A Day in Court With Debt Collector Attorney

[KITCHIE]

YYYYYYEEEEEEEEEEEEEEEEEEEE HAAAAAWWWWWWWWWWWW!!!!!

Well I went to District court yesterday to face off with a debt collector attorney who committed a fraud upon the court. The DCA wanted my car and was wanting a Writ of Possession.

I was really running late. I had only 18 days to answer a Complaint, a Motion to Show Cause and an Order to Show Cause. Papers by DCA were filed on March 22, and the order was filed on April 4, and I was served on May 1...Sunday afternoon. I was at Office Depot making copies and putting together my answer my Affidavit and my Motion to Dismiss at 12:30. Court about 5 miles away thru traffic and I am thinking to myself this would really really suck if I lost because I was late!! So I get my papers in order pick up the receipts from all the copies I made wrote on the top one "Kitchie Not Paid Be back later and handed it to the guy who I do business with all the time and said I am late for court is this OK? You trust me to be back right? He said go ahead.

So I race over to the court and decide I am parking as close as I can get shich just happened to be right in front. So I race in to the clerk (it's 1:20 now) and she starts helping me get my papers together. So then she says $102.00 to file. I say I half to run upstairs to the court and I'll be right back. Can I leave my papers right here? She said it's not usual to do that but ok.

So I run upstairs (well really I took the elevator) and when I get to the courtroom there are 10 of my friends. So I put my stuff down and said I have to back and file my papers. The judge was late so I was ok.

So I get my papers filed and they are all set to go and the DCA is somewhere. So I had a few minutes to settle down and have a little water etc and chat with my buds about the DCA. I have his package all together. While I was doing this the Court Clerk went to get my newly filed papers for the judge to read. So court didn't actually start until about 2:15 or so.

The judge comes in and she is smiling and acknowledges me and smiles and then she tells the DCA he may begin.

He starts talking about he just received my papers and he sees stuff like this all the time and what she did was download this stuff from a patriot cite. He talks about how "the industry" and how burdensome these kinds of things are and they really don't have any effect and the industry is having to deal with more of these all the time etc. Then he says that I am about $2,000 or so behind in my payments and they want the car etc.

So now it's my turn and I tell the judge that the debt was in dispute with Household and I have some letters I have sent to Household that are not part of my paperwork and that the debt was discharged. So after that the judge starts asking me if I have cancelled checks or banks statements etc. and I say no. I discharged the debt and Household then charged it off and then sold it so they are no longer the lien holder. At that point the judge say Swear in Ms snedigar.

Then DCA chimes in and says she has to pay for it you just don't get a free car. And I say your honor I don't even know who Mr. Phillips is representing because it is not Household they sold off the debt to someone else and I have a letter here from an attorney in Arizona who want money for the EXACT same account. I said I don't believe Household is the plaintiff because Mr Phillips here is a member of a corporation who collects debts in court for a company called Global Accredited Credi Corporation and sold an investment package to someone else who is trying to make some money.

DCA strts talking again about how I went to a patriot cite and they are seeing this stuff in the industry more an more all the time and I said I OBJECT. I said I worked really hard on this and I discovered the information that I have sworn to in my affidavit and my exhibits and that I spent lots of hours in the law library. I said mr phillips has not presented a competant fact witness there is no affidavit to support the complaint etc.

The judge says (and all the time she is smiling at me and helping me to understand without being my lawyer.) those thing aren't required in this court. I say your honor NRS 15 and 53 and 97A all say that with your pleading you must have an affidavit. She says this is state court and its different here. And I don't like getting these papers one minute before court starts. She is smiling at me and being friendly. I say you honor Mr. Phillips truncated my time, I had only had 18 days to respond to a dunning letter that Mr. Phillips sent throught the court. The very first line of his complaint says This is an attempt to collect a debt and any information provided will be used for that purpose. Not only that I didn't even get the 20 days allowed to answer the complaint and all because I was severed the summons at about 2pm on sunday afternoon May 1st. And that is a violation of the Fair Debt Collections Practices Act. Then the judge says oh is that right Mr. Phillips? And he satrts whining about how process servers are had to get and they are busy and I did it as soon as I could blah blah blah. So this is a debt collection. I said yes and again I said I have a letter here from an attorney in arizona who is trying to collect on the exact same debt.

Then the judge tells me about a legal center and have I considered a licensed attorney to help in this matter and I say " Oh I would never do that". She just smiled again and said well you know you will be held to the same standards as if you were an licensed attorney and I said your honor in Haines V Kerner the court says that is not the case. She says this is state court.

Then she smiles at me and says Mr Phillips your Motion is denied and the Writ of Possession is denied. I suggest you bring this matter up again later after you have provideMs. Snedigar with the proper notification. So DCA starts whining this is going to take a long time and she's going to have the car and I am going to have to answer this stuff and file more motions and get other attorneys involved and it's going to be 6 months or more and she is going to have the car and how can I server her process servers are expensive and and and and

And the judge says many times to me smiling of course that I should get together with Mr. Phillips and see if we can come to an agreement to settle etc. Then court was adjourned. I looked at my friends looked at DCA turned to pick up my stuff and turned back to see if DCA wanted to talk and he was gone!!

Oh yea it was alll good!!!

Thanks you guys! I appreciate all your posts and input and support that flies around in this cite in great abundance.

Kitchie

[babacar]

Way to go girl (or Ma'am?)!!!
I am proud of you for standing for your rights. What an inspiration for someone like me who is just waking up.
Babacar

[jaylon]

Good job! I am disputing a vehicle with household also. I purchased the card in a different state so I'm not to worried about them taking it. I sent that a nice letter thanking them for going out on a limb and helping the little guy, it really shows how good their company is blah blah blah . . . and I said since the loan application process was so detailed and they wanted to be sure they had the right customer, I said I would like to do the same. So I sent them a debt collector disclosure statement!! They purchased the contract from the dealership, so that makes them a third party debt collector. I'm sure that will try to sue as well, it will make good practice. Good job though, I might need to come to you for some tips on dealing with household.

[KITCHIE]

Hey thanx very much.

jaylon, I don't think you will be dealing with Household. If you get a letter or a summons the first thing I did was find out who these people are. Then I got my credit report to see if Household had sole it then I knew I was ok cuz I did fulfill my obligation with the people I had a contract with.

I'll be happy to share anything I did that would be helpefull to you.

Kitchie

[Jerseee]

Kitchie,

Congrats!

Thank you for trusting in us (the membership) and go tell it on the mountain that anyone can get FREE information to assist them with their fight for personal freedom.

This is not a patriot site. This is an American site where the real sovereigns come to mingle. Next time you hear from that DCA, call him a "Commercial Terrorist".

[jaylon]

My obligation was fulfilled when I signed the note as far as I'm concerned, however I know it will not be that easy. I will keep you posted on my vehicle battle with household. Thanks again

[KITCHIE]

Thanks jeersee!

I believe the next step is to sue the sob in Federal Court. My friend who is a tremendous help with my legal writings, and by the way I used a lot of Richard Cornforth stuff, is going to want to take this guy out. It will most likely take out the two corporations the DCA is tied to as well.

There are some good statements about you are someone not schooled in law however your opponent is schooled in law and is knowledgable at all times. I think that puts a great distinction on the record that this lazy attorney who is schooled made so many mistakes and your not and your paper is really good.

Yea I tell my friends about this cite and a couple of people have been coming here. An American cite with American Views! How much more American can it be?

Kitchie

[sadie]

Way to go Kitchie!!! Congrats.

[J.W.]

Congrats Kitchie!

I heard your case was the same day as Mike T. who also crushed the opposition attorney based upon the Notice of Removal to Federal Court we filed. Apparently it took all the wind out of their sails. Mike said the attorney was so po'd that she snarled at the baliff.

Congrats again,

J

[KITCHIE]

Thanks Sadie and Jason

One thing that is kind of funny That DCA NEVER objected to anything I said! I said he was working for some other corporation and Household wasn't his client and he just sat there. Now this is my FIRST time for something of this nature...

This whole thing was a big test from the time I decided to get the automobile to court if that were the case. The test was to see if everything they are saying about redemption will hold up under their laws.

Jason, Mike T. gave me his copy of the Motin for Removal to Federal. It is REALLY good. Looks like I'll be a removal of my own to get this DCA and the 3 corporations he is working for.

Thanks again everyone. The support and "conversations" are the bomb!!

Kitchie
Kitchie