quick question - debt collector suing

[logos]

Jerseee:

Thanks. Sounds like a good idea. I wonder if anyone else has tried discharging a debt in open court via unorthodox means and how it worked out for them.

This reminds me of something I heard about the plaintiff assigning their equity interest to the court in cases like this. Any info on this?

[Jerseee]

No. I have not heard of that. Why would someone do that if they used their remedy? Anyway, I just try to help folks think in a different way about things.

[logos]

Jerseee:

You use your remedy but they ignore it and try to drag you into court anyway. I thought that by discharging it in court, it might help prevent them from later coming back and saying your instrument was bogus, didn't discharge the "debt", etc.

[Jerseee]

Logos,



If it were me, this is what I do all the time.....



I write a letter demanding verification of the alleged debt and I tender a good faith payment (CPN).



I use those words in my letter. then I send it accountable mail (certified, registered, courier, whatever).



Now if they refuse it...it does not matter to me any longer because I gave them a good faith payment and to top it off, they never even verified the alleged debt.



Now this puts me way into HONOR. So I keep the retrun receipt where they signed for my package and i keep the refusal letter as well. now if they want to goto court---then i will meet them there with this overwhelming evidence. And if they want to keep playing games, I will tender a CPN right there on the spot and still demand verification. How in the world can they argue with that?



they either prove their claim or take the payment. You can't have it both ways.

[logos]

Jerseee:

I agree with you. Just thought it might be better to discharge in court so the court has direct evidence instead of relying on affidavits, USPS green cards, etc. that you tendered an instrument for discharge. But either way, the result is the same.

Screw 'em. I'm going to move it to Fed court and make them get a more expensive attorney (a price to pay for their repeated dishonor). If those mortgage company jokers want to play with me in this arcade, they're going to have to pump a lot more quarters into this game! Ha!

[sadie]

Hi,



I'm new here and trying to get a feel for everything. I understand some of it but have a lot to learn.



Has anyone ever won when the creditor takes them to court?

[logos]

Hi sadie.

People out there have nailed creditors. Bad news tends to travel faster than good.

[Jerseee]

sadie,



by the time our members here get educated and knowledgeable about the law...creditors will not want to go to court with you. However, some of our members are going through court room issues and they usually come back with good news. There are a few bad ones but, I think something was missed at times.

[suijuris]

Yep, here is one documented case...



Check out the other successes in the Success Stories area, you may note that some of these were obtained by playing the OFFENSE instead of the DEFENSE. If you understand the rules of tthe court and use them to your advantage, you can put your opponent on the defense. You can use counterclaims and discovery to place the proper evidence (or lack thereof) on the record, thus placing the advantage firmly on your side.