OCTOBER UPDATE;Credit Card in Court

[seeker]

I have my CD and want to be able to go into court and ask for a dismissal (and summary judgement) against the credit cards in question.Â* (Two cases, one right after another, for the judge's and attorney's convenience, I'm sure).Â* Any one know of successful court cases presenting the CD as proof of their dishonor?Â* Especially in Illinois?Â*I want to sound like I have brains and knowledge and sovereign power!Â* Â*I have the Supreme Court<FONT size=1>WatsonVTarpley59US517.Â* </FONT>



<FONT size=1></FONT>Â*



<FONT size=1>Thanks! </FONT>



<FONT size=1></FONT>Â*



<FONT size=1>Pat</FONT>

[Ice]

Don't make this more complicated then it is... look at the Cornforth videos and books.& Motion to dismiss.& Keep it simple.


&

[wirlwind]

I'm having similar problems.& I sent out a letter to an attorney that has been bugging me for since last fall about a revolving account that I had- Not CC, but an open line of credit accessed via checks.& It wasn't attached to an equity line- it was unsecured. About one month ago I sent a letter of discovery, and yesterday (1 day befoer the 30 days was up) I got the answer back.& The letter of discovery was sent in an affidavit form, and was filed at the courthouse.& They responded back with general mail delivery (not even certified) and most of the questions in the discovery they objected to answering- most of the time because they said the question was vague, or they were protecting their clients rights etc.& They answered nothing essentially except their name and address, and onwe of the questions asked if they had purchased the account from the original creditor and they answered no.& (I've since learned that they probably bought it at an auction type of procedure.)& At any rate- they were supposed to swear under penalty of perjury that all the answers were true and correct and have it signed by a notary.& They didn't.& It was just signed by the lawyer.& They sent 3 interrogatories for me and my husband and they are wanting all of our banking information for the last 5 years; tax returns for the last 10 years; copies of all loan applications for the last 5 years; internet sites that we have visited to help prepare this case; all of our stocks and bonds and securities, retiremment accounts for the last 5 years; all the tims that we have been sued or been deposed in the last 5 years; our job histories for the last 10 years, and our first born son!.& Who do these sewer- sucking *******s think they are?& I have never been so mad in my life.& To my knowledge there isn't a court date set yet.& I want to nail these leeches' bad. I hate them.& I would trust a drug cartel before I would ever trust the judicial system in this country.& Drug pushers are scum and we know it.& These *******s try to pass themselves off as law abiding, upstanding citizens, and they wreck as many lives- probably more if the truth was known- as drug pushers do.& I want to try and get the case dismissed.& I sent the first letter to the credit company on 4//2/01 telling them that I had discovered that there had not been full disclosure when the loan agreement was signed.& Of course I never heard anything back until we had missed a couple of payments.& It has been written off by the company ( I have that on credit reports) and one CRA has deleted it from the report.& I wrote this lawyer back in the fall requesting validation, and never heard anything again until the end of March or beginning of April..&It ws then that I sent the letter of discovery which had to be filed with the courthouse as well as how I pled.& They have responded back with an uncertified answer to my letter of discovery, and these 3 interrogatories that they have sent.& I have a dismissal request in some of Richard Cornforth's stuff.& Do you just go to the courthouse and tell them that you want to file it with your evidence?& I don't have sound capabilities on my computer at work, and I still don't have my home computer working, so i can't watch a video.& I'm just not sure where to start with it.&


Thanks,


Donna

[seeker]

Ice;


&


My intentions, exactly.& However, my cousin the attorney (yeah, I kow!) says the particular judge we will be going in front of (doesn't that phrase frost ya?) is going to ask for ILLINOIS case law to support our motion.& He is one of the good ole' boys network with the opposing attorney (who, by the way has yet to notice us of collection of debt OR sign ANY thing related to this case! hmm?)&


So, my thought was, go in with the motion to dismiss, but have the cannons loaded if we need to fire on the enemy.& I also want to nail this attorney (read "debt collector") for a false judgement that has since been vacated (by said judge) and for violation of the FDCPA (I never get those right).


&


Thanks for any shared thoughts.& Much appreciated!&


Seeker

if it were me, and i think jerseee may support me here, i would:


1.& send a VoD.


2.& send w/ VoD a good faith tender of payment in accordance with public policy and negotiable instrument law.


3.& don't argue.& interrogatories, discovery, etc., are all "things" used in the process of legal argument - a losing proposition.


jon

[seeker]

Why woud you send a negotiable instrument to the bill collector?& You made no contract with them.& The ignore requests for validation, so why are you tendering any payment?& Wouldn't it be better to just do a simple VoD, and wait for them to do so.& If they do not, I think you can still do a Certificate of Default.& If they pursue the issue, you can then enter the CD in your court file (with your court case #&noted)&as evidence of prior judicial ruing through the notary in his/her official offer of the court status.& This should prove that you have followed the procedure as outlined in the FDCPA and that you gave the bill collector three chances to remedy, which they chose to dishonor.& A judicial review could be had if to prove the procedure was correct in it's execution.


Do I have that right, Ice?& Jerseee?


No argument.& No disagreement.& No dispute.& Just a simple request to validate that was dishonored and documented as such.

[Ice]

Yes, stick with request for verification.& Don't get off of that issue.


But remember, the attorney will not be entering any "facts on the record".& That's one of the reasons that you motion to dismiss.


Ice

Seeker:


"Illinois case law"


http://www.clr.org/smj.html


&


Happy Trails...


&

[seeker]

Wargames:


&


Thanks so much!!!& I especially love the very end when it details the judge overstepping his jurisdiction.& You see, he entered a judgement that he knew he had no jurisdiction to issue, with the collaboration of the prosecuting attorney.& They turned around and voided the judgement, but according to this piece, I think I am going to have some FUN!!!!&


Thanks again,


Seeker

seeker,


the reasons you send the tender are:


1)& show of good faith.& means you intend to pay a valid, verifiable debt;


2)& you've settled the debt.& period.regardless of whatever "they" choose to do.


kinda like a one-two punch.


jon