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About IronMan

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    Impressive 100+ postings


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    Waging Credit War
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    Cerritos, CA
  1. If you were not properly noticed and this can be proven, you will get it vacated. You need to attack the notice, or lack thereof....NOW! If you were noticed and you forgot or ignored, it....well.....that's another problem. If they sent the notice by regular US Mail or means to not guarantee delivery, you could attack it that way too. Check your Civ Procedure rules and rules of court, etc. See if notice sent through the regular US mail has to be provided with a means for a return receipt or something of that nature. IF so, you can use that. OTHER THAN THAT.... You would have to show good cause for not appearing in the first place. You could try to use all of the old fashioned acceptable ones: excusable neglect, surprise, mistake, etc. Forgetting or "too busy" or something like that won't do. GOOD LUCK
  3. Sorry, I don't know when you're due in court, but I'm assuming this is passed since you said Wednesday. T'hell with more time or motions to compel, etc. Motion to Dismiss this thing. THE EASIEST.....research it! The best and simpliest one would be a motion to dismiss based on their lack of standing in the court. As assignee (formal name is "assignee of record" typically) they would have to have standing to bring forth the matter in court in the first place. No Standing....No Case. You need to check you local rules of court or Civ Procedure to see if that would apply. If so, the judge will probably take your motion under submission to give them a chance to show their standing either by brief or reappearance (impossible if it's in some sort of statute!)....or dismiss it (with prejudice...hopefully) right there altogether. Judges won't automatically bring up the standing issue unless you raise the issue. That's how it is You don't ask, you don't receive. One judge in a case of mine actually raised the issue himself with the CA's 3rd party atty....that was a fun one....but rare indeed....easy win. OR..... You can probably motion to dismiss based on their lack of evidence and failure to provide discovery. They haven't performed their duty to respond to your discovery requests...meaning the showing of any contracts, checks, etc to show you are responsible. If you're certain, bring a blank piece or two of notepad paper and offer to provide the court with a sample signature right there if the PRICKS can submit a document into evidence which they state has your signature. You can say something like, "In good conscience, your honor, I deny their allegation(s). I do not recollect this alleged debt, nor do I have any records of this debt. PRICKS have not performed their duty to provide proof to me that I actually own this debt. I have asked for (state what evidence you asked for, when, and how many times....and provide proof like return receipts, their letters or lack of responses, etc) and they did not give it to me. I feel that I did my due diligence and made GOOD FAITH attempts to obtain any and all evidence that PRICKS may have had which proves my responsibility to this alleged debt. Therefore, I move that your honor dismiss this case on the grounds of lack of documentary evidence and Plantiff's failure to provide discovery.....or whatever properly summarizes your legal analysis for your motion. NOT AN ATTORNEY....just an experienced litigator whose been in court and won.... GOOD LUCK!
  4. Why not raise reasonable doubt issues in court to throw things back their (The CA/Claimiant's) way. Here's some thoughts that can hopefully help you put some kind of brief or answer together. For validation, you can raise issue that the Claimiant(s) willfully failed to respond to your good faith efforts to validate the debt and have discover the authenticity of their claim. Which is why you ultimately had to resort to utilizing the judicial system for redress. Put this in your brief!!! It'll look like you've reached the last straw when the judge reads it (If he/she does) Their failure to produce any orignal writings(or authentic facsimiles thereof) to validate the alleged debt, infers that they would rather abandon sound business practices in the name of convenience, and forsake the insurance of legal standing by failing to possess, produce or provide the requested documentation and information. Good faith would compel the Claimiant(s) to produce proof in the form(s) requested in your validation letters. Merely producing a computer or electronic printout without any debtor signature cannot reasonably meet the test of proof. Oral representations or mere assumptions that are transferred into computer/electronic data which become debt cannot be relied on. This borders on hearsay, and the contents thereof subject to arbitrary calculation, interpretation and assumption on behalf of the Claimiant(s). Mortgages, Car Loans, and Credit debts have some form of signature on record. They also specify the terms, conditions and indebtness for which one is liable. A question must be raised as to the whether the court will accept an electronically generated document for the sake of commerical convenience or an authentic (either original or copy) document with handwritten signature(s) for the sake of judicial equity and fairness. Hope this helps!
  5. A suggestion for you new applicants for credit cards thesedays. Also to protect your right to due process. Line out any verbiage that relates to you agreeing to arbitration, write the word "no" above the lined out info, and initial the section(s) you modified. You then sign it AND MAKE A COPY, then you send it off. I've done this with three new cards and have gotten them all. That way if you get screwed later, they can't raise the arbitration flag and cause you a headache. If they claim arbitration, you fax them your copy of the agreement. Your agreement is exactly that, an agreement. BOTH PARTIES must agree or the agreement be fair and EQUITABLE for each party invovled. If they don't like it, tough. Don't do business with them. Better to pay cash or use Home Equity Line of Credit instead.
  6. Don't get all sidetracked on the computer printout deal. Focus instead on the underlying issue, PROOF OF YOUR LIABILITY. They say you owe them, they need to prove it by some sort of writing like a contract, agreement, cancelled checks, receipts, etc. Take a gander at Contract Law, Fair Billing Act provisions. Try to get a new perspectives instead of focusing on the FDCPA issue solely. Something in writing that ties you to the ALLEGED debt, a purchase made with credit card number/check#, goods received, non-conforming goods, whatever. If it's a CA, they'd better it or get it from the orig creditor. If you're dealing with the original creditor, they'd better have something like that. That's your proof of indebtness. A computer printout can be generated arbitrarily. Remember, we're talking about validating with an actual, handwritten signature, or something legally tangible that ties you to that debt.
  7. Yes, I'm back!! But as always, I'm pressed for time thesedays. Really, really pressed. Here's something that I thought of about 2 months ago as I am engaging my last CA nemesis to help alleviate least in California. Why I didn't think of it earlier??? Dunno. $0.37 vs $5.00.... California Evidence Code has what are called presumptions. One presumption is that a letter sent through the mail is presumed to have been delivered. I'm sure many other states have this presumption as well. Perhaps it's a common presumption of law? Now, instead of spending $5 to send a letter, I think it's more economical to go to the post office window and PURCHASE the postage from them. Don't use stamps! They'll generate the postage sticker and apply it to your envelopes. You then get a receipt from the postal clerk and you then save that receipt. Ask the clerk if they'd be kind enough to stamp the receipt for you too. Later, when you need to prove that you sent the letter(s), you'll have your proof to show in court. The presumption, coupled with the fact you have postage receipts should satisfy the reasonableness that you did, in fact, send the letter and will strengthen the presumption that the receiver did receive the letter(s). The stamp will go to seal the proof of authenticity as well. That way the authenticity can't be raised at court. I'm not going to argue that Certified w/ return recipt is the way to go for undisputed proof, but at $5 a pop, it's expensive when you have multiples to send off. Maybe spend the $5 for your final demand letter. Fax is even better when you get a confirmation report. Especially those that put some of the image on the report sheet. Just a suggestion for those of you who are finding the costs of traditional CM/RR too burdensome. Cheers!
  8. You should have been served one way or the other. The best way to attack a default judgment is by attacking the service. If you weren't properly served, the judge HAS TO vacate it!! Be careful, you will have to prove that you didn't live there at the time of service or that they served the wrong address.....something of that nature. Good Luck!
  9. Looks like they took the wrong fork in the road. Assault, Battery, Libel, Slander have criminal liabilities associated with them and cannot be heard in any Small Claims court for ruling. Furthermore, any truth to any published statement would create a valid defense to any action for libel. Sounds like the complaint was drafted in error. Michigan has no credit reporting / debt collection laws? Mmmmm. That only means you would probably only be able to seek Federal relief. Lady's right, this has to go to Superior Court.....maybe even to Federal. Either way, the merits of the case will have to be reconsidered for future success. Cheers!
  10. Unless they can provide a copy of the agreement which you signed at the time you began your relationship with the OC to prove they have any entitlement to those fees, tell them to pound sand. That is also why validation is a such a crucial step. Validation would have revealed any entitlement to such "fees" on the original agreement, contract, etc. If no proof of such, then they can't ask for it, nor do you have to pay it. More than likely these idiots won't be able to prove anything. All they're doing is trying to squeeze the $150 to break-even for what they paid for your debt in the first place. Cheers!
  11. You should check to see if Nevada has any "long-arm" statutes that can hold them liable. Their reporting is causing you damage in Nevada, so I would think you're good to go. The only problem would be service. You could always Certify Mail to California!!!
  12. Take heed from the other posts. To answer your question: You file a copy to their lawyer AFTER you've filed with the court. Better to do certified or personal(not by you though) or FAX (make sure to save copy of the transmission report!) with a follow-up telephone call to confirm legibility and that they got the complete document. If you can't afford certified you could do regular mail since Evidence Law presumes that a letter mailed is presumed to have been delivered. However, in Code of Civ Procedure, notice through mail is supposed to be made in a manner that provides for a return receipt. Go figure. Once you serve the opposing party, you must fill out the Proof of Service form and file with the court. Make two copies so you can keep one of them. As far as answer, your answers should be denials to their causes of action stated in the suit or simply a general denial (meaning you deny everything in general). Be prepared to prove-up your denials if the other side is able to meet their burdens of proof for all their causes against you in court. Hopefully, you can just settle before-hand. If have to go, you arrive to court early enough before the doors open, and just call out for "CitiBank" in the lobby. Speak with the atty. and come to an agreement in the lobby. Good Luck!
  13. Do Not Chapter 13!!!!!!!! If this discovery was in fact a surprise, you may be able to file a Motion To Vacate The Default Judgment and hopefully get this thing vacated. What you have to do is show the court that you were not properly served for that original matter. You need to go to courthouse, post-haste, forthrighteously, and get a copy of the court file to see what was done and how service was effected. That's where attacking this judgment starts, attacking the service. That person who told you that it couldn't be corrected unless you pay the $12,000 is full of sheot!!!! Those title / lender jerkoffs don't know anything about credit/collections law or your rights in these instances. Ford could only get the lien if there was judgment granted. Good Luck! [Edit by IronMan on Wednesday, May 14, 2003 @ 12:08 AM]
  14. Rightly so. Actual damages is where the payday is. If you want the big bucks, you go unlimited civil in the superior court. Small Claims commissioners are idiots, in my experienced opinion. You need a real judge to hear the case and make a decision. Don't forget to make your demands for payment first before going to court! Filing an action then sending a final demand letter (including your court cost) along with the court notice, may get a prompt response and settlement. Cheers!
  15. Blender--- TeleCheck, ChexRight, ChexSystems are bound by the FCRA if they generate reports and disclose information to third parties. They are, for all intents and purposes, a credit reporting agency since they make reports on consumers from information provided by their 'subscribers'. Somebody posted that TeleCheck is a debt collector. I've never had to deal with them so I don't know. All I know is that if you have any bad info on their system, your check will get declined. If any of these idiots are acting and making communications like a debt collector, then courts will consider them a debt collector as well. There are tests that the courts have used to determine this. Time to do this stuff in writing and fax your communications. If you decide to telephone it, make notes; type them up in a memorial letter and send it. Let us not forget that continued reporting of derogatory information to a CRA, is "collection activity". Cheers! [Edit by IronMan on Sunday, May 11, 2003 @ 09:34 PM]