Need some opinions

[Jerseee]

jon,


There is case law somehwere on this forum that basically states, photocopies are not originals.& I don't know where it is but I know that there is some case law that says this.


And as i t hink of it, Ice has&a point.& These guys are always using the threat of taking you to court to get what they want--well then go to court and ask your questions there since they are not responding to your letters.& So sue me.

[charlene]

This question may be in the wrong area. What goverment agency or agency oversees all of the credit card reporting agencies?& I thought if a letter could be written to say, U.S. Department of Commerece, or whomever. and file a complaint that the cc agencies are not&doing there job , as quoted in the FDPA, when we ask for Certified Verification. They are not following their own rules set forth by the Code of Federal Regulations. Charlene

[Jerseee]

Also,


I would read the paper reduction act and after that look at some of those IRS forms that do not have OMB numbers.

[wirlwind]

Ice,


This was a revolving unsecured accoubnt that was accessed with checks rather than a CC.&


How does a judge decide that a photocopy is correct.& If they ask me in court if it is mine, I'll say I have no way of knowing if that is my signature or not because it is a copy and anything can be done on a& computer.& If they pin me down I will say that it isn't my signature (because it isn't- it is a copy.).& If they ask me if it is a copy, I'll say it is a copy of something, but I don't know if it is a copy of my signature.& I will get so stupid.


That case law about the copies is on here somewhere.& I think I may have it at home also.& I will have to look for it.


Thanks,


Donna

[wirlwind]

I think I found the link with the case laws sited regarding having the original promissory note.


http://www.suijuris.net/main/suijuri...showtopic=2767&


Donna

[wirlwind]

I also want to mention here that I am scared to death to go to court.& I have never had to do it except that one time with Sears and the attorney didn't show.& If he had, I probably wouldn't be writing this today.& This attorney that has been harrassing me so& I believe will take me to court.& He did my cousin.& She got a thing from the court a few days after we got ours.& They got a lawyer because she didn't feel competent enough to try and fight it herself, and they got a deferred judgement because it was against her father and he is 87 years old and they couldn't garnish his pension.&


What I am most afraid of is that the judge will do whatever he feels like.& They don't judge by the law anymore- they do whatever they want to.&


But if it comes down to it, then I guess I will have to.&


Donna

[Ice]

But this guy is a "collector"... right?& He's not the "original creditor"... right?


Motion to Dismiss.& Use the Cornforth material.& If he is successful in obtaining a judgment... it will most likely be void and you could handle that.


&

[rushpat]

Originally Posted by charlene

I thought if a letter could be written to say, U.S. Department of Commerece, or whomever. and file a complaint that the cc agencies are notÂ*doing there job , as quoted in the FDPA, when we ask for Certified Verification. They are not following their own rules set forth by the Code of Federal Regulations. Charlene

Where can we find the link between the FDCPA and the CFR?

notice, jerseee i agreed with copies not being admissable.& i am just simply stating what the courts will do.


charlene, with regards to judges in the courtroom - they will favor the accuser (guilty until proven innocent).& unless you can show enough knowledge to satisfy their "testing," you will not pass Go! or collect $200...& my experience.


in other words, you will have to cite the relevant case law to support your material - look in the annotated code of your state for that material to go with the "law."& that way you are not making an interpretation of the "law" but rather using their interpretation to support your position.& phrase things so that you are asking questions instead of making statements of fact.& also, do things in negative averrment (you can't prove a negative).& this is what i've learned from being here.


read/see cornforth.& he/it is very informative.


i fully sympathize with your court apprehension.& been there and hope to never be there again.& it is an intimidating place to the uninitiated.


jon