Credit Card Questions

[sadie]

squirrels



I have seen it both ways. Cases where they say that everything shuld have been included in the cross/counter claim as all pertainting from the same debt and others saying it is 2 different cases.



So how are we to know what to do?



Can they throw out your whole counterclaim if part of it doesn't belong there?



Jerseee

Are there any cites regarding statements not being verification. I haven't been able to find any.

[Jerseee]

squirrels and sadie,



I feel that the "best evidence" rule should apply here. This is a public recording--is it not? help me.



Also squirrels, I think you maybe missing your remedy overall. You should not have to eat the debt-money if you have remedy. (HJR 192)



what say you....

Sadie,



I wish it were that simple to know. I do not have time right now to write about it, that much about it, and it certainly is not a perfect science, but look into what is called a compulsory counter claim vs. a permissive counter claim. The key elements are if the counter claim arises out of the same set of facts, transaction, or laws controlling plaintiff's claim/cause(s) of action. Read the rule that pertains to this in the FRCP, and then support yourself with caselaw that is analogus to your factual situation.



Jerseee,



What are we talking about the best evidence rule applying to? If its pertaining to any verification of the debt, then yes, I will be using it if they put copies of my CC statements into evidence. But what public recording are we talking about? I'm lost here.



And geez, I DID forget all about HJR 192. I never even thought about bringing that into the courtroom. What an exciting idea! Has anyone done this before?



And I got a response from the debt-torney regarding the unsigned complaint. Get this one, almost word for word:



Dear Squirrels,



Enclosed is an executed copy of the complaint and a copy of my correspondence to the court. As you can see a clerical error resulted in there being no original signed complaint in the court's file. This having been corrected, I request you remove your motion from the calendar as mute.



Here is his correspondence to the court clerk:



Dear Clerk,



In reviewing our file, our notes reflect that on (a date before I was served) Clerk NAME called our office and said the original complaint was sent back to us in the mail by mistake. My office sent a fax copy of the complaint to the court and was to return the original when received. No original was ever received by our office, so I am enclosing another original of the complaint to complete the court's file. END.



Funny thing - I never inquired into the file held by the clerk. I based my motion solely on what was served to me - an original stamped unsigned complaint (it should mirror the file, right?). And this latest alleged filing (I won't believe it until I see a certified stamped copy of proof of filing!) contains an additional declaration to verify the complaint complies with CA law as a proper jurisdiction for the cause of action alleged. SO, this new declaration, under penalty of perjury, states I signed the contract in the county where I now live (not true) and where I resided at the time the contract was enerted into (not true).



So sad for him to come up with this story. And after 20 years of practice, it appears this debt-torney still does not understand that <u>he</u> can be the one making the "clerical" error (He could just say, "Opps! My bad!"). No excuse was even necessary from him. What an idiot.



As to his likely fraud, any thoughts? I am not convinced I have him 100% caught b/c I do not understand the procedures of service after filing with the clerk when acting as plaintiff. Is there only one true original filed and then original stamped copies are sent out? Or other?



-squirrels



P.S. - I will upload my motion and memorandum finally.

[Jerseee]

Squirrels,



Seems your having a bit of fun in between long hours at the new job. hahahahaa



Well most people forget the remedy when they start to answer complaints and start to argue. Heck, put it in the record along with the guarantee bank case. If you don't have it let me know I'll send it.



As for the best evidence rule--I was referring to the CRAs are public recorders. Remember they report to the CRAs and the CRAs disseminate that report to whomever asks for it. With or without your consent. OOOoooo can you also add libel to that complaint? hahhahahaaa



That is where I was going with the best evidence rule. Yours is also doable--I was just brainstorming with you.



How are doing anyway? Haven't chatted with you in a while. Tell Montana and OT I said hello.

[suijuris]

So, if the attorney files a complaint into the clerk of court, along with certificate of service stating he sent you a copy of the same complaint, what you got better be a true copy of what the clerk has.



By all means, check the docket and get a true copy of the complaint and anything else he has filed. That one may be signed; and the signature missing on your copy may truly be a simple clerical error.



If the complaint filed with clerk and the one he sent you is different, other than the missing signature, it would seem that he is trying to commit a fraud on yourself and the court, and I would move for dismissal on those grounds. I believe those are different grounds than you have already moved for dissmissal on.



He can file an admended complaint, but I do not know of anything that would allow him to SUBSTITUTE one filing for another at a later date, mistake or not. Check your local rules on this...



If such a rule exists, I would not not be suprised if he has to get the court's leave to do so, which requires him to file a motion, which you can appose in a motion to strike...



If there is no rule that would allow him to substitute one filing for another, or he has not followed the correct procedure if the rule does exist, appose his actions!



I would let the court know if it allows him to substitute filings whenever he decides to change his story, you will demand the same latitude. Equal protection and all...



Make the judge see how you are willing to make this thing drag out and I bet he/she will want to get it off the docket like a hot potatoe!

[gregtu]

Equality of the law is Paramount

[Ice]

"Equal Protection under the Law"

[weishaupt1776]

Here's a thread I got from another forum:

" It is always better to write to someone with authority rather than a

corporation. When I disputed my debts I always would find out the

agent over the account or the president of the corp.. So if it ends

up in court I can deal with someone with flesh and bones instead of

a corp. to hide behind the corp. vail. Here is the info. I have on

the three credit agencies. Might want to check to make sure nothing

has change.



1. TransUnion/EmpiricaÂ*Â*Â*Â*Â* Â*Â*Â*Â*Â*

Harry Gambill, PresidentÂ* Â*Â*Â*Â*Â* Â*

555 W. Adams StreetÂ*Â*Â*Â* Â*Â*Â*Â*

Chicago, IL 60661-3614Â*Â*Â*Â*Â* Â*Â*Â*Â*Â* Â*

Â*Â*Â*Â*Â* Â*Â*Â*Â*Â* Â*Â*Â*Â*Â*

2.Experian/Fair, ISSAC

Craig Smith, CEO

North American

475 Anton Blvd.

Costa Mesa, CA 92626



3. Equifax/Beacon

Tom Chapman,CEO

1550 Patchtree Street N.W.

Atlanta, GA 30309



[b]From the desk of Weishaupt1776:

[b]" Smack 'em Down, Boys & Girls - Remember Genesis 3:15's illumination on "Redemption" when God addressed Satan directly ;

<BLOCKQUOTE>' . . . I will put enmity . . . between thy seed & her seed;

it SHALL BRUISE THY HEAD and thou shall bruise it''s heel'



Bruise that Beast's head in the power of the Lord Jesus Christ with the indwelling of the Holy Spirit of Truth who will shew unto you the necessary laws, facts, & procedures to use when faced with injustice ! !



NOW THAT 'S REDEMPTION, BOYEEEEE! "[b]



Study the basics of lawsuit procedure <a href = "http://www.suijuris.net/main/suijuris/forum/viewtopic.php?forum=4&showtopic=8455"> HERE</a>

Sui Juris, weishaupt,



Mucho thanks for the great info!



-squirrels

[gregtu]

weishaupt1776,



This is BIG!!