys are corporations.

Kitchie

Absolutely correcto!

Shoonra · #57 03-10-2006, 07:48 AM

An attorney can attest to a good deal besides his fees. He can attest to when he commenced the case, sent out the complaint, received the response (or that he hasn't received a response), whether he can or cannot locate a witness, whether something is or isn't in the court files, etc. However, even so, lawyers are cautious about what they attest to; when notifying a court that someone involved in a case has died they usually send a copy of the newspaper obit or even the death certificate with a motion titled "Suggestion of Death".

KITCHIE · #58 03-10-2006, 09:03 AM

I guess you are right Shoonra. He could also attest to the day of the week, whether or not the sun is shining, if he found good parking when he filed his papers, that he put gas in his car, and what he had for lunch.

The point is everything you brought up is general business and knowledge that can be retrieved from the court files. This has nothing to do with an affidavit by an attorney (twister of the truth) to any relevant facts of the case at hand.

Without a competant fact witness, affidavit from an officer of the company with first hand knowledge the attorney is an airball. And if the attorney is the DC acting on behalf of himself, and implying in his papers that he is acting for the origional "lender" then he is committing a fraud upon the court, and is in violation of the FDCPA.

I know because the attorney I am up aginst has filed false writing into the court record, as he is NOT representing who he claims to represent.

Kitchie

Judge Roy Bean · #59 03-10-2006, 09:56 AM

Quote:

Originally Posted by dadmoonbunny

It has been over 60 days now. I have had no further contact from/with Worldwide Asset Purchasing, nor thier attorney other than a letter from them verifying the results (outcome of the court case. I sent them a single page reply, in which I thanked them for thier civility (not making it personal) and assisting me in my legal experience and research.

To recap: Sumons rec'd from local district court.
answered with "special apearence affidavit"
court time in which various affidavits were exchanged.
judgement for plaintiff in full amount, motion to dismiss denied.

Finally, rec'd a letter on another credit card. Sent them VOD. They sent me a xerox of agreement and said it answered my VOD. No further contact.

Now the questions:

In BOTH cases, a VOD including international BOE was given collectors. By no longer contacting me, is it probable that they have accepted the BOEs for value and went away?

It depends on how much blood they think they can wring from the turnip (you). If you owe them only $250.00 and your income is such or live in a state where wage garnishment wouldn't get them much every month, they may simply go looking for turnips with more blood.

Chances are, if they don't come after it, it will get sold to another lower-tier bottom feeder.

Quote:

Originally Posted by dadmoonbunny

I have now gotten a new "job", and with it came an extensive background check. My credit rating is shot, but my general descriptionof events was accepted, and I now am employed again. This would SEEM to indicate that my credit is not any worse than it was before.

If they get judgments against you, that will also lower your credit score further. An employment background check may include a cursory credit check without an actual score. Those kinds of queries are designed for employers to show the total amount of outstanding debt you might have and who you owe money to, as well as prior addresses and public-record info like judgments and liens.

Quote:

Originally Posted by dadmoonbunny

All serious opinions and thoughts are welcome, private IMs WILL be responded to upon notification or shortly thereafter.

As always, please forgive my misspellings and lousy grammer (if any).

If you have a significant amount of debt and your new job is paying you well, chances are they'll come after you and will use the BOE as evidence of your attempt to get out of the debt with a fraudulent instrument. That could get ugly.