Civil Case Filed By Credit Union

[ntellect]

Greetings everyone. Here's another chapter in the fight. I have recently been receiving letters from attorneys claiming they want to represent me in law suite filed by someone against me. The letters never mentioned who the plaintiff is. Well, I found out today from another letter, that it is Delta Employees Credit Union based upon an alleged debt they claim I owe them after I used the exemption process to discharge the debt with a BOE.



Whether it's a bank, credit union, mortgage company, etc, I'm assuming since this all comes down to the same points and this is a law suite in civil court, that I can attack this the same way as the mortgage company.



Also, has anyone heard of a gentleman by the name of Jack Smith who has a tape out on how to get settlement and closure on foreclosure in the courts using the exemption process?



One last note. I was informed that using a notarial protest and having a notary submitt evidence in court on behalf of an individual, the individual then would not have to swear in or testify. Has anyone heard of this?



The fight continues.



Ntellect

[iamfreeru2]

Ntellect,



The tape by Jack Smith was just recently done on his Monday night tapes. The tape is for those that wish to remain in the private and get settlement and closure using their exemption to do so. Let's face it would you rather be in court fighting (Dishonor) or in the private using your exemption for settlement and closure (Honor).



The fact is if you're going to stay in the private and not war you do not want to go into the court to testify on behalf of the Defendant. Once you do that you will be presumed and assumed to be the Defendant. No matter what you say after you swear in you will be considered the Defendant. Ask yourself the question, who is being sworn in, the Defendant or the flesh and blood man?



When you submit a Letter Rogatory to the court and the apposing attorney it is in the private and not in the public. You are requesting that the record be changed and if the records are not changed then you can go into the federal court for remedy under diversity of ctizenship. Remember it is the flesh and blood man that uses the exemption and not the Strawman. These ar two different venues, which brings the diversity issue into play.



iamfreeru2

[gregtu]

ntellect, please read below it may help you...what contract did you sign? Where the terms disclosed?



§ 811. Legal actions by debt collectors [15 USC 1692i]



(a) Any debt collector who brings any legal action on a debt against any consumer shall --



(1) in the case of an action to enforce an interest in real property securing the consumer's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located; or



(2) in the case of an action not described in paragraph (1), bring such action only in the judicial district or similar legal entity --



(A) in which such consumer signed the contract sued upon; or



( in which such consumer resides at the commencement of the action.



(b) Nothing in this title shall be construed to authorize the bringing of legal actions by debt collectors

[ntellect]

Thanks for the information you guys. I swear with the knowledgeable individuals on this site, we can shake up the world or at least wake them the heck up! LOL



Thanks

Ntellect

[Jerseee]

Ntellect,



Please forgive me---I woke up gregtu and now he's gone mad with law and codes!!! he putting everyone on notice and holding them to it.



I tell ya, he's out of control!!! :-p

[ntellect]

Amen to that Jersee! lol Gregtu all the code and law is great but I have no ideal how to put it into a response let alone answer the law suit. Also, the Rogatory letter is so far over my head it's funny in a sad way.



I still have about 10 days to respond to the suit. Are there any docs out there that give an example of how to "answer" a civil "suit on agreement" and still stay in the "private." I've looked through the downloads and didn't see anything.



Are most of you gurus former lawyers or judges? How the heck do you take all this in, remember it and apply it?



Starting to drown with all this information.

Ntellect

[Jerseee]

Ntellect,



Calling folks lawyers and judges is an insult. We are hard working american folks who just want the government to do what it was created to do--nothing more, nothing less.



Not a slam--just letting you know.



Also, just citing the case law or code in the text of your response is notice enough. This puts them on notice and since they are "LAWYERS and JUDGES" they know exactly where to go and read the cited law or code.



You are doing just fine. Keep up the fight!

FYI,



If you intend to use case sites from another state or different venue and jurisdiction, you need to notice the judge in a Petition for Judicial Notice. If you DO NOT notice them, they DO NOT have to take those case sites under advisement.

[ntellect]

Ok, if most court cases are really heard Administratively then what's the point of Judicial Notice? What seperates the two?



Ntellect

[Ice]

Okay folks, once again... get outta that "administrative" frame of mind.



First of all... any judge that screws up "administratively" can be held personally liable for his actions. He doesn't want that to happen. What you do is assist him by changing the court. We have discussed how to do this elsewhere in the forum.



Forget all that administrative stuff... unless you are motioning to dismiss or for more time because you have not exhausted your administrative process/remedy.



Once you get to court Judicial Process has begun. If you keep bringing up the "admin" angle when you are dealing with court you will see more referrals to the download section to find out the consequences of mixing it with judicial process.



I don't want to discuss this point and I don't want to repeat myself. If it doesn't make sense, seem right or you feel you have a better way... then by all means -- ignore me.



Ice