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Judge involved with JDC with Capitol One


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Just went to court where the court called over the PA system to direct me to another court room where I waited for 15 to 20 minutes late. Then I found out the Bailiff is on it too where he says oh, you are suppose to be next door why are you waiting here?

Later, They did allow me in like it was a big disappointment for them that I showed up. I used all the case law that I could find that relates to my case with the FDCPA . I then had to talk to a Mediator that case is going in front of the Judge at a later time where I have a Counter Suit.

The two Judges were involved with this underhanded tactic by the JDC who is a regular at the Courthouse because it is printed on my receipt. This JDC who has a big ball game with this Courthouse in taking many people to sue for all the big Corporations against Consumers. Then they demanded my last four digits of my SSN where I did make a complaint with AG and FTC , and alerted all credit bureaus there is fraud alert on my account due to SSN and now have an ordeal with the corruption at the courthouse.

There is no way that I will get a fair trial on my suit if they are all in it together. I am hiring the expensive Attorney and will fight this all the way to the higher courts. Now, I have to pay for Court Stenographer to record at the trial. Does anyone have any suggestions in a situation like this? Can you Believe it!

How does one get a Judge or Judges removed from the Bench? Including an Attorney firm that sues the Consumers removed from working with the counties? I even asked the FBI to go undercovered and investigate the corruption. It seems it only happens to me that I get so lucky to have this on my adgenda. However, I am ready to fight knowing there should be others like me that are having difficulties with these so called Big Shots that are above the Law! Movie Script anyone?

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I was wondering how to start a Class Action with Capitol One if anyone has a claim in Florida to bring these people to justice! A JDC who is a real attorney only 2 are that own the business check through Florida Bar and the agency is a debt collector and cannot verify the debt except with phoney affidavits. Anyone has any ideals? Complaints are registered with Florida AG and FTC on Deceptive Trade Practices with Professional Services. Any help from someone out here on the forum? I am facing the opposing party so far by myself, but do have an appt next week to hire the expensive attorney to fight this case, and to bring it to a higher court.

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File a complaint with the Judicial Commission. (I have done this and with a complaint pending, they remove themselves from your case because of a potential perceived bias.)

I have been sued in FL. When they DO have proper documents to prove the debt, mediating with the atty is your opportunity to negotiate a payment/payment plan in exchange for dismissal. In my case, they had everything they needed so we arranged for the payments for dismissal. I paid, they dismissed. End of it. :mrgreen:

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File a complaint with the Judicial Commission. (I have done this and with a complaint pending, they remove themselves from your case because of a potential perceived bias.)

I have been sued in FL. When they DO have proper documents to prove the debt, mediating with the atty is your opportunity to negotiate a payment/payment plan in exchange for dismissal. In my case, they had everything they needed so we arranged for the payments for dismissal. I paid, they dismissed. End of it. :mrgreen:

Did you negotiate in court??? Were the payments high? Usually they want to set up payments that are so high, you can't afford the payback. My CA has proof BUT, when my step daughter lived with me, she fraudulently set up the account in my name, hid the statements and paid only 2 or 3 monthly statements. The CA has the application as proof with my faked signature. The last numeral of my SSN is wrong. I guess my step daughter didn't get it right, but she got the credit anyway. WHAT A MESS!

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No proof because I been asking to see a signed agreement all along then they pulled a stunt to get to be a No Show???? I say they have some issues wouldn't you agree? It was their affidavit was invalid due to date validation compare to oc at credit bureau.It was a phony verification and against FDCPA for anyone to be viewing your personal records.. I'll Just keep adding people along with the violations when it is time to go.

A relative of mine had the same thing where she was there at court but they sent her to the wrong courtroom then the bailiff had the volunteer info that is suppose to be kept on desk for people to look what courtroom. It should't of been in Bailiffs hand and on desk instead. Something very fishy going on behind the scenes where the County is making big scape goats out of allot of innocent people plus racking up court fees along with people paying. The local Sheriff dept is on strike and the bailiffs in my mind are making out for doing all the dirty work. Maybe, they are trying to pin it on a Judge too. Not sure but there is corruption and it is not for the people either. I am sending a Letter going to the big shots in Talahassee. Thanks for tibits very much appreciated.:)++

I bet alot of people would sign up for Capitol One class action lawsuit if interested? How to start one when I see the NACA Attorney will let you know next week. He is very expensive to hire for a lawsuit. Perhaps, this is history in the making. Any other suggestions are appreciated if anyone else has input. xdancex

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It has happen to another family member where they succeeded with the judgment that is why.

A mistake, I don't think so. There was no reason for it at all. I just had so much case law with the FDCPA and their affidavit I proved it being invalid completely after it was all over on my receipt said judgement order and crossed out. I was almost 20 miniutes late for this session as I have a counter claim.

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#8 Today, 09:47 PM

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So why do you think this is some vast conspiracy and not just a mistake (potentially on your part)?

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#9 Today, 09:56 PM

sunshine46

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It has happen to another family member where they succeeded with the judgment that is why.

A mistake, I don't think so. There was no reason for it at all. I just had so much case law with the FDCPA and their affidavit I proved it being invalid completely after it was all over on my receipt said judgement order and crossed out. I was almost 20 miniutes late for this session as I have a counter claim.

The courtroom they had me go to was for Divorced and abuse cases not small claims issues. I also have friends that had same problems too. I believe alot is going on behind the scenes than one should know. In addition, it was the same Judge is the same as relative problem why suspicion is so high.

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I have seen and read about some judges and lawyers being paid off to side with a parent during custody hearings. So, I wouldn't doubt this goes on in credit hearings, too. Oh, and I know of a drunken driver that should have gone to jail, but her lawyer, helped her out, for a high fee.

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I made a post about a month ago in which I swore there was something going on with the Judge In my wife's case. There were many who questioned whether It was my inexperience that led me to believe that this judge was showing an unusual bias towards the plaintiff. In 3 years he has allowed them to file the same motion for summary judgement 3 times. We have been hauled into court over and over, and he even threatened my wife because she refused to admit to signing something. They have provided no statements, and no chain of title. If this Judge just simply sets this case for trial (which is supposed to happen if a Summary judgement is not awarded) they lose because they have no Docs! The only way they stay alive is if he does exactly what he is doing by resetting the motion for summary judgement instead of denying it.

Trust me guys, you are not off base! There is no doubt that if somebody was able to look beneath the surface I am certain you will find some dirty dealings between these companies and the Judges presiding over these cases

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This can only work with people who are ignorant of their rights and/or to intimidated to fight back.

If you educate yourself, ask questions, double-check everything and insist on everyone else doing their job right, it makes it mighty tough for them to railroad you.

In Redneck Bubbaland, being railroaded can happen.

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You have the same case law and statutes at your fingertips as they have at theirs. If the judge is screwing you on Summary Judgments, research your law and find a case or statute where he can't screw you. If he ignores it, then appeal his decision.

You can dictate how a large portion of your case is handled. It can be very frustrating, but 90% of the time the answer it there and you just have to take the time to find it.

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I was told to call the Administrator of Court which is the department that handles all the procedures with a court case. I asked who tells the Bailiff what to do in Court, and it is the Judge.

I found another person to help, but not sure if there intentions would do exactly that, so I am just sending a letter to the Judicial Qualifications Commission. However, when I called they act like they are unsure what to do in a case like this? It was like that through all the offices in governemnt in Florida. I am feeling it is time to go back North and get out of bubba land.:shock:

I guess see what happens. The case could of been resolved as their affidavit was false where I was able to prove the date verified by the Credit Bureau, and by the authorized person because they are not license as an agent for the oc. Just check orbiz.org I believe was the website for license holders. Found some interesting information in just google Capitol One in how they do not report correctly to the Credit Bureaus. It was on the http://en.wikipedia.org/wiki/Capital_One

I even asked for credit card agreements, statements, payments, signed checks, and the Judge just setting a date for trial, like yes, I want trial by this Judge? I have another case where I am just going to file in a higher court and skip this guy and make sure he doesn't get elected by the people is how he got in. I can just imagine all the kick backs that are going on under the table.:twisted:and with the dc name is printed in black bold print like a regular customer with a big contract perhaps :evil:

Does anyone have any case law with FDCPA where the other opposing party JDB has to prove a sign credit card agreement?

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Does anyone have any case law with FDCPA where the other opposing party JDB has to prove a sign credit card agreement?

You're way off base. FDCPA has absolutely zero to do with contract law. If you're running around the courthouse waving a copy of the FDCPA claiming it as a defense to a contract case, it's no wonder you think you're not being taken seriously.

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Why is that? I seen the Chapter on 559, so what general chapter are you referring too? I was able to prove their affidavit was false just by being on this site. I am not that way off my dear, and if I am then state it ...it is not nice to put people down! Doesn't sound like you are a nice poster with that scarcastic remark, so, let's hear it Mr. Racetrack pretty please?

Where is your Reason? Perhaps, I will ask the question again, what case law under general contract law that shows one must have two parties with a signed credit agreement???

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Today, 07:45 AM

nascar

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Quote:

Originally Posted by sunshine46

Does anyone have any case law with FDCPA where the other opposing party JDB has to prove a sign credit card agreement?

You're way off base. FDCPA has absolutely zero to do with contract law. If you're running around the courthouse waving a copy of the FDCPA claiming it as a defense to a contract case, it's no wonder you think you're not being taken seriously.

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I am not way off and I was able to prove the affidavit was incorrect too. In small claims all the cases fall under general contract law, so I am not stupid and far from it Mr. Racetrack who wants to be winner..good luck to you.

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I will ask the question again, what case law under general contract law that shows one must have two parties with a signed credit agreement???

You're not going to find a requirement that both parties sign an agreement for the contract to be valid. Your use of the card establishes your acceptance of the terms and conditions of the agreement. Now, your turn. YOU tell me where in 559 you found the section on contract law.

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You're not going to find a requirement that both parties sign an agreement for the contract to be valid. Your use of the card establishes your acceptance of the terms and conditions of the agreement. Now, your turn. YOU tell me where in 559 you found the section on contract law.

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Information in this post is intended for conversational purposes only. It is not intended as legal advice. Please do not take any action based solely upon what you read here. Always seek the advice of an attorney.

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I was in that chapter due to how credit cards are assigned. I had several credit cards but all are paid off. Terms they attached to papers served do not apply to me as I have no credit cards open with them.

Small claims goes by basic contract law. I found that one out with a real estate matter a few years back with a prior home that I had for sell when the real estate race was going on in 04-05. Guess what the same judge too, however; he didn't pull the PA system trick that was last year and this year he pulled that manenuver. I already spoke to the appropriate people to address the situation. I can face it as being in the Military for several years has prepared me to take on the challenges. How lucky I could be to have this tasty snack on my plate. LOL No, I am not losing my mind either. Just get silly from time to time it happens when you are working with computers all day long. One must find humor in life, or it may drive you mad. :wink::lol:

While back I was told, by the wise ones to check out Florida Statues which I know are incorporated into the FDCPA laws because I read chapters on it.

Have you ever gone to Daytona 500? I did once and had a blast. Nascar, I enjoy that too. Have a good week. :)++

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Why is that? I seen the Chapter on 559, so what general chapter are you referring too? I was able to prove their affidavit was false just by being on this site. I am not that way off my dear, and if I am then state it ...it is not nice to put people down!

Chapter 559? Where is that? I thought FDCPA goes from 801 to 818.

I see you just edited your message today, so you probably realized by now FDCPA is not about contract law. It's much more powerful. The false affidavit you refer to may fall under 807(10) use of any false representation or deceptive means to collect or attempt to collect a debt.

Looks like you're doing your research and it seems like you're on the right track. Though little nuances like that may have the effect nascar described: your not being taken seriously.

Keep reading and good luck!!!!

BTW, look up quantum meruit.

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