Credit Card Questions

[Ice]

To upload a doc: Click on "Upload a file" under Member Settings.

[sadie]

squirrels



Thanks for the input. I have letters from Discover Bank saying they are charging off the debt and declaring a loss and will send to their recovery dept. Recovery Dept. may refer to a CA



Another one says even if they charge off I still owe them.



Another says they will report it to credit bureau and take other action as allowed by law.



I have read elsewhere that the bank can continue to try to collect for 7 years. How is that possible if the statute of limitation is 3 yrs.?



I had 3 Discover accts. and 2 have been Sold to collection agencies. The 3rd one a collection atty. has and he claims he represents the bank and now he has filed suit and attached a sworn statement from Y. Brenner notarized. (Do we think this is Yul Brenner?)



Is it legal to notarize something using only an initial?



How do I find out if the atty. is really the collector and not the bank?



Do I file a Motion to strike or Motion to dismiss?

sadie,



Looks like I may have jumped the gun re: CCC losing an interest in the debt by charging it off. My simple mind figured that if this debt is used to set-off a tax liability, a benefit had been incurrd thereon, and to to sue upon as well would incur a double recovery on the same debt. But this damned system is way overcomplicated. After a brief bit of research, it looks like the CCC still retains an interest when charging it off, and the debt goes into some other bad debt reserve account and they can still collect thereupon. I have a lot to learn when it comes to accounting! However, I will certainly be learning much more about this in the near future - I have no choice!



As far as a bank trying to collect for 7 years with an SOL of 3 years, are you sure you are not getting that confused with 7 years it remians on your credit report? If the SOL is 3 years, there is your defense - nuff said.



Notarizing with only an initial is really irrelevant - I see no problem with it.



Finding out who the attorney really is is a question of standing. This should really be raised as an affirmative defense in your answer, but it may also be a jurisdictional defect if the party does not have proper standing, and that way it could be raised at any time. But as to when you can actually learn the truth of the matter, this may only come out during discovery. Now they will have to prove this when you ask them to do so. And lets not forget, does Citibank as plaintiff even have standing? I think with a question of standing, you may demand a jury trial, but I will double check that.



Once you have the evidence of improper standing, a motion to dismiss would be appropriate.



I think my next move after he signs (if he does) will be to demand a Bill of Particulars regarding the account.



But always research your state law. My knowledge is based on Calif. law.



And don't forget, I have decided to submit to the jurisdiction of the court - you might not have to, or even want to. If you want to try and pull the court into common law jurisdiction, or use any strawman or secured party defenses, that is up to you.



-squirrels

[Jerseee]

Whoa,



Whatever happened to making them verify the debt? A thing void from the beginning does not become valid due to lapse of time.



Make them prove that the debt was valid from the beginning--the more you play these games with them--the more it looks like you agree that it was always valid.



You put them on notice of a code and they just can't ignore that and force you to abandon your demand for verification.



Follow procedure, law and rules and leave any UCC redemption stuff in the fiction section of the library.

[seeker]

Jerseee;



We have made the demand which went unheeded...now we have to go into court and ask why? I am burning the midnight oil and still feeling a bit lost -- exactly what code are we noticing them of? I have so much bouncing around in my head that I can't think straight!

Thanks!

[Jerseee]

USC 15, Chpater 41.



Did you give them a CPN? Was it signed by a notary?



Do you have evidence of their dishonor? Do you have case law to back you? Be prepared then...



If you are going to court you need all that info readily avaiable.

Jerseee,



My case is a little different in that the complaint was structured as a common count for unjust enrichment. It is not a contract claim, nor a claim on any note or evidence of debt. He is pleading in equity and effectively removing a jury trial from me unless I am correct as to challenging standing and that can get me a jury trial at least on that issue. I think we may be overlooking the fact that Citibank may not have standing!!!! Even though it may be a claim in equity, I must be able to put into evidence the existence of the note. Once this is done, I figure it must be produced so I may be protected from any holder in due course to come along later and claim payment from me on it - and of course they won't have it. If I demand a Bill of Particulars, this will function somewhat as my 'request for verification' and put into issue Citibank's standing. Of course, this is all if Citibank is the real plaintiff in the matter, otherwise I am going to eat that debt-torney for lunch. If I am missing something, please somebody point it out. I feel like one thing is missing here...



So, seeker, if the complaint against you will be structed the same as mine, then that may be why your request went unheeded because it will not be put in issue. The only issue, if it is a claim in equity for unjust enrichment, is basically how much stuff you got 'unjustly.' As they are plaintiff, they are controlling the case.



I think in time we are going to learn how to go on the offensive for a declaratory judgment so we can put our procedures in issue and control the outcome of our cases more effectively. This is fun.



-squirrels

[rushpat]

Originally Posted by enslegis

then, file an Involuntary Bankruptcy against Citicorp. We assure you, THAT will get their attention very quickly!

Where can we find info on how to go about this?

[suijuris]

squirrels,



Just an idea re the jury trial - have you considered fililng a counter complaint so you can demand a jury trial?

SJ,



Yeah, if this thing proceeds further, the counter-claim will be filed. However, I do have to do a little more research on whether or not the 2 claims can be combined into a jury trial if the claims are similar enough to be considered to arise out of the same transaction. I do know that a cross-claim/counter claim is treated as a separate claim distinct from the complaint and is intended to be tried separately.



Thanks for the idea cuz it did slip my mind! More work ta do...



-squirrels