Summary judgment against CC in court

seeker · #1 06-06-2004, 01:23 PM

Court date approaches on the CC issue -- they had been seeking summary judgment, I have certificate of default/dishonor that they refused my counteroffer and VoD (through an A4V and VoD)

I am a little paniky over this. I have not found anything that can support my position that the CC is in dishonor and that the summary judgment should be against them. The Sara Fugate thing was a thread, but it seems that did not work as planned. (some one said there was info on how that could have been properly presented for acceptance???? Any idea where?)

I have UCC/State code 3-505b and the verification with it. I would like to affectuate Charlene's remedy, but cannot quite connect the dots on that.

HELP!

Seeker

Ice · #2 06-06-2004, 02:24 PM

Can the CC offer any "evidence" into the record? I don't think that the "attorney" will be able to do that.

Can you give us some more detail? Did you receive the Summons/Complaint and Answer it? Have you filed any motions?... a counter claim?... what has been done in regards to the court action?

Folks, I have consistently recommended Richard Cornforth seminars. Education is key and I believe that seminar gives "direction" in these matters.

seeker · #3 06-06-2004, 11:19 PM

Ice;

The CC offered (in one case) a copy of statements and an affidavit by a clerk that it was true and correct. Received an Interogatory but have not answered it through the attorney aacting for the attorney of record. Did send a CA counteroffer to them requesting verification and proof of debt, amoung other things. No motions filed except for continuances. Nothing has been done otherwise. We have third party validation of offer and refusal to accept via a Certificate of Dishonor.

I have some of Conforth stuff and have, in fact emailed him directly. Most deals with void judgments, travel. Is there a link to something a little more relevant to this type of issue?

Ice · #4 06-07-2004, 12:50 AM

Hell, I could make up account statements... but proving that I have any kind of contract with you is another thing altogether. In here there is a case cited in which I quoted something very interesting in the decision. Check that out. You will note that the CCC could not "verify" the woman was "responsible" for the debt BECAUSE THEY DIDN'T HAVE THE ORIGINAL (or copy of?) APPLICATION (contract). See it in "Court case - big news".

Think about it. You could probably cite that case and others from your state that demonstrate they must provide PROOF of your liability and they cannot even prove that you contracted with them!

Jerseee · #5 06-07-2004, 01:25 AM

Seeker,

I have nothing against A4V. But it does take a lot of study to get it down.

What we are about here is using adjudicated case law. Cases that are on the books today that address this very issue. Also in conjunction with that weapon are the codes that empower you to demand certified verification.

Stop arguing and start asking the most important question of all------"Sir/Ma'am, verify the debt. Can you prove your claim against me?"

This strategy does not require lots of study--since it is all laid out for you. Ice has all valid points.

Remember, if you argue you will lose. Keep asking for certified verification and stay focused on that.

Ice · #6 06-07-2004, 03:16 AM

Mr. Cornforths material should give you a whole lot of ammunition -- even though it deals with "void" judgments. If the judgment was void because of a certain reason... then a case could be dismissed for that same reason.

If no evidence is entered into the record -- THERE IS NO CASE. And a lot of judgments are void for that very reason... no evidence on the record. You're also dealing with a "credit account"... have a chance to read the contract? Credit accounts may have a "transfer clause" or may not. And all of the information that Richard Cornforth can provide is ammunition that you can use.

If a judgment is void because of no evidence... then how can they continue any case without the production of evidence at some point? What evidence do they have that demonstrates you are responsible and liable for this debt? Do they have a signed contract of some kind as proof? Remember all the neat things that you could do with a computer... is that "copy" really your signature? You have a lot in your favor... realize it, use your advantage. If you can do that you'll be posting in "Successes".

seeker · #7 06-07-2004, 04:21 PM

Thanks, Ice and Jerseee!

Like I said, I am just getting panicky and want to know that I have the info solid in my mind to deal with whatever comes up in the courtroom. (hopefully this is a "real" court, not like last week's "cash register"!

My thought was to file a motion to dismiss with an orginal of my Certificate of Dishonor with notary notes, which states that an offer was made and ignored three times. According to UCC 3-505b Offer made and rejected/ignored is account settled.

Right? A dismissal with prejudice is a win. Then I could possibly file the UCC-1 against them for the amounts indicated in the CA/VoD I sent to them....

Think Success!

Seeker

Jerseee · #8 06-07-2004, 04:32 PM

good luck.

seeker · #9 06-07-2004, 04:39 PM

Thanks, Jerseee. I would love to have a post that puts your thoughts into writing for digestion. I know that you repeatedly urge to "use the law" "Use your remedy" "use the codes". If you could take a bit of time to expand on that, I think it would be helpful to all of us just learning. Sometimes it is a "lightbulb" moment when one sees something explained and it suddenly illuminates all the past information that is sitting in your brain.

I so appreciate the helping, suppotive and sharing community that Suis Juris has established here. We are blessed!

Seeker

Jerseee · #10 06-07-2004, 05:11 PM

Ask and you shall receive.

When I state, "use your remedy" I am speaking about HJR 192. To understand its power, you must critically read what it is saying. HJR 192, is your remedy. It is what backs your CPN, BoE, Bonds, etc... It is your gold and silver per se.

Adding that to your CPN along with any applicable case law pertaining to your situation is what backs your note. Since it is public record and public policy, you can attest to that as fact. That is why I have a notary sign my CPNs. Also, I do this because a notary is a public official. Furthermore, a notary's signature is like having 2 witnesses. Notaries are very powerful. Actually, they are another type of court. the court of good conscience.

Now using simple logic, is how I reap successes. Everyone that I have assisted either through this forum or by PM....they have seen the power of keeping it simple, concise, precise, direct and non-argumentative. Documents must state a position and leave no room for the bastards to squirm you into a argument over something that is considered "alleged" until proven. You cannot sure-footedly confirm nor deny an alleged debt. the accusor is the only one who can, since they are accusing you of owing it.

This is the power of acceptance. You see by writing a piece of correspondence that is concise, precise, brief, direct and non-argumentative keeps you in honor and beyond reproach. Furthermore, when you attach a good faith payment (which is a CPN for the alleged amount)...consider the matter settled.

I say this because they cannot have it both ways and public policy states that (in more words or less).

If I send you a demand for certified verification according to USC 15, Chp 41. And in the same instance provide you with payment just in case you can verify it, according to HJR 192--what is the problem after that? What you have done is use the codes and laws on the books to satisfy an argument.

this was created to also limit running to court. Now if they insist on breaking the law and dragging you into court--well then go ahead to court with your evidence that they are refusing payments and have not abided by the code that when certified verification is demanded--they need to obey it and provide it or take the CPN and shut up.

It is that simple. I use government or government backed agencies against themselves. Let them argue about their own treachery--just make sure you have a get out the way card in your pocket (HJR 192).

Hope this helps you understand how simple and effective my process is. this is not theory, this is not a hodge podge of this and that thrown together. It is the use of the codes and statutes that congress, courts and everyday folk--have created for your benefit.

Now when you leave your remedy, I hope you have gold or silver to pay up with. When I say leave your remedy, I am referring to whatever code, statute, law, etc... that will save you in your particular situation. Since I am usually in this forum, I am more than likely talking about HJR 192 or USC 15, Chp 41.

When folks leave their remedy, they start arguing over what they received instead of getting the answer to their previous question(s). So when a law firm threatens to sue you or serve you with some papers---I don't even address that. Because if they wanted to to that, they would not need to threaten you with it. if they have evidence, they would just go ahead and do it. So I never pay attention to that crap. I just call them terrorist, extortionists, and they are on the cusps of a RICO charge as well. then I go right back to USC 15, CHp 41 and demand verification for a second time.