Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #11  
Old 03-29-2006, 06:22 PM
jjetts4 jjetts4 is offline
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Join Date: Oct 2004
Posts: 20
Agree

I have to agree with the judge on this one. I am all for positive energy, but at the same time you have to be ahead of their legal team who has seen this stuff more times than hairs on your head.

I have done the BOE thing before incorrect and correct. Incorrect= nothing happens
correct= your account is zeroed out and you receive clear title to something.

With your current mind set, with all due respect, now is the time to get up on law and legal procedures and the FDCPA.






Quote:
Originally Posted by Judge Roy Bean
At the risk of being blunt, you've accomplished zero.

The BOE "process" is legally meaningless and they've seen it often enough that they know how to proceed. For the amounts involved, you can rest assured you're going to be sued.


It appears they have labelled you a deadbeat for using a frivolous and completely illegal scheme for getting out of a debt.

There is nothing to enforce. You've fallen for another disproved and legally meaningless ruse. I only hope you didn't pay much for this version of an obsolete program.

You're already at war - and you basically started it by firing blanks at the enemy. Within a few weeks, if not days, you'll be getting a notice that you've been sued and a summons to appear in either a court or in one of the arbitration forums. As evidence of your attempt to perpetrate a known fraud (BOE and a sham "administrative process"), they will probably present copies of the papers you submitted in the scheme to destroy what's left of your credibility.

That's the bad news. The good news is you may be able to actually have your credit score restored or at least improved by NOT letting it get to the arbitration or lawsuit stage, where you'll end up with a legally-recorded judgment that will haunt you for years.

If you and/or your spouse acquired products or services using the cards, and they can demonstrate with a preponderance of evidence that you did, the question eventually always boils down to your ability or wllingness to pay the debt.

The rest of the legal mumbo-jumbo doesn't mean diddly if you got stuff with the cards.

Willingness without ability or future ability often winds up not even going to court, i.e., if you don't have it and can't be expected to get it, why bother? A judgment against someone who has nothing and won't have much in the future is a waste of time and effort.

Ability without willingness is a loser in court, especially in a jury trial.

I wouldn't recommend an attorney in this one. You'd be coming to court with unclean hands so it would be hard to find one who wants to take such a case, and I would venture to say he or she wouldn't share your view of the law in this area.

The second real issue is whether or not you need to use credit in the future. A credit score of 500 is meaningless to anyone who isn't looking to borrow money, get insurance or look for a new job.

If you have an income or assets, and if you think you need to use credit in the future, the only viable legal option is to either pay as per the terms of the agreement or negotiate a reduction of the debt or the interest rate. It's now too late to get another loan to pay them; they've done enough damage to your credit score to prevent that.

If you don't make some kind of deal, depending on the state you live in, you'll wind up with a judgment which could involve wage garnishment of up to 25% of your income.

Again - the IF question is the key. Thousands of consumers get ripped off with bogus debt collection efforts every year, but those who can prove they didn't actually use the card or that the account wasn't their's make the collector's attorney look like an idiot if they decide to push it that far.

Under all circumstances, IF your case is legitimate, make them prove everything - don't help them out with goofy legal theories.
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  #12  
Old 03-29-2006, 08:22 PM
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Judge Roy Bean Judge Roy Bean is offline
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Quote:
Originally Posted by hardtoremember
.... today I know it is a waste of time as you will lie, and stereotype anyone who follows these written procedures, acts, statutes, codes etc. into groups of either patriots, crazies, lunatics, christian finatics, etc. that the mind control media has put out as word association to discredit anyone exposing what you and your thug brothers/sisters have fruadulantly done by the barrel of a gun and by force.
I prefer the cattle prod to the gun. Most of the allegedly crazy finally come to grips with reality before they face a life or death situation.

There are those I have seen who would sacrifice even their wives and children to financial disaster based on absurd mythology they bought into.

Then when it finally crashes down on them and the kids are living with relatives so they can go to school and the spouse is ready to find a divorce attorney, they come to their senses and start ignoring the looney-toons advice.
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  #13  
Old 03-30-2006, 09:09 AM
hardtoremember hardtoremember is offline
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Join Date: Apr 2005
Posts: 138
Quote:
Originally Posted by Judge Roy Bean
I prefer the cattle prod to the gun. Most of the allegedly crazy finally come to grips with reality before they face a life or death situation.

There are those I have seen who would sacrifice even their wives and children to financial disaster based on absurd mythology they bought into.

Then when it finally crashes down on them and the kids are living with relatives so they can go to school and the spouse is ready to find a divorce attorney, they come to their senses and start ignoring the looney-toons advice.

I dont have actual fake stats to post to you, but I do believe it has been posted by your controled media that "law enforcement" and the likes has the highest divorce rate along with domestic abuse... especially those great men who are saving us ignorant people from ourselves... they have so much pressure that they must go home and abuse their spouse daily... oh thank you thug, oh thank you thug for saving me from myself.
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