Motion for summary in State of Texas

Hello Forum,

I need a state of Texas Guru. I am trying to prepare a motion for summary judgment against AT & T Universal Card/Citibank N.A. This is the issue. The lawsuit was filed in Texas against me for failing to pay my credit card debt. I recently moved to Texas from Georgia. I sent in a good faith payment in Feburary 2005, I have not heard from the CCC but from an attorney's office. In the lawsuit, the debt was verified by an attorney mangement spe******t. I know an attorney cannot verify a debt. I contacted an attorney-- I know MISTAKE. Well he did tell me about Request for Production under Texas Rule and Civil Procedures Rule 196. to request the original credit application with original signature. I need help with subject matter jurdication. The lawsuit stipulates: Venue is proper in this court becuase this is where the contract was signed, where the Defendant resides, or the events giving rise to Plantiff's claims occured. TEX. CIV. PRAC. & REM. Code 15.002 (a), 15.035 (b). This court has jurisdiction and venue over this claim pursuant to TEX. CIV,. PRAC & REM. CODE 15.092(a) and 15.099 becuase it arises out of a contract to performed in this county. I am currently researching TEXAS state laws and if anyone can point me in the right direction I appreciate. I know I am going to need Texas statutes in my motion for summary judgement based on lack of jurisdication and that do not possess the original credit card application. Not seeking any legal advice.

fastej34

[weishaupt1776]

Anything dealing w/ FRNS is FED. State Ct is improper venue

I believe that the Nat'l Bnking Act can be used.

Go to the Law Lib ask for the Fed Forms Book.

Do a petition for removal to US Dist Ct. then have an MtD ready.

Originally Posted by weishaupt1776

Anything dealing w/ FRNS is FED. State Ct is improper venue

I believe that the Nat'l Bnking Act can be used.

Go to the Law Lib ask for the Fed Forms Book.

Do a petition for removal to US Dist Ct. then have an MtD ready.

Geoff:

Please give authority on "FRNS is FED";
also link to Nat'l Bnking Act;

Thank You.

[iamfreeru2]

Money is always a federal issue and comes under Title 31 USC. The States do not coin or issue "money," the feds do. This is why the venue is incorrect and needs to be removed to the federal courts. Weis is correct and I would go to the law library and search it out.

Not debating the issue Mike, just wanted to know a quick reference.. but I suppose I can look as quickly as others can.. Thanks for the confirmation though.

Jerry.

[iamfreeru2]

Jerry start here TITLE 31 > SUBTITLE IV > CHAPTER 51 > SUBCHAPTER II - GENERAL AUTHORITY. This is where you will find the authority to coin and issue "money."

http://straylight.law.cornell.edu/us..._51_20_II.html

[Jerseee]

faste,

Welcome to the Forum. First I must say--NEVER ARGUE. the veterans of this site know this about me. Never argue--when you argue, protest, deny, or respond in a certain way...you are unwittingly testifying against yourself.

Ask the tough questions to them and make them prove their claim. In the meantime How about this:


§ 83. Loans by bank on its own stock


Release date: 2004-03-18

(a) General prohibition
No national bank shall make any loan or discount on the security of the shares of its own capital stock. (so what did they lend you if they are prohibited from doing this?)

(b) Exclusion
For purposes of this section, a national bank shall not be deemed to be making a loan or discount on the security of the shares of its own capital stock if it acquires the stock to prevent loss upon a debt previously contracted for in good faith. (well this should make you think--and look at the date up above that this was updated! 2004?, Hhhhmmmmm)


http://straylight.law.cornell.edu/us...3----000-.html


You can find more here:

http://straylight.law.cornell.edu/us...1_12_10_2.html

have fun using their own words against them.

Hello Forum,

I have read the posts. Thanks for the info. I will go to the law library tomorrow and research the federal forms book. So are you basically saying filing the summary judgment is not needed at this point? Only asking...

Also, Please tell me what is the abbreviation "FRNS"

Also, I went and looked at the authority to coin and issue "money."

Is this the information listed below what you all were referring to?
Title 31, Subtitle IV, Subchapter II
§ 5118. Gold clauses and consent to sue


Release date: 2004-10-27

(a) In this section—
(1) “gold clause” means a provision in or related to an obligation alleging to give the obligee a right to require payment in—
(A) gold;
(B) a particular United States coin or currency; or
(C) United States money measured in gold or a particular United States coin or currency.
(2) “public debt obligation” means a domestic obligation issued or guaranteed by the United States Government to repay money or interest.

Not asking for any legal advice

fastej34

[weishaupt1776]

FederalReserveNoteS

Originally Posted by fastej34

Hello Forum,

I need a state of Texas Guru. I am trying to prepare a motion for summary judgment against AT & T Universal Card/Citibank N.A. This is the issue. The lawsuit was filed in Texas against me for failing to pay my credit card debt. I recently moved to Texas from Georgia. I sent in a good faith payment in Feburary 2005, I have not heard from the CCC but from an attorney's office. In the lawsuit, the debt was verified by an attorney mangement spe******t. I know an attorney cannot verify a debt. I contacted an attorney-- I know MISTAKE. Well he did tell me about Request for Production under Texas Rule and Civil Procedures Rule 196. to request the original credit application with original signature. I need help with subject matter jurdication. The lawsuit stipulates: Venue is proper in this court becuase this is where the contract was signed, where the Defendant resides, or the events giving rise to Plantiff's claims occured. TEX. CIV. PRAC. & REM. Code 15.002 (a), 15.035 (b). This court has jurisdiction and venue over this claim pursuant to TEX. CIV,. PRAC & REM. CODE 15.092(a) and 15.099 becuase it arises out of a contract to performed in this county. I am currently researching TEXAS state laws and if anyone can point me in the right direction I appreciate. I know I am going to need Texas statutes in my motion for summary judgement based on lack of jurisdication and that do not possess the original credit card application. Not seeking any legal advice.

fastej34

TRY THIS SITE:http://www.capitol.state.tx.us/statutes/index.htm