Darin

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About Darin

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  1. The mystery lies in why the account is sold, (pennies on the dollar) in the first place. Economically it makes no sense. Surely they have lawyers on retainer if not on payroll. They have right of action or do they? Being the superior party in a Unilateral contract do they have right of suit? Or is it that the agreement is a fraud from the start. It has been settled beyond controversy, by superior courts, that a National Bank , under federal law, being limited in its power and capacity, cannot lend its credit by guaranteeing the debt of another. Right of action comes from agreement with
  2. I apologize for the multiple threads, some forums specifically ask for a new thread with each new query. By Gold Fringe I'm assuming you are referring to what some claim is a flag of Admiralty jurisdiction. From my experience there are a lot of things judges don't like, especially when one exercises their right to self represent. In asnswer to your question; My query stems from a frustrating search for what a credit card agreement is classified as. It is obviously an instrument, but does not meet the requisites of a security, promissory note, letter of credit, bill of exchange. Deb
  3. The agreement is a non negotiable instrument correct? As such it is not transferable or assignable, correct? Thus it can't be sold, correct? If it can be sold does the instrument need to be perfected for right of action? If sold and not perfected then the debtor has no protection from double liability, correct?
  4. Unfortunately not, just hoping to turn a technicality against them. Thank you
  5. That's the thing, the documents which they have not provided are under 24.115. Documents they should supply regardless of ... in my opinion. That's why I asked. I mean it's all about the specific wording and their meaning as defined from a law dictionary. What's not specifically included is excluded. "All" means "All" to me, of course what I think doesn't.... Thanks for answering.
  6. Once disputed is there obligation to dispute a second time? Debt buyer used two collection agencies. The first one I disputed in timely manner, they responded with a letter of acknowledgment, never to be heard from again. The second agency I was three days late in disputing. Debt buyer filed suit under Account stated, claiming I did not dispute. Once disputed can they even claim account stated?
  7. Twofold question. Under ORS 646.639(2)(t) it says "...all of the documents listed in subsection (4)(b)", which says "...records that satisfy the requirements of ORS 40.460 (Rule 803.) (6) or ORS 24.115 (Filing of foreign judgement), if the record is a foreign judgement, ..." 1st question being; Can I demand all of the documents listed under both ORS 40.460 and 24.115? (2)(t) does say all! 2nd; What is a foreign judgement?
  8. Thank you for the response. So I got this straight. I could fill out a complaint accusing you of causing me injury, file it creating the action (suit) then summons you against your will (demanding performance), your compliance is forced by threat of judicial penalty (default judgment), on mere hearsay? And there is no coercion? So the in personam jurisdiction required for summoning does not require sworn affidavit? And the court decides there is subject matter jurisdiction on the same hearsay? That is messed up. Does not Due Process rights include the leagal procedures that force you into
  9. I have researched ORS & procedures to no avail. Is my logic sound? A complaint must be affirmed by affidavit of truth? If not it is mere allegation & hearsay. Without a sworn complaint 'in personom' jurisdiction is not attained? A Summons without a sworn complaint is coercion and violates Due Process rights?