Not sure what to do

[wirlwind]

As some of you know we are about to be taken to court by a debt-torney trying to collect a debt on a revolving unsecured loan. I have gone through the VOD process with attorney. I have sent letters of discovery and they have sent letters of discovery. Essentially neither one of us answered anything in letters of discovery. I just got a letter this week from the original lender of this account offering a one time settlement for about half of the original amount of loan. I'm thinking about doint the VOD with CPN to the lender to discharge debt. Do I then send a copy of same to debt-torney (that probably purchased the debt) to let them know that I am going to discharge the debt with the original lender? Any ideas?



Thanks,

Donna

[gregtu]

First, check your file down at the court house. Remember, their must be an affidavit on file. The debt-torney cannot give first hand knowledge to anything. Since you're now in a contract with the debt-torney, make sure it's worth your while. I think you should file a cross-complaint. It's all FRAUD!!! Have fun with the clown-torney!!!



Greg

[Jerseee]

Donna,



What ever happened to the certified verification?



And they are offering you a new debt at a reduced rate...has the first one been verified?



They only way that they are getting this far with you is by your consent and you have somewhere along the line made an argumentative statement such as, "this is not my debt", "I do not owe this", or maybe you have not accepted their refusal..I'm not sure.



But what I am sure of is that it sounds like no one has verified anything. So maybe the courtroom is where you can ask for verification according to the code. Also, ask if the attorney purchased the "alleged" debt.

[seeker]

Also, be careful that they BOTH do not attempt to hold you to the debt. Get that VERIFICATION! Even the orginal lender must produce verification (the note bearing your original signature) under the Fair Credit Billing Act.

Proof of claim: validation of money alleged to be owed pursuant, but not limited, to 15 U.S.C. § 1866(b) of the Fair Credit Billing Act, 15 U.S.C. § 1692g - Fair Debt Collection Practices Act; Even the UCC talks about verification of presentment -- true signatures, original notes, etc. don't fold on threat.



I would not proceed until such verification is forthcoming. I made mistakes before I found this forum and settled for cents on the dollar without even knowing that I had the right to verification. A mistake I will NEVER make again! Learn from the mistakes of others.



Seeker

[wirlwind]

I have only received copies of the alleged note and statements. There has been no original notes. I asked them if they purchased the account and they said no. I asked to see the agreement between them and the original lender and haven't received anything. I sent them a letter of discovery and they didn't respond to anything except their name and title. They objected to all the other questions about verification and jurisdiction. I'm just so tired of dealing with these *******s. And this same fgrpoup has now got a Discovery account. The discovery letter was supposed to be notarized and they didn't send it back notarized. They sent me 3 different letters of discovery and I sent them back notarized and filed them with the courthouse, and I didn't answer anything either except my name and address. they wanted all of our bank accounts and tax returns and any other loans that we had had for the last 10 years. I basicly objected to theirs just the way they objected to mine. That is where I stand now. I sent it on the third, and now I am waiting to see what they do next. I just thought that doing the VOD with CPN might do something. The thoughts of trying to terminate a mortgage after all the trouble that i have had trying to deal with these debt-torneys scares me to death. If I do end up in court, I am afraid that they will start hammering me , and I won't know what to say. I will probably become as dumb as a stump and Richard Cornforth says that you can stand on your pleadings. My poor husband would stutter himself into oblivion. I've also thought about filing for dismissal. I'm just not sure how to do that. They aren't the most cooperative at the courthouse. I've got the one that is in the Richard Cornforth stuff. Thanks to all of you for information. Any other information will also be appreciated.



Donna

[wirlwind]

Bumpin' it back up.

Donna

[seeker]

Donna;



That's what they are hoping. So take a different tactic -- you can file and affidavit stating facts -- you have no evidence that --

1. and start listing the things you want to see -- original note with your original signature

2. Bookkeeping entries that show they took a risk and "lent" you their own money

These are just off the top of my head, but you get the idea -- if you state these facts in an affidavit and place it in the court file, it is evidence and the judge can ONLY rule on evidence, not verbal testimony (the other attorney would not have first hand knowledge anyway (that could be one of your things!)) When the judge asks if you have anything to day, say you stand on your eveidence as presented.

I KNOW this is scary. I am involved in court with two CC, but I'll be Damned if I'll roll over and let them win! I have thrid party verification that they did not respond to my request for verification, they did not dispute my Statement of Account as Presented ($0.00), they did not show evidence as the holder of record, they did not disagree with any of the statements I made, therefore by their silence they have acquiesed to my presentment as truth.

Each time I think of what these AS**** did to us, I get even more committed to winning their game by their rules. No redemption/exemption stuff, just Code and law, listed in our STATE codes and laws, with cases to cite for muscle.

don't roll over for them, stand and kick them in the n****.

Sorry, but that's the imagine I replay of the opposing counsel. He's such an ass. I watched him browbeat an elderly gentleman before court one day and was appalled that this guy walked the streets and smiled his smarmy smile.

enough. go do it!



Seeker

[wirlwind]

Seeker,



Thanks for the info. I think I will go ahead and do that. When I file the affidavit with the courthouse, I have to send a copy of it to the debt-torney?



Therse attorney's took my 87 year old Uncle to court to collect for a car that was totaled in a car accident, and the insurance company paid the book value which wasn't the total amount of the car, and they were suing for 2 x as much as was owed befoe insurance paid. And essentially they won. They got a delayed judgment because they can't garnish his social security check. They will call every 6 montyhs to see if he has any additional income tht they can garnish. These guys are the s*** of the earth. I think I would trust a drug dealer before i would trust them. Well, I classify them in the same category anyway. They ruin lives just like drug dealers do.



Enough. Thanks again Seeker!



Donna

[Jerseee]

Donna,



Not sure about how much you have been reading on this lately but here is a question that should get you thinking in the right direction:



Did the attorney testify to facts of the case when your uncle went to court?



(hint: trensy v. pagliara (i think) counsel cannot testify.)

[logos]

Trinsey v. Pagliaro, DC Pa. 1964, 229 F. Supp. 647


and other useful cases listed:

here


Someone's petition to recover foreclosed property using void judgment info:here