HelpInTexas

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About HelpInTexas

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  • Birthday 04/04/1967

core_pfieldgroups_99

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    Texas
  1. Hey Everyone, Well, that didn't go so well. With pretty much every avenue closed to me with an OC case, my only chance was to attack the affidavit. I only received the Discovery packet from Plaintiff on August 20th for a trial date of August 30. Not much time to prepare, but I took a shot anyway. My head is reeling right now. I can post more details later, but I wanted to post a few links to the paperwork I submitted to the court. I wrote the motion as a verbal defense from 4 to 8 am this morning after compiling my research on Monday thru Wednesday. When I realized that I might have to
  2. I was attempting to see if we could embed pdf documents from Scribd on this board. Didnt' work so I linked to them in a new thread... See new thread here. This thread is closed. Hey Everyone, Well, that didn't go so well. With pretty much every avenue closed to me with an OC case, my only chance was to attack the affidavit. I only received the Discovery packet from Plaintiff on August 20th for a trial date of August 30. Not much time to prepare, but I took a shot anyway. My head is reeling right now. I can post more details later, but I wanted to post a few links to the paperwork I submi
  3. OK, I've called the clerk and there is no MSJ on my case, so I can't file a Motion in Opposition to Summary Judgment. I have to go through trial which is something I was NOT expecting to have to do. I've been under the assumption all along that this was all done through paperwork. Suffice to say, I'm a little nervous now. I'm guessing my only option is to try and get the Plaintiff or judge to allow a continuance (too late to file a motion) and give myself a little more time to prepare. Outside of that, I think all I have is to try to file a motion to strike affidavit since this is a trial s
  4. Hey everyone, Well, I've been waiting and waiting and finally received my Discovery packet on Monday, August 20th - or 10 days BEFORE trial. I had to go out of town to work for 3 of the days and the deadline to file a continuance was 3 days prior to trial. On Monday, I was pretty confident I could put all of my paperwork together in time for the trial tomorrow, but I'm not really confident it will be what I want to submit to get the case dismissed. As I said, I had seen NO evidence against me in this case until last Monday when the affidavit was signed on March 5th, or nearly 3 months before
  5. This article might give you some insight about who you're dealing with... Michael J Scott, Bottom Feeders
  6. Read through this entire link. Linda has spelled this process out in full as well as posted a sample Motion to Compel Arbitration at the end.
  7. Thanks to DH, BV80 and racecar for your responses. Not a whole lot of great news with what you posted as it looks like any Texas court will have sufficient proof to find for an OC in a breach of contract case, but thanks of posting all of the case law for reference. It looks like I need to focus on attacking the affidavit to get this case dismissed. On yarnaholic's affidavit from RSIEH (which is the same firm suing me on behalf of Cap 1), the affiant makes very broad, general and vague affirmations such as the following: (questionable statements in bold and my questions follow in italics and
  8. Is there any similarity in cases such as these, or are these two mutually exclusive types of causes of action? My case states Breach of Contract as the cause of action but then defines "account" as the "subject of this lawsuit." Still looking for a defense angle because I'm not quite sure how to attack an affidavit yet. Working on it, but not quite there yet. The affidavit I've seen in yarnaholic's case looks PRETTY vague, and I'm assuming mine will be similar. I still have received nothing from Plaintiff as far as discovery, so I'm not sure what I'm dealing with on their end. I want to be
  9. I sense a great deal of apathy in the last few posts. Their is no true "justice" in this nation any more, or if so, very little. The rich get richer and enslave the masses. This is no longer a free republic, it has pure and simply been turned into a dictatorship of the haves v. the have-nots and it's only getting worse day by day. There is no "democracy" there is only propaganda, perception management and opinion shaping by those in power who control the media, which ultimately forms the false beliefs of the voting public who select our "leaders" based on fabricated lies. With critical th
  10. Point taken. I agree with what you are saying and I know that judges can't legislate from the bench....oh wait, didn't the SCOTUS just do that two weeks ago with Obamacare?! I know that you know what you are talking about. And, I agree that their is no precedent that I have been able to find supporting securitization defense in CC cases, but in theory, like I have said, no one REALLY knows where the actual debt is or can show in any way that they were "injured" when they have insurance and tax incentives to cover losses. They have the game rigged in their favor to WIN no matter what happen
  11. I've seen the judgments of the higher courts and read through the Idaho case legaleagle linked to yesterday. Yes, I understand I have a major uphill battle. I am not naive. I am really delving into the injury aspect of this case now as well as securitization. There are still many experts who claim that no one really knows where the actual account or funds representing it are other than ink printed on paper. It's the nature of the beast and it is destroying the economies of the world. This is the crux of the "Occupy" movement (although I'm not part of it, I understand the frustration of W
  12. I completely understand where you and Coltfan are coming from. I am looking at every angle possible to show they have not been injured, no one really knows where the alleged debt is (this isn't a physical entity like a car) or can show a physical value thereof. It's all just digits in space and ink on paper and like I said, there are $1.4 quadrillion of them out there bringing down the economies of the world by design. Iceland said "screw you" to the bankers who tried to bring them down and they are once again thriving. We need people to stand up to this racket and demand change in this wor
  13. Thank you for your thoughts and support! 5+ years and nearly 14,000 hours of research and writing so far... This is the quote I have printed out and posted over the monitor I am writing the book on: Here's to the crazy ones. The misfits, the rebels, the troublemakers, the round pegs in the square holes. The ones who see things differently -- they're not fond of rules. You can quote them, disagree with them, glorify or vilify them. About the only thing you can't do is ignore them. Because they change things. They push the human race forward. And while some may see them as the crazy ones, we s
  14. How many court cases found that slavery was "legal" in this country before emancipation? The law said that these people were merely "property" and that for representation matters involving the census, counted as only "3/5ths of a person." The entire system is fraudulent and fixed to enslave us all. If no one fights it, it will continue to perpetuate until there are only two classes once again in this world. It's all part of the system designed to trap us. I'm gonna fight it, even if I can't win. I won't appeal, but I will see this through trial and have my say in court as to what I feel a
  15. I plan on making enough on my book to last me the rest of my life. It's a pretty powerful book that people are craving to read at this point in history... Judgments, if any, will be a drop in the bucket some day. I guess I'll just have to test it out in court. In theory, it's more than plausible. Everyone KNOWS the banks are scamming everyone in the world. It as the banks who set up the Federal Reserve and IRS as the collection agency for the debt they were about to enslave this nation with 99 years ago. They are the criminal/predator class of our species and it's about time we begin to