Proof that plaintiff attorney lied.

#1 03-12-2004, 01:58 PM

I am so excited.& I have been trying to assert my rights, I filed an answer to a complaint by requesting verification of debt.& The debt collector attorney sent me a "copy" of a signed affidavit stating that the debt was "sold" to the plaintiff, which is a debt collector attorney.&
Well, at the time that I filed my answer I also filed a complaint against the plaintiff and one of my points was that he purchased evidence by purchasing the debt.& In his response he specifically states that the debt was not purchased.

The great thing about this is that all of these papers have been filed with the court.& I have a pre-trial hearing on April 7th.& At that time it is my plan to supeona the accounting records regarding my case from both the plaintiff and the original creditor ( a hospital).

I can't believe how blatant this attorney is about lying.& It just goes to show you how sure they are that they will win.& I have a lot of work ahead of me to make sure that he does not.

Also, what do you think about me having his bar card and bond of indemnification supeonad?

Later,

Sara-Jane

Ice · #2 03-12-2004, 02:22 PM

Wow... this attorney will commit perjury and think to get away with it?& Now, this is really an unreliable witness and since his is the only "testimony" against you and it can be impeached on the basis of "perjury before the court" (and maybe a "fraud committed upon the court"), it looks like there will be NO EVIDENCE BROUGHT AGAINST YOU.

hmmmm.... makes one wonder how they can deal with that...

The judge will probably say that YOU cannot impeach the "witness" -- you just tell him that you already did and it's a done deal... you might refrain from asking either of them if they like Apples... (how do ya like them apples!!).

&

#3 03-12-2004, 02:40 PM

Oh, I forgot to mention this great line by the Plaintiff "apple".

"Defendants (me) firvolous claims are brought in bad faith and for the purpose of harassment."

So, they are claiming that I am harassing them.& If for nothing else, it's good for a laugh.

Sara-Jane

Jerseee · #4 03-12-2004, 04:10 PM

Well Montana,

protecting your rights and yourself is harassing when the true offender can't touch you.

#5 03-12-2004, 07:22 PM

The attorney might have thought twice about sending you that affidavit had you said:
&
& Please verify under penalty of perjury[/i][/b], that as a debt collector, you have not purchased evidence of debt and are proceeding with collection activity in the name of the original creditor. Since you are the alleged assigned debt collector, I will need you and your client[/b] verify under the penalty of perjury and provide evidence that the party you represent has not sold[/b] evidence of debt to any other 3rd party debt collectors[/b] thus repudiating (Blacks Law 6th Edition, also see Renunciation[/i][/b]) their claim against me. 
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suijuris · #6 03-13-2004, 12:05 AM

These attorneys are buying debts (illegal) and then they stand in court (as attorneys) and try to testify in open court.

Anything wrong with the picture, beside the fact that the purchase of the "debt" was illegal?

Sui Juris

#7 03-13-2004, 12:11 AM

You are the second person today to tell me that the reason that they provided this documentation is because they did not do it under oath.

I absolutely love your wording.& I am learning as I go and I am not as confident in my ability to effectively assert my rights as I am in my ability to make a fool of myself while trying to do so.

In any case, how do you think that I should procede.& I have thought about filing a motion to dismiss based on these lies.& I have thought about trying to get the attorney on the stand and sworn in.& However, I don't have much confidence in doing the former.

So, if I was going to use that type of verbage at this point, what would be the most effective way.&

Also, it is interesting that you brought up the bit about "proceeding with collection activity in the name of the original creditor", because I also put that in my counter claim.& The attorney/debt collector denied collecting in any name but his own, even though in the very same document that he says he owns the debt, it has the original creditors name as the formost part of the document.

It frustrates me that I can see all of this, and I read the code to know what is right and wrong, yet, if I don't act on it with the right procedure, I could very well lose.

Thanks for you input,

Sara-Jane

Jerseee · #8 03-13-2004, 12:11 AM

SJ,

Could you post the case law that supports this? I know its somewhere on the site because Jim mentioned it before--I can't find it.

suijuris · #9 03-13-2004, 12:25 AM

Jersee, here it is:

http://www.suijuris.net/main/suijuri...showtopic=1626

I believe the law stated by Jim applies to Oklahoma only, you may need to find applicable cites for your jurisdiction, unless you can find it in U.S. code somewhere.

Regards,
Sui Juris

#10 03-13-2004, 12:25 AM

Sui Juris,
I've noticed that we have the same initials.& I often sign things SJ but have not done it here so that I don't confuse anybody (just and interesting tidbit)

re your above post.& I am going to do my best to answer your question.& It is my understanding that attorneys can not testify as they do not qualify as a competent witness.& Testimony from a competent witness is one of the things required to have a court.& Also, they are presumed under oath because of the oath that they take to uphold the constitution.& However,& there must be some way around this for them because otherwise I don't think that they would so readily purger themselves.

Jerseee,
What you are looking for is posted in the FDCPA Cites post that was started by Sui Juris.& It is not case law but rather Oklahoma Statute.& In order to continue to use that piece I need to find some case law supporting it.& However, I am&now confident that I have a, lets see how do you put it, "cosmic" chance of winning.