04-01-2004, 07:09 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: Alabama
Posts: 614
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1&1/2 years after case dismissed in court
About 1&1/2 years ago I was taken to court by an attorney "representing" Sears on a CC.& I had gone through the& VOD, and even though nothing was provided I got a summons to court.& I went, but the attorney for Sears never showed.& The judge dismissed the case.& Today I get a letter from the same lawyer sending the "information" I requested.& There were about 10-15 copies of purchases that I had made with the CC and signed for.& I guess that was the verification of debt. And now they are representing someone totally different than Sears.& Are they for real?& Talk about dishonor!
Wirlwind
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When the people fear the government, you have tyranny; when the government fears the people, you have freedom-Thomas Jefferson
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04-01-2004, 08:53 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Re:1&1/2 years after case dismissed in court
hmmmm....
If I'm not mistaken, CC debts cannot be "assigned"... or they can be if proper notice is given?... (there goes that CRS again!!).
In any event, that debt cannot be collected... and I don't think a court action will help 'em either...
See "Secrets of the Legal Industry" by Richard Cornforth available in the download section.& His seminar is one that I would definitely attend...
&
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04-01-2004, 09:23 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: Alabama
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Re:1&1/2 years after case dismissed in court
Somewhere I learned that if an unsecured debt is turned over to a third party- the debt is voided.& They can't turn the debt over to another party w/o your permission.& This other company would have to produce a contract, and there isn't one.& I just couldn't believe that this DA lawyer is even trying to collect it.& I wish I could send him a video of me reading the letter and laughing my head off.& However, I will remain in honor, and respond by sending copies of the case dismissal etc. and asking for the verification of the debt with this company, and remind him,& (politely) that copies of alleged bills from another company doesn't consitute proof of any contract, or anything else for that matter.& If anyone has anything else that they think might be helpful.& I'm not too worried about it, but I don't want to do anything that could hurt my position.
thanks,
wirlwind
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When the people fear the government, you have tyranny; when the government fears the people, you have freedom-Thomas Jefferson
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04-03-2004, 12:17 AM
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Banned User
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Join Date: Oct 2004
Location: Indiana
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Re:1&1/2 years after case dismissed in court
I don't think that I would "remind" him in regards to the proof of contract -- ask him&to produce&"proof of contract".
&
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04-03-2004, 12:21 AM
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Come and Get Some!
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Join Date: Oct 2004
Location: Texas
Posts: 2,837
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Re:1&1/2 years after case dismissed in court
Way to shift the bruden where it belongs Ice.
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"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
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04-07-2004, 03:58 PM
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Re:1&1/2 years after case dismissed in court
It may be that Sears is being if not already sold there credit card accounts to someone else.& Maybe they are just trying what they can or the new people who bought them or are buying (sorry I forgot who) are now trying to come after you.& Good Luck
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04-08-2004, 11:37 PM
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Join Date: Oct 2004
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Re:1&1/2 years after case dismissed in court
&
&Sears did sell out the credit card to someone else.
& My sister told me about it, "AFTER" she paid the new accout holder off.
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04-09-2004, 12:01 AM
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Mental Jujitsu
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Join Date: Oct 2004
Location: Alabama
Posts: 614
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Re:1&1/2 years after case dismissed in court
I did get a letter last summer from this same lawyer stating that the Sears account had been turned over to a finance company and all payments could still be made through his office.& I had never made any payments through his office,& I just ignored the letter.& Some time after that , a month or so after, I got a judgment from the courthouse where this lawyer had requested that a judge order that the account be turned over to this finance company.& It was unsigned.& I didn't respond to that either.& This letter I will repsond to.& Should&I again just ask him to provide certified verification of the debt, and not get confrontational.?& I was going to send a letter of discovery, but maybe it is too early for that.& Any ideas?
Wirlwind
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When the people fear the government, you have tyranny; when the government fears the people, you have freedom-Thomas Jefferson
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04-09-2004, 10:33 PM
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Re:1&1/2 years after case dismissed in court
The order was unsigned by who??... can you be a little more specific?
Ice
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04-09-2004, 11:20 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: Alabama
Posts: 614
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Re:1&1/2 years after case dismissed in court
It looked like a judgement.& There was a place for a judge to sign it, and it was unsigned.& I had no notification that this lawyer was petitioning the court for a decision.& The first notice that&I had that the lawyer was trying to do this was this unsigned judgement.I had no opportunity to defend myself or anything.&
Wirlwind
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When the people fear the government, you have tyranny; when the government fears the people, you have freedom-Thomas Jefferson
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