here's another one for you
http://blogs.law.harvard.edu/ethicalesq/2003/10/06
not only do we speak gibberish and gobbledygook but I guess we are also guilty of wacky loopy lingo.
And to think all these years I actually thought you had to have some brains to pass the bar exam.
Just received a brief from plaintiff about our frivolous pleadings obtained from the internet. It includes an exhibit from Board of Govs for the Fed Res where they call these practices "bogus" and he refers to the ABA Journal article above.
Claims the defendant First Admendment Petition for Declaratory Judgment is obviously obtained from a third party source, probably the internet.(Don't the lawyer sites sell legal forms and pleadings to them on the internet? Are they not a third party?)
Defendant blatantly copied word for word the language downloaded from the internet source ... and show many legal "buzz words" with sentences that make no sense. (obviously you don't have to be able to read to pass the bar either) He claims "the manner in which the defendant obtained information from an internet source with no concern for the validity of the words, underscores the reason for disregarding the document."
Claims I made allegations under the FDCPA and have no cause of action against Bank as the creditor. He neglects to say he is a third party collector and it applies to him and ignored the allegation under FCBA which does apply to the creditor.
Claims Bank has prima facie evidence per statement, affidavit of someone unknown flunky, copy of atty. collection letter and copy of an agreement 8 years after we got the CC not original and nothing signed.
He cites a bunch of cases and attached some judgment orders from those.
First North American Bank, Issuer of Visa Card v. Reece (circuit court prentiss county miss)
Citibank v. Argiro (NH Superior Court)
Alcorn v Washington Mutual Bank 111sw 3rd 264, 268 (Tex App 2003)
Brown v. Credit Center, Inc. 444 So. 2d 358 Miss 1983
And he attached a bunch of Discover Bank cases showing the judgments
There is even one where the defendant was sanctioned - she had an award under arbitration and the judge (in Mississippi) said "the paperwork appears genuine but the court believes it is a well crafted sham" "use of paperwork that constitues a sham and fraud and may constitute an attempt to obstruct the civil legal process" "instituting an improper arbitration process .... and erroneous arbitration award."
The judges here ignore or reject properly filed evidence and listen to the song and dance of the atty puppets and get away with it then the attys. cite their own cases for the next victim.
This atty buys debt (I can't find any law in Mississippi like the one in OK or was it NEB about buying evidence) then claims to represent the bank. He has 8 or 10 cases on the docket in one day. He is not backing down he has a good scam going. There are probably kickbacks to the judges. That is the kind of stuff that goes on here. Would love to get some proof of this.
This is the kind of stuff we are up against in Mississippi - the sue capital of the country.
