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Slow legal system

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Well, when I first became aware that I had a debt for Discover Bank (card) was back in April 2002 when I was presented with a summons to appear in small claims court. I went to “pre-trial” and told the judge it was not my debt and that I had never even seen a Discover Card. So, I met with a mediator and a “stand-in” lawyer representing the CA down in south Florida who was too cheap to show up himself. As a result at mediation I hired a lawyer and began the process of defending myself and to file counter suit against the CA and Discover Bank in a higher court.

Now, all that took place last year and my lawyer ragged them for discovery, interrogatories, and deposed several witnesses – who never showed up. About 6 months into this nightmare Discover sent me a couple pounds of copies of statements of cash transaction sand charges that couldn’t possible be mine and with the wrong address on each and every one of them. Then they sent me a copy of an application for a pre-approved Discover Card that had my wife’s and my vital information and sighed by someone who could not even closely forge our signatures. Also, later I found out that the post date one the application was mailed during April 1995 when my wife and I were on a month long vacation 3,000 miles away in San Diego! Needless to say the person taking care of our cats and house got to us and had a great time with a bogus credit card in my name from June through September 1995. All activity ceased that that time and we knew nothing about any of it until April 2002! My first thought was identity theft so I filed a complaint with the county sheriff’s depot and my lawyer began the process.

So, in the mean time the courthouse has undergone renovation and we have a new small claims judge and my case was removed from the court docket, no activity appears to have occurred since last year. The last activity was the defendant interrogatories were to the court and it appears to be the last filing. I wait. The only reason I am concerned is that I am anxious to take the CA and Discover Bank to higher court and share in the $1,000,000 I will ask for them defaming my character and for damages.

Hum, I wonder what all that legal mumbo-jumbo means? Why does it take forever to see justice?

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Well, I signed and had notarized a affidavit of "fraudulent credit application" with my lawyer today. She, was a he, will initiate a counter suit against the CA/OC in a higher court. I have been trying to tell Discover Bank and their lackey lawyer that the phony account they allege I had and owe them several thousand bucks is not mine – but a case of stolen identity. We suspect a person in our old neighborhood, but will never prove it.

These people just don’t read straight talk or something. So, my lawyer looked at the credit application and could plainly see the signatures on it were not even close to ours, plus weird spelling, and that my mother’s maiden name was spelled wrong. Then I produced records to prove that I was no where near some places where motel charges we made, etc., and other charges were out of line. Well, let’s see what this CA/OC think when they are served with a million dollar suit.

Turkeys work in those places!

[Edit by jeffbeish on Wednesday, February 19, 2003 @ 02:19 PM]

[Edit by jeffbeish on Wednesday, February 19, 2003 @ 02:20 PM]

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Big civil suits will take about 180 days to just get off the ground. Just a result of cause n' effect I'm afraid. Everyone's suing everyone for everything.

Cheers!

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<blockquote>Originally posted by IronMan

Big civil suits will take about 180 days to just get off the ground. Just a result of cause n' effect I'm afraid. Everyone's suing everyone for everything.

Cheers!

</blockquote>

I hate all this suing business. Seems like that's the American away now. Some people have the patience and money to get going with it, but mine ran out. I am thinking of suing Sears just to recover records, but I’ll need a lawyer and mine is cheap at $175 an hour. Anyway, in my case it is an obvious case of fraudulent use of my name and SSN. I wrote to the CA and told them each step I took to report this and for them to allow me to file for a fraudulent application, but I had to hire a lawyer just to get the documents to the bogus account. It cost me but now it principle working, my honor and now they will pay. Some of them force you to get rough and I will never stop until I am paid many times over, like a snapping turtle I am – remember the old tale that they will not let go until they hear thunder? Well, I will not get off their backs until hell freezes over!

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I Hear That!:urgh:

In your suit you should be able to recover those costs. Need to find atty that works on contingency basis if your case is strong.

Cheers!

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<blockquote>Originally posted by IronMan

I Hear That!:urgh:

In your suit you should be able to recover those costs. Need to find atty that works on contingency basis if your case is strong.

Cheers!

</blockquote>

My lawyer now is in the process and does contingency work for these cases. My lawyer sees a lot of this stuff where I live because of so many retirees here. It seems that when a person retires the rats come out to feed on them. The problem with me case is that the crime against me was so long ago. The fraudulent account was opened sometime in early 1995, used for three months to the tune of nearly $4K, and then several payments were made during 1996. If all that is true then it should have shown up in the several credit checks I had during 1996, 2000, and again when I moved in 2001. I even had my security clearances renewed in mid-2000 and upon reviewing the background check (credit check included) I found not one single negative entry! I do not take that lightly since I worked in a highly sensitive area!

It seems like someone, somehow has really done a number on my wife and me. It was sudden. It involved several CCs that we actually and open or closed and several we had never known about! Scary world out there now days.

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