Archive for May, 2006

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An important website for pro se litigants and other info

May 28, 2006

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I have found an extremely important website and if you are interested in pro se litigation then you had best check out the pro se section of this website.

At first glance it don’t seem so great but as you drill down into that section of the site more and more information and resources open up.

Not only are there white papers put out by judges and other people in the court systems but there are also links into the court systems for many states where you can look up court cases as well.

Don’t overlook this one!!!
www.pro-selaw.org

And if you are looking for a collection agency and can’t find the one you are looking for this is another valuable resource.

It has untold numbers of listings for collection agencies and even has reverse phone number lookups for them listed in numerical order and many of the listings also have links to their websites. If you put the phone number of a collection agency in Google or any of the other search engines you will probably get referred to this website. www.collection-agencies-usa.com

They also have a blog where anyone can put in the contact information for a collection agency. Once the contact information is put into the blog they pick it up and put it in their directory. Collection agencies of the USA

They are developing directories for other things such as directories of banks, lawyers in the collections field.

They are fast becoming the darling of all the search engines because of their listings complete with links.

They haven’t put up a search engine of their own yet but it is easy to search the pages for any search term or phone number you want by clicking on the edit tab in your browser and then looking for the tab that says “find in page” and search that way. Easy to do and all browsers have that function.

Some debt collectors are now using private names such as “Harry Balz” or “Dewey Cheatum” or whatever name in their caller ID strings so people think it is just some person calling them and will pick up the phone more readily than they would if they tried to hide their identity.

Of course, you can’t call the number back because it is a phony ID string but I’d recommend that if you get a call that turns out to be from a debt collector instead of “John Doe” that you take an extra minute or so to go to an area code lookup website and enter in the area code and prefix which will tell you what city and state they were calling from and of course they either told you the name of the company they were calling for or they violated FDCPA again.

These 18 questions will force them to tell you who they are calling so that’s no problem. Once you have their city and state you can probably find their address and contact info in the data base and then put that new information in the blog at blog and let that new information get put into the data base as well.

And it will hopefully have the benefit of stopping their fun and games because that can be used in an FDCPA case against them for providing false and misleading information to a consumer. Local courts won’t pay much if any attention to such a case but I definitely think that if that practice is exposed to the judges in Federal courts as an additional complaint along with the rest of the complaints you have it will soon start to have an impact on their sneaky tricks.


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114873910366492640

May 27, 2006

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Here are the audio recordings for a part of last night’s (Friday, May 25th) conference call. Our callers were having such a great time learning from each other that we let the call go on for a whole hour of overtime. There was also another reason for letting the call go on for an hour of overtime and that was that the recorder messed up and so the entire call did not get recorded.

The first hour was deleted by the recorder so we needed to let the call go on for an extra hour to make up for that time lost.

Here is the first part of what got recorded.

Here is the second part of the show.

Here is the third part of the show.

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Jurisdictionary seminar in June

May 24, 2006

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Jurisdictionary seminar in June
Objection, Your Honor!

Do you know when to object? Do you know why? Do you know how? Are you sure?
Can you afford to lose your lawsuit and then be unable to appeal?
For your own sake, please read on.

Knowing when, why, and how to object is critical to winning your lawsuit. Failure to make timely objections (and to state on the record the legal basis for your objections) is a common cause of lost lawsuits and, more importantly, the inability to successfully appeal your losses!
The way to win lawsuits is to always be preparing for appeal – which, if you do what Jurisdictionary teaches, usually means you won’t have to appeal. Failure to make timely objections to the judge’s errors kills your right to appeal.

You can only appeal what you object to on the record, at the time, giving the legal grounds for your objection. An appeal is not just another bite at the legal apple. All successful appeals are based on proving the judge made a significant error … an error that was objected to at the time with an explanation of the basis for objecting. Failure to object, therefore, kills your right to appeal.

For example, suppose a witness repeats something he heard someone say outside the courtroom. The proper objection is, “Objection! Hearsay”. But, if you don’t object or if you fail to state that the basis for your objection is “hearsay”, you cannot appeal it later. You must also know how to explain to the court that the testimony introduces “an out-of-court statement offered to prove the truth of what it says” (Jurisdictionary’s explanation of what hearsay is). Either you object in a timely manner with an explanation of the basis for your objection, or you cannot appeal the judge’s error in allowing the hearsay statement to come in. If you don’t object, you cannot appeal.

IF THE JUDGE KNOWS YOU CANNOT APPEAL, HE CAN DO WHATEVER HE WANTS … AND A CORRUPT JUDGE WILL DO EXACTLY THAT ! ! !
Some other objections Jurisdictionary explains at our all-day seminars and our 4-CD lawsuit self-help course are:

* leading
* competence
* relevance
* privileged
* work product
* and many more we explain at our all-day seminars and our 4-CD course

Learn about objections, preparing for appeal, the rules of evidence, rules of procedure, and proper pleading practice at one of our all-day seminars (coming soon to a city near you) and order our 4-CD lawsuit self-help, step-by-step course “The Works!” before it’s too late to learn what you need to know to WIN.

Let us show you how to protect yourself from legal abuse … crooked lawyers and corrupt judges. Our simple, step-by-step explanations are your power to win … with or without a lawyer!
Our next all-day seminar is in Charlotte, North Carolina on Saturday the 3rd of June from 9-5 at the Ramada Conference Center… and there’s still time to sign up for the late, small-group Q&A session from 6-8 p.m. We’ll be in Columbia, SC a week later on the 10th, then in Raleigh, NC on the 17th. Click the link below to see our complete seminar schedule.

Click HERE to learn more about our all-day seminars and affordable case-winning 4-CD “Lawsuit Self-Help … Step-by-Step” course.
__________________
Creditwrench – The lethal weapon against debt collectors
ceo@creditwrench.com
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(405) 616-7901 – CALL ANYTIME
(405)-227-9423 – CALL ANYTIME

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Top ten debt buyers

May 23, 2006

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Top 10 Debt Buyers Location Phone Number Total 1999 Revenue*
1. OSI Portfolio Services* Duluth, Ga. 678 417-5000 $550,000,000
2. IntelliRisk Management Corp. Columbus, Ohio 614 818-3200 $250,000,000
3. Sherman Financial Group LLC New York 212 922-1616 $95,000,000
4. Creditrust Corp. Baltimore 410 594-7000 $90,000,000
5. Riverside Bancshares Inc. Little Rock, Ark. 888 244-6161 $40,000,000
6. Midland Credit Management Inc.** San Diego 800 825-8131 $35,700,000
7. ExTerra Credit Recovery Inc. Walnut Creek, Calif. 925 944-2600 $26,000,000
8. (tie) Alegis Corp. Houston 800 833-4557 $15,000,000
8. (tie) Renaissance Holdings Inc. Portland, Ore. 503 469-6595 $15,000,000
8. (tie) Gulf Coast Bank & Trust Co. Mandeville, La. 504 871-6905 $15,000,000
* In June 2000, OSIPortfolio Services closed its OSIPortfolio Acquisitions subsidiary and relocated operations to Georgia.
** In May 2000, Midland took over West Capital Financial Services Corp. and relocated its headquarters to San Diego.
Note: Not all debt buyers surveyed provided revenue figures.
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114823369187354647

May 21, 2006

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Here is the Creditwrench conference call for Friday May 17th, 2006.

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World wide live TV on your PC!!!!

May 17, 2006

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I’m not one to advertise for somebody else but I thought this deal is so spectacular that my readers ought to know about it.

How about getting 1000+ TV channels live and on the air from just about every country in the world and view them on your monitor any time you want?

How about doing it by getting a one time fee of only $40.00 and never have to pay another subscription fee nor any monthly bills?

Whatever the station is playing is what you get.

Mexico, China, Britain, even the Taliban and Iraqi TV. You name it and here it is.

This isn’t an affiliate program of any kind and I don’t make any money by telling you about this. I don’t know how long this offer will last so best grab it while you can.

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Mark Moyers Conference Call

May 12, 2006

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Mark Moyers has started doing conference calls on a from-time-to-time basis. His conference calls will be posted here in MP3 format so that they can be downloaded and be burned onto CD’s or DVD’s or into your Ipod or just listened to by clicking on the links for the individual files for the call.

This call was two hours long and is divided into 4 half hour segments.

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sheriff’s deputies handcuffed a woman to a motorized gate

May 8, 2006

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FOR IMMEDIATE RELEASE:
Contact: State Rep. Thad Balkman Contact: State
Sen. Tom Adelson
Capitol: (405) 557-7386 Capitol: (405)
521-5551
Norman: (405) 229-9822

Health and Human Services Subcommittee Chairmen Appalled at OFC
Handcuffing Situation

OKLAHOMA CITY (May 8, 2006) – A recent situation in which Ottawa County
sheriff’s deputies handcuffed a women to a motorized gate outside the
Oklahoma Forensic Center is “inexcusable,” said the respective chairmen
of the legislative Subcommittee on Health and Human Services.
“It is beyond comprehension that something of this nature could
occur in this day and age,” said Sen. Tom Adelson, D-Tulsa. “There was
blatant disregard for the individual’s rights, safety and well-being. It
was cruel and inhumane, and there is no justification for this type of
action.”
Rep. Thad Balkman, R-Norman, said he was appalled at the action
reportedly taken by the Ottawa County sheriff’s office, and that all
steps necessary must be taken to ensure that nothing like this ever
happens again.
Mental health officials said that, on May 2, the Ottawa County
Sheriff’s Department transported a woman to the Oklahoma Forensic Center
(OFC) in Vinita for admission for competency treatment.
Sheriff’s deputies were informed that OFC did not have a court
order committing her to the facility and would not have a bed available
until the next morning. OFC cannot legally take custody of an individual
without a court order of commitment. The Deputies then left the
facility, but returned after hours and handcuffed the individual to a
chain-linked fence’s movable gate outside the maximum security unit at
the facility, and then left the facility, said officials.
The Department of Mental Health and Substance Abuse Services is
referring the matter to the Department of Justice and appropriate state
and federal authorities to investigate possible civil rights and
consumer abuse violations as a result of the deputies’ actions.
Balkman said the incident, fortunately, “appears to be an
isolated incident and is not indicative of Oklahoma law enforcement in
general.”
However, that the situation even occurred is troubling.
“Other law enforcement agencies understand the requirements for
transferring custody to the Oklahoma Department of Mental Health and
Substance Abuse Services,” he noted.
Typically, there is an excellent relationship between the
state’s mental health services and law enforcement, said Adelson.
“ODMHSAS works closely with law enforcement to provide specialized
training related to understanding mental illness and with law
enforcement and the court system concerning transfer and commitment
procedures.
“This, however, was an act predicated by prejudice and
ignorance,” he added. “Apparently, deputies deemed this person unworthy
of respect because of the fact she might have a mental illness.”

# # #

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Another one bites the dust

May 5, 2006

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Another one bites the dust.

It seems that after I sent Discoveries to Mann Bracken, one week later they sent me a copy of a letter they sent to the court that said “Clerk of the Court to kindly dismiss the above action without prejudice at the request of the Plaintiff”
Ran with their tails between their legs.
My mode of attack was the following:
-Attacking the affidavit (this is all they had as proof in their complaint)
-Requested proof that the Plaintiff (original creditor) was party of first interest
-Proof that Mann Bracken had been assigned the account
-Proof that a 6050-P had been filed
Question: Could I file a counter-suit against them for filing a false suit against me? What is the difference between with prejudice, and without prejudice?
Thanks once more to Bill.
And also to Mike who has been very helful also.
Puma