Wait A Minute!!!!!! This Is A Fraud!

#1 08-26-2005, 08:55 AM

I JUST SPOKE WITH THE COUNTY CLERK's OFFICE WHERE THIS CASE WAS ALEGEDLY FILED. THE CLERK SAID THAT THERE IS NO RECORD OF ANY LAWSUITS AGAINST ME. I EVEN ASKED THE CLERK COULD IT BE POSSIBLE THAT THEIR COMPUTER HAS NOT BEEN UPDATED YET AS I ALREADY RECEIVED A SUMMONS AND COMPLAINT AT MY DOOR. THE CLERK ASKED WHETHER THE SUMMONS AND COMPLANT HAS AN INDEX NUMBER AND I SAID NO IT DOES NOT. HE THEN ENTERED MY FIRST AND LAST NAME INTO THE COMPUTER AND SAID "THERE ARE NO LAWSUITS PENDING AGAINST YOU" AND THAT "THE SUMMONS AND COMPLAINT MUST BE FILED HERE AT THE CLERK'S OFFICE BEFORE IT IS SERVED ON YOU" . . .

I'm going to the clerk's office right now to get these statements put in writing. Then I'm going to sue the pants off of that credit union!

weishaupt1776 · #2 08-26-2005, 12:20 PM

Make sure that you include the New York Rules of Proc violation also just to give them something more to think about.

#3 08-26-2005, 12:55 PM

Quote:

Originally Posted by weishaupt1776

Make sure that you include the New York Rules of Proc violation also just to give them something more to think about.

I'm still investigating this situation as it seems that, in New York City, there is a custom that allows attorneys to serve before filing. Hmmm. I'm still putting this violation in my answer.

By the way, the wedding is next spring!

dashboy · #4 08-26-2005, 11:15 PM

RATS! So much for wishful thinking!

Hi cute_chic! Welcome back. Had been wondering wear you disappeared to!

dashboy~

masterduke · #5 08-27-2005, 07:20 AM

This may be some "new" mode of attack, as the states of minn. and
south dakota (where a number of thes "bank cards" are based, at least at the account/ledger level) have passed legislation allowing debt attny to file and immediately apply and recieve summary judgement against the debtor.
Effectively skipping due process (kangaroo court) even beyond the illegal arbitration clause garbage. Hope this is of some help as to what may be happening.
Never mind that you have a right to know and understand the nature and cause of the procedings against you. Just leave that to "Blackula" in the robe
and his demonic horde of debt attorneys. they'll take care of everything

KITCHIE · #6 08-27-2005, 09:54 AM

Hey all,

They do that here in Nevada too. I have stopped a DC Attorney from getting a judgement on my automobile and have exposed him as committing a fraud on the court.

It matters not what the custom is... It matters what the rules statuets and fed law says.

Ktichie

#7 08-28-2005, 09:38 AM

Quote:

Originally Posted by KITCHIE

Hey all,

They do that here in Nevada too. I have stopped a DC Attorney from getting a judgement on my automobile and have exposed him as committing a fraud on the court.

It matters not what the custom is... It matters what the rules statuets and fed law says.

Ktichie

Yeah Kitchie I'm more inclined to believe the Clerk of the Court where this alleged case was filed than some attorneys who don't even practice law in my county! I didn't make it to the County Clerk's Office yet but I'm going there first thing tomorrow morning . . . . .

#8 08-28-2005, 09:41 AM

Quote:

Originally Posted by dashboy

RATS! So much for wishful thinking!

Hi cute_chic! Welcome back. Had been wondering wear you disappeared to!

dashboy~

Yeah Dash I'm planning a wedding so I can become "Mrs. Cute_Chick" LOL.

But don't worry, I'm still building my intellectual muscles to become a lean, mean, debt fightining machine. How's your case going? Email me - I have something to tell you about our debt fighting mentor . . . .

#9 08-28-2005, 09:43 AM

Quote:

Originally Posted by masterduke

This may be some "new" mode of attack, as the states of minn. and
south dakota (where a number of thes "bank cards" are based, at least at the account/ledger level) have passed legislation allowing debt attny to file and immediately apply and recieve summary judgement against the debtor.
Effectively skipping due process (kangaroo court) even beyond the illegal arbitration clause garbage. Hope this is of some help as to what may be happening.
Never mind that you have a right to know and understand the nature and cause of the procedings against you. Just leave that to "Blackula" in the robe
and his demonic horde of debt attorneys. they'll take care of everything

Actually that's not new Master Duke and in NY it's called a "Summary Judgement In Lieu of a Complaint." All that means is that the attorney files a summary judgement motion with the courthouse but, if I'm not mistaken, some type of notice must be served on the alleged debtor to allow him/her an opportunity to be heard.

However, in this situation, the debt attorney served a summons and a complaint without first going to the courthouse and filing the papers. The Court Clerk said he can't do that.

charlesa6 · #10 08-28-2005, 09:58 PM

Quote:

Originally Posted by cute_chick

Actually that's not new Master Duke and in NY it's called a "Summary Judgement In Lieu of a Complaint." All that means is that the attorney files a summary judgement motion with the courthouse but, if I'm not mistaken, some type of notice must be served on the alleged debtor to allow him/her an opportunity to be heard.

Absolutely right.