Pollack & Rosen submitted xerox of application

[Judge Roy Bean]

Originally Posted by masterduke

Endless Debt. Debtors prison will be reintroduced in this "country"
The "bar" will welcome it and help to initiate its return

Not if people would stop accepting offers for, and using credit cards.

Credit is OPM (say the letters a few times) - Other People's Money. It's at least as addicting and not only legal, it's heavily promoted.

And to survive, the creditor's bar has to have more people out there who can't handle credit and will go into default. It's the law of supply and demand; if the number of default cases goes down, the number of law firms in that specialty will shift.

[weishaupt1776]

Originally Posted by Judge Roy Bean

Not if people would stop accepting offers for, and using credit cards.

Credit is OPM (say the letters a few times) - Other People's Money. It's at least as addicting and not only legal, it's heavily promoted.

And to survive, the creditor's bar has to have more people out there who can't handle credit and will go into default. It's the law of supply and demand; if the number of default cases goes down, the number of law firms in that specialty will shift.

Good stuff, JRB. Kinda like the ************ drug benefit and socialized poison- - I mean medicine

[Freedomless]

I have been reading the responses here and find that the issues are very worthy. My problem is that all answers come back to the fact that the courts do not listen to the people because we do not understand the deception in the system.

The system then needs to be changed so that it is what it is intended to do, to represent the people and not for the sole purpose of a corporation. Is it not time to push for a change in the system.

With impeachment pending and people on the edge of revolt, this issue should also be a part of the impending outcome.

[truth4all]

Originally Posted by Judge Roy Bean

Not if people would stop accepting offers for, and using credit cards.

Credit is OPM (say the letters a few times) - Other People's Money. It's at least as addicting and not only legal, it's heavily promoted.

And to survive, the creditor's bar has to have more people out there who can't handle credit and will go into default. It's the law of supply and demand; if the number of default cases goes down, the number of law firms in that specialty will shift.

"Credit" is OPBE ( say THAT a few times) OTHER PEOPLE'S BOOKKEEPING ENTRIES.
What the heck is the "creditors bar"?
And I see you didn't deny that the turn towards debtors' prisons is actually in sight.
YOU must know. They ARE trying to turn civil matters into criminal matters NOW.
In another thread here, DISCOVER trying to turn a credit card case INTO a criminal matter.
There IS an American Revolution going on right now and "THEY" know it . This is why the push towards intimidation and threats of prison for civil matters.
I do agree with ONE thing Bean says.
DON'T USE CREDIT CARDS ! If you can't pass off the the debt with REAL debt/FRN"s, don't buy it.
I say don't even use FRN's. Return to the HUMAN, personal way of bartering. Yes it is backwards, but does ANYONE see a bright sunny future for us, doing things this way ?
Cut the thieves off where it will make a difference.
DON'T buy what they are trying to sell you.
In London there was a "drive slow day"to protest the price of gas,
The snarled traffic jams got a few some traffic tickets handed to them, but wake up people.
You still have the right to peaceful protest.
DO IT before you lose that right.
DON't USE credit cards even IF you can pay them off in full.
They make money, NOT just from you, in interest, but they charge merchants for each and every transaction, PLUS they charge monthly fees for use of the equipment and numerous other related fees.
Just paying it off every month does NOT cut off their money supply, It just puts a big dent in it. They will then raise the price to do "business" with them to make up for the difference, like membership fees, etc.
Do you object to where and how the govenment spends YOUR obligation/debt? Then don't give them any debt to spend !

[Judge Roy Bean]

Originally Posted by truth4all

What the heck is the "creditors bar"?

The various attorneys that specialize in creditor issues are collectively sometimes referred to as the "creditors bar."

[truth4all]

Originally Posted by Judge Roy Bean

The various attorneys that specialize in creditor issues are collectively sometimes referred to as the "creditors bar."

I assume they are bound by all of the ethics codes and professional codes that ALL BAR members are SUPPOSED to be held to?
Or do THEY have some "backroom deal" with the JUDGES to ignore Civil Rules Of Procedure, ethics and professional codes ?

I suggest that everyone READ your State Bar Association Ethics and Professional Codes.
See how many of these rules and codes these bottom feeders have broken.
Like "supression of evidence" ?
File a complaint against them
With enough complaints about them, someone, at some point, will HAVE to listen or THEY will have a complaint filed against them !
Use the tools given to you to put these bottomfeeders out of business.
USE THEIR OWN RULES AND LAWS against them !
If you don't hold their feet to the codes and laws NO ONE will.

The judges hearing these cases sure do allow the "creditors BAR members" to break many of these codes and laws !
I have first hand knowledge and proof. Fortunately at least TWO "creditors bar members" are going to get their "clocks cleaned in Federal Court on a 1692 FDCPA lawsuit " (to use my attorney's terms).
The "Judge" isn't going to like the complaint I have filed against him too !
Nor is the ORIGINAL CREDITOR going to like the investigation by the OCC about their "doings" in matter either !

By the way folks, check your Superiour Court website. They may have some forms for you to download and ONE of them might be an Affidavit of Prejudice Peremptory Challenge To Judicial Officer.

FILE a COMPLAINT about the JUDGE being PREJUDICED ! TEll them you cannot get a fair trial before this JUDGE when he ignores the law and runs roughshod all over you !

[MADDOG]

Truth4all - I wonder if I should file an action complaining about the fact that the judge in my present case is neglecting to rule on my motion after issuing the Plaintiff an Order to Respond within 15 days, and now failing to rule after no response has been received from the Plaintiff for almost 2 months!!!
_____________________

Thanks to everyone for your lucid and helpful advice. I so appreciate all of you – (including JRB for letting me know what to expect from the debt collectors and judges).

After poring over everyone’s advice, I think I’ll begin my response by composing a polite letter back to the debt collection atty pointing out:

1) that his client, Capital One, has provided an un-authenticated and rather poor copy of an application that I do not recognize.

2) This copy of the alleged application does not bear any reference whatsoever to the alleged account. It does not even mention the name of the bank! There are numbers appearing on the application that do not correspond to ANY of the numbers appearing anywhere on the stack of monthly statements that they’ve provided.

3) The alleged application mentions that the undersigned: “…have read the important disclosures and miscellaneous information on the back of the letter and agree to be bound as specified therein.” But the back of the letter was not included in the so-called verification of debt. My request for verification specifically asked for proof of the repayment terms to which I allegedly agreed. There was no copy of the supposed terms agreed upon by the "applicant".

4) I asked for Verification of Debt; including an authenticated copy of any signed application or agreement. Instead, I received an un-authenticated copy that could have been falsified by an identity thief capable of using computer technology to falsify my signature. I require a color photographic duplicate, authenticated under oath and notarized by an officer of the bank. I would support this request by quoting the statutes and FL rules of evidence that Iamfreeru2 quoted for me.

5) I have no proof that additional copies of this alleged application are not also in the possession of other potential debt collectors. I have no proof that the present collections attorney is the only entity in possession of such a copy of this alleged application.

6) I have no proof that the present Law Office has actually been retained by Capital One Bank for purposes of representing them in this collection action. Pollack & Rosen may have simply purchased evidence of debt. I need to see a copy of the agreement between Capital One Bank and Pollack & Rosen, indicating that they have actually been retained to represent the Bank in this collection action, and I need it to be authenticated (notarized).
________________________________

JRB – as far as the Arbitration Award issue goes - has there actually been any case(s) decided proving that any of these independent Arbitration companies are/have been dishonest or fraudulent? Specifically, has either Century Arbitration Associates in Ocala, Florida, or Champlain Valley Arbitrations in NY ever been proven to be fraudulent or a scam? Please let me know.

[truth4all]

Originally Posted by MADDOG

Truth4all - I wonder if I should file an action complaining about the fact that the judge in my present case is neglecting to rule on my motion after issuing the Plaintiff an Order to Respond within 15 days, and now failing to rule after no response has been received from the Plaintiff for almost 2 months!!!
_____________________

Thanks to everyone for your lucid and helpful advice. I so appreciate all of you – (including JRB for letting me know what to expect from the debt collectors and judges).

After poring over everyone’s advice, I think I’ll begin my response by composing a polite letter back to the debt collection atty pointing out:

1) that his client, Capital One, has provided an un-authenticated and rather poor copy of an application that I do not recognize.

2) This copy of the alleged application does not bear any reference whatsoever to the alleged account. It does not even mention the name of the bank! There are numbers appearing on the application that do not correspond to ANY of the numbers appearing anywhere on the stack of monthly statements that they’ve provided.

3) The alleged application mentions that the undersigned: “…have read the important disclosures and miscellaneous information on the back of the letter and agree to be bound as specified therein.” But the back of the letter was not included in the so-called verification of debt. My request for verification specifically asked for proof of the repayment terms to which I allegedly agreed. There was no copy of the supposed terms agreed upon by the "applicant".

4) I asked for Verification of Debt; including an authenticated copy of any signed application or agreement. Instead, I received an un-authenticated copy that could have been falsified by an identity thief capable of using computer technology to falsify my signature. I require a color photographic duplicate, authenticated under oath and notarized by an officer of the bank. I would support this request by quoting the statutes and FL rules of evidence that Iamfreeru2 quoted for me.

5) I have no proof that additional copies of this alleged application are not also in the possession of other potential debt collectors. I have no proof that the present collections attorney is the only entity in possession of such a copy of this alleged application.

6) I have no proof that the present Law Office has actually been retained by Capital One Bank for purposes of representing them in this collection action. Pollack & Rosen may have simply purchased evidence of debt. I need to see a copy of the agreement between Capital One Bank and Pollack & Rosen, indicating that they have actually been retained to represent the Bank in this collection action, and I need it to be authenticated (notarized).
________________________________

JRB – as far as the Arbitration Award issue goes - has there actually been any case(s) decided proving that any of these independent Arbitration companies are/have been dishonest or fraudulent? Specifically, has either Century Arbitration Associates in Ocala, Florida, or Champlain Valley Arbitrations in NY ever been proven to be fraudulent or a scam? Please let me know.

MADDOG, I can't give legal advice.
It would seem that you have the option to Motion To Compel with Sanctions. Look up your civil code on that.
Or you could just "let sleeping dogs lie. and seewhat they come up with, if anything !"
It is a tough call.
You also might want to check on being prepared to file a Motion To Strike their answer (if the ever do come up with one) the longer they take to answer the more likely the chance you can sucessfully Motion To Strike I would think. ( but I am not an attorney)
If the Judge doesn't allow your Motion To Strike, or Motion To Compel with Sanctions, after all of this extra time they have been given, then I think that would be the time to "affidavit" the Judge right off of the case. ( if that is an option available to you in Florida)
But YOU must weigh the options and determine what is best for you.
That is the hard part isn't it?
Good luck.

Look at the case mentioned above. That is just the tip of the iceberg of misery;
Endless Debt. Debtors prison will be reintroduced in this "country"
The "bar" will welcome it and help to initiate its return[/quote]
It has already with me going to criminal trial with charges of Theft for not turning the car over to the bank right away. I tried like heck in court to get the orginials and was told a copy is good enough. I brought up the verification of the debt signed by the attorney and they did not care and said it was not the issue. I fought like hell in court for a long time over this one and they turned and filed a feloney charge against me for THEFT. Now they have the car back and sold it at auction and there was never a theft of any kind. I will win this one in court unless the judge is going to continue to be corrupt and not allow me due process of law. However, I also was told they the DA would not talk to me without an attorney. There is a debtors prison folks and I told the judge that in court and he said oh no there isn't a debtors prision. Bull Hoggies

Originally Posted by Judge Roy Bean

Not if people would stop accepting offers for, and using credit cards.

Credit is OPM (say the letters a few times) - Other People's Money. It's at least as addicting and not only legal, it's heavily promoted.

And to survive, the creditor's bar has to have more people out there who can't handle credit and will go into default. It's the law of supply and demand; if the number of default cases goes down, the number of law firms in that specialty will shift.

Most people want to believe that our country is honest and most people are honest, Judge Roy and since this country and government have not been how are the people going to know until they get caught up it in. As long as people are comfort and life goes as they choose than most would never think the unthinkable would be taking place.