Exemption hearing.

I spoke to the office of the Justice Court today and they told me that when I go to my exemption hearing the Attorney/debt collector will be there as well and we will both have a chance to present evidence.& This scared me at first and then I thought, wait a minute, I am the one in honor, this could actually be fun, as long as I am prepared.


So, to prepare I need to be sure that I know how NOT to argue.& I also need& know what to bring up at the hearing.& These are the things I am thinking of:


1. Voided contract due to non-disclosure


2.& Bad faith on part of debt collector as they mislead me to believe that they would "get back to me" about the bank sending the check to the wrong address.


However, maybe if I just went in and said, "I am so confused here, I don't understand how this judgment could have been issued in accordance with the law, could you please explain it to me."


So, I could use a lot of thought provoking questions regarding what to do.


I could also forget the hearing and start my administrave process.& Or maybe they can be done at the same time.


Thanks again.


Montana

[Jerseee]

Montana,


It is great to hear that you are focusing on not getting trapped into an argument!!!& that is the very first step!& doing this opens up everything else--trust me!& this method has worked for me!


just as you realized there is nothing to fear if you are in& honor--the object is to remain there.& next, i would ask a notary to be present at my table.& even though it is a hearing, i'm not sure about swearing everyone in but, it sounds like a good idea and it can't hurt.& Also, the use of the notary's presence is two-fold.& you can tender your CPN right there and have the notary witness your signature as well as the parties involved.& this way all are put on notice of public policy and you have witnesses to boot!& :-)


Just a thought.

So, if a notary is there with me do they ask the questions about the fraud committed by the debt collector?&


What I would really like to ask, if even the judge was under oath is, didn't the debt collector commit an act of extortion?& They did not tell me that there were other instruments in which to "pay" the debt, and everything they have done thus far has been fraudulent.&


I could see how a small case like mine could become a HUGE case if it was taken on by a person with enough knowledge about these things.


Thanks again,


Montana

[Jerseee]

The notary is not your mouthpiece, just a witness.& a disinterested third party.& A public Official.

Okay, could you please write out a little scenerio as it might happen so that I can clearly see how it is that I can go into court, state my point of view, and not be arguing?

<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>Montana,</FONT>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>Wow! Good idea! Using the notary is so old that I had forgotten about it. Ask all your questions through the notary and have all answers given to the notary. Montana, “Notary, ask Joe E. Blow if he has brown shoes on.” Notary, “Joe E. Blow, do you have brown shoes on?” Joe, “Notary, yes.” Notary, “Montana, yes.”</FONT>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>You see, the notary is an officer of the court. It is a FELONY to lie to a notary!!!!!!</FONT>
<P class=MsoNormal style="MARGIN: 0in 0in 0pt"><FONT face="Times New Roman" size=3>Jim</FONT>

[Jerseee]

montana,


i have been corrected and out weighed!& Jim approves of my idea.& However, i was wrong about the use of the notary as your mouthpiece.& Its good to finally see Jim back!& its even better when I have his support.& this lets me know that I am growing beyond leaps and bounds!!!

Okay guys, I'm getting in the groove here.& I just went down to Justice Court to pick up the forms to fill out and the lady behind the desk handed me a counterclaim form, looked me straight in the eye and said, "take this one too, there is a good chance you will need to use it."& I about fell over.&


As of yet, I have not been treated rudely when requesting assistance of administrative staff in researching or asserting my rights.



So, if I file a counterclaim citing damages incurred as a result of non-disclosure, would I be in dishonor?


&

[Jerseee]

not at all. I think once the fraud is addressed things will open up somewhat. I would file the counterclaim so they can have something to think about. You may not even make it to the hearing if they see a counterclaim. Just a thought.

Montana,


You must SERVE the counter claim. Use a process server. You cannot do it yourself. After the first one you can use the mail. If the first one isn't served they didn't get it.


Jim