Defending your UCC FS in court.

I am curious how you would go about defending your UCC FS in court.& If I go in and say that I have a superior claim to my garnished property based on my filing and ask if somebody can show me a superiour claim then mine, I imagine that the judge will tell me that this is frivilous.& Then I would ask him to prove why, and him being the judge would say some legal thing that I will probably not understand and around and around we would go.


So, since I have to do this soon, I am wondering what I can do.& I am chickening out.& When I presented my statement at the last hearing the judge acted like she didn't know what it was and sent me to a higher court.& The judge that I have to go in front of now will give me no room to not know exactly what I am doing.& People in our county refer to him as a "hanging judge" because he is so hard on the people in his court room.


Also, the thieves that are garnishing our wages, tried to levy our bank account last week.& It would seem to me that if they are takint the maximum allowable by law out of the paycheck then they wouldn't be allowed to levy our bank account as well.& Does anybody know more about this.


What really gets me is that the default judgment that they received in order to do all of this to us was not only done unlawfully but extremely unethically.& If I was a debt collector attorney I would be very ashamed of myself.


Oh, and another thing, I really need to know where the code is saying that evidence can not be purchased.& I have searched for it but I can't find it.& I know that our account was purchased by the debt collection agency, I would like to bring up that at some point.


Thanks


Sara-Jane

[Jerseee]

Sara Jane,

Get with OT to create a trust for you. he has mentioned to me before that putting all of your accounts under a trust will stop those plunderers.

Fortunately, I have not had to defend my UCC FS in court (not yet--I feel it coming though). But one thing I do know is that I will only use it as a means of questioning jurisdiction and proof that I am operating in commerce and that is the business name so, I am there doing business as--not a defendant. Secured party with a interest in the debtor since it owes me.

Just my thoughts not legal advice

Sara-Jane,


Regarding your garnishment of wages and attempt to levy on your account, I no of no law that prevents this from occurring.& I believe they are within their legal remedies to do both and attempt to levy as often as they wish.& However, you are also free to close your account and create new ones as often as you wish also, and the cat and mouse game can go on and on and on...Every state has different laws, especially when it comes to creation and enforcement of liens, and my knowledge is based on CA law.


You may also want to look into opening up a new account with yourself as the primary creditor and secured party&by way of&your FS. There is a document on TSN on "How to protect your account from levy" there. This way you can still use the funds as you wish and not be limited as you&might with a trust.


Hope this helps.


-Squirrels

Jerseee,


I have a trust with OT.& Thanks for the thought.& Also, I did not want to present my UCC FS as my "defense" but as it is an exemption hearing I can't present the ulawful way that the debt collector went about getting the judgement.& I tried it last time and the judge told me that it had nothing to do with exemption of wages from garnishment.& That is why I used my UCC FS as evidence.


Squirrels,


Notice in my post that I said that they 'tried' to levy my bank account.& They were unsuccessful because I have closed that account and moved on.& I have an EIN # that I am thinking about using because then they can't get into my account.


Thanks,


Sara-Jane

[Jerseee]

Sounds like you have it under control!& ;-)

[rushpat]

Originally Posted by Jerseee

Sara Jane,

Get with OT to create a trust for you. he has mentioned to me before that putting all of your accounts under a trust will stop those plunderers.

Sometime last year, someone was trying to sell me a (very expensive) pure trust/common law trust, that didn't have any tax id's.

Is this what you are referring to, or are you speaking of a standard, statutory trust?

[Jerseee]

rushpat,


I cannot confirm or deny that your offer for a trust was from OT since I do not have first hand knowledge.& but, i can say that OT has mentioned that to me months ago on TSN.& that is where I got my information from.& Hope that helps.

Originally Posted by Montana

I am curious how you would go about defending your UCC FS in court.& If I go in and say that I have a superior claim to my garnished property based on my filing and ask if somebody can show me a superiour claim then mine, I imagine that the judge will tell me that this is frivilous.& Then I would ask him to prove why, and him being the judge would say some legal thing that I will probably not understand and around and around we would go.


<FONT size=3>Do you have a security agreement filed with FS?& If not, is the Security Agreement reference in Box 4 of your FS (ie., does it say, "See Security Agreement Attached) ?If your security agreement does not have an indemnity bond clause between the secured party and&the strawman, then your FS is&null and void, ie. ,& the FS&is just a piece of paper. There must be an&indemnity bond clause&in the security agreement.& </FONT>


<FONT size=3>It sounds like you don't have a security agreement. Or&if you&do, it has no&indemnity bond clause in it. </FONT>

[Jerseee]

hmmmm, good point.& that may call for an examination of&one's UCC FS.

Jerseee,


I need to clarify my above statement about my trust with OT.& I do have a trust, I have yet to put my accounts into it.& I have contacted him regarding this and I appreciate the suggestion.


rushpat,


Judging by the information in your post, I really doubt if it was OT.& If you want more information on his trust process I can provide you with his e-mail address.


Tora,


Please expand on the indemnification bond.& It is interesting because it is the second time today that somebody has mentioned it to me.


Thanks everybody,


Sara-Jane