Credit Card Lawsuit question

[2tim215]

Originally Posted by fastej34

Hello 2tim215

Thanks for the information. I have been to the law library and have found the form to file my Motion to Withdraw Deemed Admission for State of Texas. Hopefully, this will work for me. Thanks again. I will let you know.

It is likely that the judge will have a hearing on this regarding this motion. You will have to stand before him and argue your case for this. The opposition is likely to bring some court cases to refute your arguments. Ideally you would like to have some court cases (preferably Texas cases) which would support your arguments in favor of granting you the opportunity to supply a response to their request for admissions (point out that this was your intention all along) and that you should be allowed to in the interest of justice, fairness and due process. Also keep in mind that if you do in fact win, you will now have to answer their questions (at least respond to them) intelligently so be prepared for that (this will take a bunch more research, on the rules and procedures for discovery of which there is a great amount of info available on the internet and especially in your law library). If you do find some cases that will be of help (again go to your law library and ask your librarian how to use the "shepard" manuals to "shepardize" your case) (see links below to find out what shepardizing means):
http://www.google.com/search?hl=en&s...dizing&spell=1

Once again, good luck to you.

2tim215
2 Timothy 2:15 (KJV) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.

[masterduke]

Bear in mind that if the paralegal chump that drew up the orginal crap complaint has used more than one verb, noun or has used any run-on sentences using words like "and" or "notwithstanding" or "but" etc. Where there are several allegations or claims being made in that line on the complaint you can and should "Deny" that line. I know the usual suspects will challenge this. This lawful response is acceptable regardless of what anyone says. Any question that demands an answer that is self- incrimanting in its scope should also be denied. They are attempting to play the role of the judge. Example: There is no portion of this debt that is not yours and that you owe stuart wolpoff eight million dollars? They will legal jargon it up more but hopefully you get the point. Learn from my mistakes! Don't "Admit" nothin' period!!! Any admited answers they will seize to move to summary dispostion/summary judgement and the judge will let'em have it. Question is "Ambiguous", inexplicable, this means doubtful or uncertain, capable of being understood in two or more possible senses or ways. Webster definition

Hello Masterduke

Sorry for the delay. Have been working on the motion. I will deny everything as you suggested. Still looking for a case law to support my case. Thanks again for the info.

[2tim215]

You probably need to put together a separate document to list your points (arguments) and authorities (any supporting case law). You will probably want to title it: Memorandum of Points and Authorities. This will be a part of your entire package which you will submit to the court. This should consist of
1) your Motion (make sure to use the standard title block if you can, you should be able to find a sample motion for your state somewhere),
2) Memorandum of Points and Authorities,
3) Affidavit of Truth and
4) Proof of Service (which you may want to have notarized).

Once completed, bring it down to your court make yourself 2 additional copies and get them all stamped by the clerk if he/she will do it (would try to avoid the clerk who misled you if at all possible without being too conspicuous), the clerk should keep one (this is the courts copy and should be your original), keep one for yourself, and mail a copy (with the proof of service) to the opposing counsel. You probably should mail it RMRR just to be on the safe side.

You really need to do the best you can to get this right procedurally, since if the clerks get wind of what you are doing, they may try and impede you. If so, be prepared to have to go back home and possibly make some changes. You will need to do that as quickly as you can as they may try and halt your attempt by issuing a judgment. If they issue a judgement against you, you can still probably put in a different motion perhaps.

I realize you must be pretty busy and I know how difficult this is. Just keep on being diligent as I know you are and perhaps God will get you through this. Regardless, this should slow things down a little for you (once submitted) and at least maybe get you back in the game. If you have any other questions, don't hesitate to ask and I'll do my best to answer them.

Be blessed.

I am not an attorney nor giving any legal advice, just sharing some opinions.

2tim215
2 Timothy 2:15 (KJV) Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.

Hello 2tim215,

Thanks for the info. I have found the form "Motion to Withdraw Deemed Admission for the state of Texas. I am in the process of including the reason I did not answer the question as being misled by court and simply an oversight on my behalf. I am attaching my answers with the motion as a separate page. Anyway, I am not sure what the following points you listed below mean. Pls explain.

Memorandum of Points and Authorities,
Affidavit of Truth
Proof of Service

[masterduke]

Those skunks are always trying anyway they can to shift the burden of them having to prove their charge over to you the defendant to prove you don't owe the debt in question. This is to make their slimy little world of "work" easier. The black robed jerk also wants them to prevail so he doesn't have to do anything either. Besides getting a percentage funneled to their "retirement fund". You know because they "work" so hard, they deserve a well funded retirement don't they? Wonder if theres any golf course's in Hell????

[mrg]

Originally Posted by masterduke

Those skunks are always trying anyway they can to shift the burden of them having to prove their charge over to you the defendant to prove you don't owe the debt in question. This is to make their slimy little world of "work" easier. The black robed jerk also wants them to prevail so he doesn't have to do anything either. Besides getting a percentage funneled to their "retirement fund". You know because they "work" so hard, they deserve a well funded retirement don't they? Wonder if theres any golf course's in Hell????

I hear the water traps are a bitch.

[Livefire]

masterduke,

Hell isnt all that far away for us Michiganders if ya know what I mean! we could drve out there find out for ourselves how the golf courses are! ROFLOL

Thanks for everyone's thoughts. Can someone please explain the following items listed below.

Memorandum of Points and Authorities,
Affidavit of Truth
Proof of Service

Hello everyone,

I found the answers to the questions. Anyway, I am not going to be able to file the Motion to Withdraw Deemed Admissions because I cannot find any Texas Annotated Statues stating any reasons that fit my situation. Thanks again for all your help.