Credit Card Questions

Seeklight,



I would be wary of any document provided to me labled "citizen" anything. By filling one out, I may have unknowingly contracted in a way that binds me to a jurisdiction that is foreign to me, subjecting myself to their laws, procedures, etc. For those who are lazy or do not have the time, cross out the word "citizen" and file your complaint - see if they make an issue about it, b/c if they do, it would certainly be an interesting response. Preferably, create your own complaint and file it with the appropriate organization or court, and hold the criminals accountable to their laws w/o creating any contract or agency with any organization.



-squirrels

Yeah.

The department of justice states that you can create your own form. Anyway, rebut all presumptions. If your strawman is a citizen or not.

seeklight,



Just wanted to say thanks for your posts from the TSN days - they did help me grow. Your input is appreciated. Hope to see more from you in the future.



-squirrels

Update:



I was served a couple days ago listing Citibank as Plaintiff (I know this is not true - it is just the debt-torney). The debt-torney knows this as well as the summons/complaint is not verified (no signatures anywhere!!). I am contemplating my response if I should make him pay (thus, taking up more of my time which I don't have), or simply make him go away so I may deal with matters more important to me. Hmmmmm...but it would be fun to make him pay...hmmmmm....



-squirrels

[Jerseee]

YOu my position squirrels

Update:



I filed a motion to strike the complaint filed against me from Citibank (if that is the true plaintiff or the debt-torney with no standing) since the complaint was never signed. Now I will wait and see if he has the balls (or stupidity) to step up to the plate and subject himself to perjury by correcting the complaint by signing it and accepting some liability for his actions! Regardless, even if he defaults by not signing, now I have to get back from him the $186.00 I paid for filing and the appearance fee!! And should he sign, I've decided to let the gates of hell (to the best of my abilities) open up on him. Stay tuned...



-squirrels

[sadie]

squirrels



Is that true? You can file a motion to strike the complaint?



Does a complaint have to be signed by someone from the bank? If the atty. is hired by the bank does that count if they sign it?



I just lost a summary judgment on a complaint like this.



I have another one I have to respond to that was filed by the atty. and has a sworn statement attached from some Litigation assistant or something who works for the bank but she didn't actually sign the complaint. (Discover)

[seeker]

Well, your complaint was not signed, ours was never received! We checked the file in the court house this week, to make sure our motion to dismiss was filed along with the papers we sent to them asking for verification and answers -- of course they ignored it. This thing with Citibank has been a farce since it began -- summons not served, but filed as served;judgments entered and then vacated b/c of it -- (if it is vacated, can't it just be done?)

Now we see that they filed a complaint but didn't let us in on it, along with ther comical "verification" which, by the way is not filed by Citibank but by CSSI, their whole owned subsidiary debt collection company! We've never even heard of or from them before! The original complain is signed and stamped with one law firm and the latest motion is filed by another -- both have collection dept, return addresses -- but we did not hear from them prior to the suit -- FDCPA violations? How do we go after them?

So, Citibank may bethe largest stockholder in the FRB, but they don't admit they are exchanging ourr negotiable instruments, nor are they returning them -- they are dragging us into kangaroo courts and trying to impose their wills upon us, all the while doing a complete illegal thing like lending credit which is expressly forbidden in 12 USC 24, the National Banking Act 1863. Such ammunition should not go unused!



Seeker

[seeker]

Seems like we all have a lot of questions and work regarding court procedure and proper presentation and documents -- theirs and ours. Any tutors available?



My complaints is also signed by a scribble (I think it's an attorney) Who is supposed to sign it? How do we actually know who is the true complaintant -- when they list the CC as such, are they really? And why won't they correspond with answers?

sadie, seeker,



Damn. I just wrote a long post re your issues and my stinkin computer froze up. So, here is the cliff notes version: Hell yeah they (plaintiff or attorney) gotta sign (subscribe) to that complaint (contract). The complaint is a contract, and by signing it, they are now liable thereunder. Depending on how the complaint is articulated, there may an additional requirement of a separate verification statement to be attached.



But the first thought should always be, "who are you? Do you have <u>standing</u> to bring this claim?" If the CCC is listed as a plaintiff, they damn well better be! If that is not true, the attorney claiming such is now in deep shiznit, b/c he is putting a fraud upon you and the court! In my case, my credit report shows Citibank charged off the debt, and if this is true, they can't sue on what they no longer have an interest in! So what's really going on?!?!? Can you say "cross-claim with FDCPA violations up the wazoo? Violations of Bus. & Prof. Codes? How's that BAR card looking Mr. debt-torney?" But be careful when filing your answer to any complaint b/c any defense not mentioned in it may be waived!



Regarding court procedure and practice, go to your local law library and ask for their state or federal "<u>practice guides</u>." These are pure gold for learning AND "practicing." They are loaded with a summary of your legal issue, supporting caselaw, and sample forms to boot.



I will upload my docs sometime next week if I can figure out how to do that, or, if you guys want, PM me and I will send you my docs directly.



-squirrels