Let's have a little fun

iamfreeru2 · #1 07-20-2005, 07:04 PM

Hello all,

Sorry I am not around much at the moment, but have my own day in court coming up where I hope to have some fun. The other day my legal fiction (strawman) received a summons in a suit that was filed by the Bank. The defendant will not be responding, but the real flesh and blood man will be filing a counter claim and motion for summary judgment as a interested and injured party. The flesh and blood man tendered his exemption for discharge of the alleged debt and the Bank did not respond or rebut the tender. The doctrine of estoppel will be used in the counter claim and motion for summary judgment. NOT the merits of whether the tender was valid or not. It will be based strictly on procedure.

If on the off chance the flesh and blood loses the counter claim and motion for summary judgment, it won't matter. I as the flesh and blood man have nothing that can be taken. This court action is a waste of time and is costing no one but the Bank. It's fun when you are judgment proof and can have fun in the process.

kry · #2 07-20-2005, 07:07 PM

I hope it goes well for you, iamfreeru2. I'm sure you'll keep us posted as to how this procedure develops. Thanks.

charlesa6 · #3 07-20-2005, 07:36 PM

Keep us posted,Iamfreeru2.

iamfreeru2 · #4 07-20-2005, 07:43 PM

I will be keeping all posted as to what takes place. The main point is even if I lose I win. A judgment is only good if it can be enforced. When your home is your homestead, if a judgment of this type is rendered it cannot attach and therefore is useless against our home. When there no bank account and no JOB or wages that can be garnished, it stands to reason any judgment would be impossible to collect on. The fact also remains that the alleged debt was discharged. End of story.

charlesa6 · #5 07-20-2005, 07:57 PM

Quote:

Originally Posted by iamfreeru2

I will be keeping all posted as to what takes place. The main point is even if I lose I win. A judgment is only good if it can be enforced. When your home is your homestead, if a judgment of this type is rendered it cannot attach and therefore is useless against our home. When there no bank account and no JOB or wages that can be garnished, it stands to reason any judgment would be impossible to collect on. The fact also remains that the alleged debt was discharged. End of story.

It seems like you get everything under control. I like positive attitude. They are the looser after all.

masterduke · #6 07-20-2005, 08:56 PM

Hope the "tender" didn't include any "payments" whether real or imagined
BoE's,CPN's, Etc. If it did, that could be an Achiles heel to your judgement proofing. A couple in Mich, fighting to get their mortage discharged, were
winning, and in a subsiquient battle with credit card debt, where they had used BoE's they
were aproached by a "assitant u.s. district attorney" and told that if they did not "lose" their mortage dismissal case then the feds would go after them for falsley using the BoE's and that these would be felony complaints. So be careful and may you be sucessful in your battle.

Livefire · #7 07-20-2005, 09:59 PM

master duke, can you provide a case cite or further reference????

iamfreeru2 · #8 07-21-2005, 06:01 AM

Quote:

Originally Posted by masterduke

Hope the "tender" didn't include any "payments" whether real or imagined
BoE's,CPN's, Etc. If it did, that could be an Achiles heel to your judgement proofing. A couple in Mich, fighting to get their mortage discharged, were
winning, and in a subsiquient battle with credit card debt, where they had used BoE's they
were aproached by a "assitant u.s. district attorney" and told that if they did not "lose" their mortage dismissal case then the feds would go after them for falsley using the BoE's and that these would be felony complaints. So be careful and may you be sucessful in your battle.

This I have to answer. When a BoE is used properly I have seen no one arrested for a felony or any other reason. I have used a BoE on our mortgage and for alleged cedit card debt and not once have we ended up in jail as a result. I did get threatened that it would be turned over to the DA when we used the BoE for the mortgage, which is a States Attorney here and the threat never materialized. Idle threats mean nothing. I am sure you made your statement out of concern, but do your homework first and then make statements like the one you made above if you can back up with verifiable proof. I have many posts on this forum regarding the use of BoEs if you would like to search for them.

wirlwind · #9 07-21-2005, 07:26 AM

Good luck Iamfree. My thoughts and prayers are with you.

theghost · #10 07-21-2005, 11:14 AM

Quote:

Originally Posted by iamfreeru2

I will be keeping all posted as to what takes place. The main point is even if I lose I win. A judgment is only good if it can be enforced. When your home is your homestead, if a judgment of this type is rendered it cannot attach and therefore is useless against our home. When there no bank account and no JOB or wages that can be garnished, it stands to reason any judgment would be impossible to collect on. The fact also remains that the alleged debt was discharged. End of story.

Iamfreeru2, can you elaborate on what you meant by your home being your homestead, and therefore not being attachable?