Appointing the Dept Collector Agent of the Strawman

[rottweiler]

I have a family member of a friend that is being summoned to court for a debt collection of $1300. This man is disabled and on Social Security as his only means of support so I don't understand why a debt collector would waste his time with him but I see a opportunity to possibly make the attorney the agent for the strawman. Would appointing the debt collector named on the summons as fiduciary of the strawman have any chance of making this attorney go away? Does anyone have a document I can use for appointing a fiduciary? I am looking for a approach that does not require any court appearance by the disabled man which also gives a opportunity for a lawsuit for breech of fiduciary trust and/or make the attorney pay the debt out of his pocket if he persists. Any idea are welcome.

[gldskr]

Would appointing the debt collector named on the summons as fiduciary of the strawman have any chance of making this attorney go away?

I doubt it, how would you prove the existense of the strawman?

The question is who owns the debt and is filing the suit?

If it is the original creditor/bank then a R4C, VOD process should be sufficient.

If it is a DC then the VOD, along with a demand for a certified assignment agreement should also work.

In either case, the owner of the debt is the only one with standing to sue. I would guess their only goal presently is to get him to accede to their jurisdiction, where he will then be toast.

gldskr

[Judge Roy Bean]

Originally Posted by rottweiler

I have a family member of a friend that is being summoned to court for a debt collection of $1300. This man is disabled and on Social Security as his only means of support so I don't understand why a debt collector would waste his time with him but I see a opportunity to possibly make the attorney the agent for the strawman.

You're imagining things. The "strawman" legal nonsense has been shot down so many times it only helps DC attorneys prove their cases when someone tries it. They aren't complete idiots, just opportunists and they don't operate in a vacuum - they share case information amongst themselves all the time, including how to get summary judgments when a debtor tries frivolous arguments.

Originally Posted by rottweiler

Would appointing the debt collector named on the summons as fiduciary of the strawman have any chance of making this attorney go away?

No. None of that would have any legitimacy or effect. To make this idiot go away you have to convince him or her there is nothing to go after and thus, it is a waste of time and money.

Originally Posted by rottweiler

IDoes anyone have a document I can use for appointing a fiduciary? I am looking for a approach that does not require any court appearance by the disabled man which also gives a opportunity for a lawsuit for breech of fiduciary trust and/or make the attorney pay the debt out of his pocket if he persists. Any idea are welcome.

The nitwit collector must think there are some assets to go after. Chances are it's just another one of many of their batch of cases and they don't realize your friend's family member is essesntially indigent and a judgment against him or her is worthless.

CA's sometimes make a lot of noise and then simply abandon these kinds of cases - they're called doo-wops - dismissed for want of prosecution.

But this isn't legal advice. The attorney who probably handled his SS disability filing appeal may have a better, local opinion.

[charlesa6]

Originally Posted by Judge Roy Bean

The nitwit collector must think there are some assets to go after. Chances are it's just another one of many of their batch of cases and they don't realize your friend's family member is essesntially indigent and a judgment against him or her is worthless.

CA's sometimes make a lot of noise and then simply abandon these kinds of cases - they're called doo-wops - dismissed for want of prosecution.

But this isn't legal advice. The attorney who probably handled his SS disability filing appeal may have a better, local opinion.

Yep!! I agree with "JRB" on this clarification. This is easy case to handle without any paper works.

[rottweiler]

The guy has been disabled for about 15 years and goes for dialysis twice weekly, his feet are mangled from diabetes and can't walk. How he got a credit card to begin with is beyond me but I guess the debt is over 5 years old. He worries they will garnish his SS benefits but I told him not to sweat it.

Originally Posted by Judge Roy Bean

You're imagining things. The "strawman" legal nonsense has been shot down so many times it only helps DC attorneys prove their cases when someone tries it. They aren't complete idiots, just opportunists and they don't operate in a vacuum - they share case information amongst themselves all the time, including how to get summary judgments when a debtor tries frivolous arguments.


No. None of that would have any legitimacy or effect. To make this idiot go away you have to convince him or her there is nothing to go after and thus, it is a waste of time and money.



The nitwit collector must think there are some assets to go after. Chances are it's just another one of many of their batch of cases and they don't realize your friend's family member is essesntially indigent and a judgment against him or her is worthless.

CA's sometimes make a lot of noise and then simply abandon these kinds of cases - they're called doo-wops - dismissed for want of prosecution.

But this isn't legal advice. The attorney who probably handled his SS disability filing appeal may have a better, local opinion.

[masterduke]

Check your states SOL? I bet this debt is toast as it is 5 years old? In the state of Mich. its 4 years then it goes SOL. Sounds like some "old debt" scumbag weasel's like an RJM Acquisitions Funding LLC type, who may be at the other end of this attack. Or some other creep squad that buys super old debts and then tries to collect them. They must get/buy them for next to nothing. A "company" called Camco used to do stuff like this until they were shut down, I think by the feds, for doing some really outragous stuff. And over debts that would be 10 and 20 years old in many cases. This is the sort who would be dimwitted enuff to go after this person. Too bad you couldn't sue them.
If it is SOL then moniter the court to make sure they have not started some action by "magicly" re-aging the debt with some sort of fake payment. If Statutue of Limitations have expired then ignore their stuff, Theres nothing they can do(thanks JRB!). Do not let him or anyone else in the family be "talked" or "guilt tripped" into making any sort of payment on this account as it will then re-age the debt. Lots of people get sucked in by this trick! It can happen by mail or by phone with all sorts of "offers" to "clear this matter up" . Tell him not to believe any of it! His SS would not subject to garnishment I would think? Double check with SS for clarity on this topic. I wish him the best!

[rottweiler]

I think the SOL in Wisconsin is 6 years but don't know the date of his last payment. I would not be suprised if it was 5 years ago. Where would I find the evidence of re-aging the debt, on his credit report?

Originally Posted by masterduke

Check your states SOL? I bet this debt is toast as it is 5 years old? In the state of Mich. its 4 years then it goes SOL. Sounds like some "old debt" scumbag weasel's like an RJM Acquisitions Funding LLC type, who may be at the other end of this attack. Or some other creep squad that buys super old debts and then tries to collect them. They must get/buy them for next to nothing. A "company" called Camco used to do stuff like this until they were shut down, I think by the feds, for doing some really outragous stuff. And over debts that would be 10 and 20 years old in many cases. This is the sort who would be dimwitted enuff to go after this person. Too bad you couldn't sue them.
If it is SOL then moniter the court to make sure they have not started some action by "magicly" re-aging the debt with some sort of fake payment. If Statutue of Limitations have expired then ignore their stuff, Theres nothing they can do(thanks JRB!). Do not let him or anyone else in the family be "talked" or "guilt tripped" into making any sort of payment on this account as it will then re-age the debt. Lots of people get sucked in by this trick! It can happen by mail or by phone with all sorts of "offers" to "clear this matter up" . Tell him not to believe any of it! His SS would not subject to garnishment I would think? Double check with SS for clarity on this topic. I wish him the best!

[masterduke]

By getting a copy of his report(from all 3 agencies) that should have the dates of his last payments. But these credit reports are also known to carry lots of incorrect/out of date info in them so look real close. Dispute any mistakes you may find. Sorry about the 6 year black hole! I still don't think they will be able to steal anything from him via a summary judgement due to his income source and ongoing medical problems. Just play it safe and have him remove his cash from the bank and monitor the local court for any actions the rats may try to file. This coupled with "help" from their fellow crook, the judge, who knows what they will try to pull?

[rottweiler]

Thanks for your help. I just talked to him and I guess he just gets his SS money from Western Union every month. I don't know how that works but he seems to not be overly worried now about them grabbing the funds. I saw this situation as a opportunity to try to understand how to appoint a fiduciary as a magic bullet and had a goofy idea that the collector would become responsible for the debt and then to apply that technique to criminal matters. I am just brainstorming but has anyone successfully just up and fired the opposing attorney since they need our voluntary acceptance?

Originally Posted by masterduke

By getting a copy of his report(from all 3 agencies) that should have the dates of his last payments. But these credit reports are also known to carry lots of incorrect/out of date info in them so look real close. Dispute any mistakes you may find. Sorry about the 6 year black hole! I still don't think they will be able to steal anything from him via a summary judgement due to his income source and ongoing medical problems. Just play it safe and have him remove his cash from the bank and monitor the local court for any actions the rats may try to file. This coupled with "help" from their fellow crook, the judge, who knows what they will try to pull?

[masterduke]

Seems only bar members are "allowed" to reside in legal la-la land. It would be great if you could attack them as easily as they attack non members all the time, the rotten rats!