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District Court Cases
Last August I was served with summonses for two credit card accounts by a law firm/debt collector. They hired the same law firm for each case. First I filed for a thirty day extension to answer. In my answer I accepted their offer for me to pay, stating I would effect payment immediately with the condition that they verify the debt in a timely manner. I included a Certificate of Compliance and a Verified Bill Statement for them to complete in order for me to be certain that the debt was valid. Within seven to ten days, the law firm sent me Admissions and Interrogatories. I refused for cause, without dishonor and sent them back and put it into the case file. I also stated that I did not feel compelled to divulge any personal information since they had the burden of proof and that a valid claim had not been presented yet. I also attacked the affidavit, by a credit card employee stating that they had first hand knowledge of all relevant information concerning the account, which was backing the suit. Since I had been corresponding to the credit card company for over a year trying to get them to validate the debt, I put copies of all my paperwork into the case file. With that in the file, I had shown that the affiant did not have all the relevant information and that they were an incompetent witness and that the lawyer was an incompetent witness as well. About this time, I began putting “In Admiralty” under the Case Number in the caption. I was attempting to get it out of a possible court of equity and into admiralty or UCC. During all this I made my filings with the strawman name in the caption, but would sign it without prejudice and with my true name. I then filed a witness affidavit, by me the real man, who has first hand knowledge of the facts between the stawman and the credit card company as well as the lawyer. I also stated that the affidavit would stand as Truth if not rebutted in thirty days point for point. The lawyer filed a motion for a summary judgment and I motioned for a dismissal since they did not enter a valid claim nor had they rebutted the affidavit.
It has been over forty-five days since my last filing and that was the last thing put into the case. What I am wondering is, should I be doing something in order to finish this thing off? Have I won? I have a feeling the file will just disappear, but that will not give me anything to send to the credit report companies in order to correct my status. I think the strongest things I did was to get it into admiralty/UCC and show that they dishonored their own offer by not completing the Certificate of Compliance and the Verified Bill Statement, which according to the UCC, it discharged my obligation. The other was to tear apart their affidavit and put in one for the strawman by me, the only one with first hand knowledge of the facts. Any ideas or help would be appreciated.
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