Questioner: Betty BCategory: Collections LawSubject: Sued By Discover
CardQuestion: I’m being sued by Discover card. I’m supposed to appear
in court in about two weeks. I’m trying to come up with a defense. The
information they’ve included in the petition is scanty. I question
whether the debt has exceeded Missouri’s 5-year statutory limitation as
I believe I last paid in April 2003.The petition includes two copies of
my account summary. The first is dated Sept 25, 2004 and it says I owed
$7,798.96 (I do not remember owing this much) and that a late fee and
over the limit fee of $70.00 was added, bringing the total to
$8022.44.But I’d quit paying long before that. Surely they can’t use
charges they’ve added to the account as a means of extending the
statute of limitations. Right?The second copy of my account summary is
dated September 30, 2004 and it shows the $8,002.44 as the beginning
balance and then it shows a $8,002.44 payment (at the bottom of the
statement under transactions it says the $8002.44 is an “internal
charge-off”). Finally, it shows an account balance of Zero.Neither of
these statements were ever mailed to me. In fact, they have the wrong
address on them.They’ve also included a copy of the cardmember
agreement, but have included nothing that I’ve signed.I’m going to try
to get the case dismissed on the grounds that the statutory limits have
expired, that there’s no signed proof that I agreed to their terms,
that I dispute the amount they claim I owe and they’re offered no proof
otherwise of the amount of the debt, and also that I had their
AccountGuard Service. AccountGuard should have paid the debt after I
lost my job and home. I did write to Discover in 2003 and tell them
about my financial hardship but received no response.Do you think I
could possibly win the case? Any other
suggestions?Thanks,BettyAnswer:If you can’t prove when you made your
last payment by some means then you will have to go with their
statement date which is actually the chargeoff date so that would be a
few months after you made your last payment. Using a 6 month figure
then your last payment probably would have been sometime around April
of 2004. If you use the Missouri statute that would put the end of the
SOL in Sept of 2009 so you will lose using that argument. But the real
statute of limitations may not be 5 years as stated in Missouri law. It
may be much shorter than that depending on what you argue and how you
argue it. I’m sure that you have only considered the Missouri law which
isn’t the only law which in fact may not apply at all.Even if you lose
and they get a judgment and you have applied the correct statute of
limitations but the judge insists on applying the Missouri law you
would still have two options. One would be to appeal the judge’s
decision and the other to file a federal case for misrepresenting the
legal status of the debt.Although it is doable if you take a court
reporter with you (never go to court without having a court reporter
present) I don’t recommend that course of action because you may end up
having to put up a bond in the full amount of the judgment which the
plaintiff will get immediately if you lose. You would have a much
better chance in federal court and you don’t even need to hire a lawyer
to do it. Furthermore, it isn’t nearly as scary as local courts because
you will do everything over the internet using PACER and by U.S. Mail
and maybe by phone. In local court you will face a judge who is likely
to be all in favor of the plaintiff’s motions and pleas.Of course, you
will want to use your discovery tools to the max. I like to send demand
for admissions first then demand for production of documents based on
the responses to your demand for admissions and finally interrogatories
based on what you got back from the first two demands. Needless to say,
you are going to need help getting that all worded properly.You should
be glad they included a copy of the agreement with their complaint. The
agreement will be key in getting the court to see and understand your
arguments.Can you win the case? I think so but you are going to have to
present the proper arguments in the right way or you will most
assuredly lose.Even so it probably won’t be all that easy because the
court will want to impose the Missouri statute and they are apparently
in time with that.Message forum

Tips & Tactics The Lawyer’s Little Red Toolbox … #3
You sent so many emails thanking us for our “Little Red Toolbox”
series, we decided to send a few more warning tips again this week so
you can be prepared for the lawyers’ little red toolbox of tricks and
traps they use to throw you off track and put you at a disadvantage.

To learn more about protecting yourself from lawyers, get our complete
Jurisdictionary 24-hour step-by-step self-help course.

We mailed it, your Honor: Occasionally, a lawyer will claim he mailed a
motion, notice, or other important paper to you, when in fact the paper
never got mailed … and the court will be inclined to believe the
lawyer! Believe me. It happens. What can you do? If the paper required
you to respond within a certain time frame, and you didn’t get the
paper, there may be harsh penalties. What you must not do is try to
take advantage of the situation and claim you should not be required to
respond because you didn’t get the paper. If you do this, the court
will surely shoot you down. Instead, calmly assure the judge that you
will be pleased to respond to the paper, but you didn’t get it. Perhaps
the postal service lost it. They do, you know! Do not accuse the lawyer
of lying, even though he may be lying. It could also be his secretary
forgot to mail the paper or lost it. She will try to save her job by
insisting that she mailed it. Any attempt on your part to discredit the
lawyer or his staff will only work against you. Instead, assure the
judge that you will happily respond to the paper you did not receive,
and move the court for an order giving you a certain amount of time to
do so. Of course, it’s always a good idea to cite controlling appellate
cases that favor court leniency in such matters. Then, if the judge
refuses to give you more time to respond, you are prepared for appeal.
But, as you will learn in more detail with our 24-hour Jurisdictionary
step-by-step self-help course, showing the judge you already have
appellate case law on your side encourages the judge to do what you
ask, and the judge will probably give you more time rather than risk
being overturned on appeal.

We never received it, your Honor: Yes, this happens, too. At the very
worst time possible, the lawyer on the other side may claim he never
received an important paper you sent to his office. How do you deal
with this? Simple. Never rely on mail alone. Even certified mail gets
lost now and then. Mail your papers, by all means, but follow-up with
fax and, if the document is particularly important, have it
hand-delivered by a disinterested person who can give oath that the
paper was delivered on time and handed to a particular person in the
lawyer’s office. Print a fax log after all faxes to opposing counsel,
and staple the fax log to your copy of the document. Pay the few extra
pennies for delivery confirmation at the post office. Certainly, not
all lawyers are crooked, but enough are that you simply must anticipate
that sooner or later they will show up in court with the excuse that
they never received what you sent. Mail with delivery confirmation. Fax
with fax log. Hand-deliver by someone reliable who can swear delivery
was made. By doing this you put a stop to the “We never received it”
game that some lawyers think is sport. More procedure for effectively
controlling crooked lawyers is covered in detail with our popular
24-hour step-by-step Jurisdictionary self-help course.

NOTICE: These weekly “Tips & Tactics” are no substitute for our
complete 24-hour step-by-step self-help course. We send these to those
who have our course already and need a weekly reminder, and to those of
you who need to take responsibility to get our course and learn how to
protect yourself in court!

Why risk losing?

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- Includes Shipping & Handling
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Email us for more information or visit the link above.

Be sure to listen to our Creditwrench Friday night conference calls
which start at 7:00 P.M. Central time. The call in number is (712)
432-1601 and the pin number is 508548#. You can feel free to join in
the conversations and we will be happy to discuss your situation.You
should also listen to our regular Monday evening Radio Talk show by
clicking on the widget in the left hand column. If you would like to be
a guest on the show you can do so by calling me at (405) 237-2174 or
(405) 227-9423. The shows are all pre recorded. You can also find a
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Tips & Tactics The Lawyer’s Little Red Toolbox … #2
This week we offer a few more warning tips about the little red toolbox
of tricks and traps lawyers use to throw you off track and put you at a
disadvantage.

To learn more about protecting yourself from lawyers, get our complete
Jurisdictionary 24-hour step-by-step self-help course.

Conversational Style: Winning lawsuits requires you to use words
precisely to get certain facts (and only those facts) into the court’s
record. Lawyers will try to get witnesses (including you, if you are
called as a witness in court or at a deposition) to forget what’s
important and, instead of concentrating only on the vital facts, get
into a “conversation” with the lawyer. Never do it! The lawyer wants to
get things off track, to confuse the court with useless information, or
to make the court believe there is more to the case than there truly
is. It’s hard enough to win a case without being required to argue
about facts that can have no bearing on the outcome. Yet, that’s just
what lawyers often do. When you are being questioned, answer as if you
can see the words you say being typed onto a page for the appellate
court to read, if you have to appeal. Speak slowly. Thoughtfully.
Always count 1-2-3 before answering any question. Think about the
answer and its effect on the record. And teach your witnesses to do the
same! (More about this in our 24-hour self-help course.)

Court Reporters: There is nothing – absolutely nothing – more important
than “making a record” of everything that takes place in a court
proceeding. When you go to court without a court reporter to transcribe
the proceedings, you open the door for the judge to do whatever he or
she feels like doing – because the judge knows that without a
transcript record there can be no appeal. Judges fear the record!
Judges cannot be judged without one. We emphasize this in our 24-hour
self-help course. NEVER go to a hearing or trial unless you are CERTAIN
the proceedings will be transcribed AND that you will be able to get a
certified transcript if the judge allows errors that hurt your case! If
the lawyer on the other side assures you that a court reporter has been
hired, DO NOT TRUST HIM OR HER TO BE TELLING THE TRUTH. Ask to know the
name of the court reporter and MAKE CERTAIN they will attend.
Otherwise, hire your own court reporter! Remember: You don’t always
need a transcript, but if you need one and don’t have it, you’re busted!

Citing Cases: More often than you might believe, lawyers cite cases
without reading them! Lazy lawyers typically read only the “headnotes”
that are added by editorial staff, without taking time to read the
official opinions of the appellate court. Don’t make this mistake! A
few years ago opposing counsel filed a memorandum citing more than
three-dozen cases none of which applied to the facts! If I hadn’t taken
time to read those cases to see what the appellate justices actually
said, the lawyers on the other side would have prevailed with their
ruse! Never assume the judge will read the cases cited by your
opponent. Read the cases! Visit the following link to see the
highlighted headnotes of an important case. The highlighted “headnotes”
are not official and do not control the trial judge in any way! Read
all your cases and all their cases, so you can argue effectively and
win your lawsuit!
www.Jurisdictionary.com/CFMail/Images/PatsyCase.pdf.

That’s just a few of the things you’ll learn with our wildly popular,
24-hour step-by-step lawsuit self-help course. Get your own little red
toolbox now with Jurisdictionary and learn how to fight courtroom
corruption and win!

Order our case-winning 24-hour Jurisdictionary step-by-step self-help
for non-lawyers course now and discover for yourself how to control
courtroom corruption … and win your lawsuit!

It’s easy with Jurisdictionary.
… Dr. Frederick D. Graves
Get Your Jurisdictionary Power Now !
Learn lawsuit procedure in 24-hours … step-by-step.
Our affordable 4-CD self-help for non-lawyers course includes:

- 5-hour video CD simplifies the process of litigation
- 2 audio CDs present practical tactics and procedures
- 15 in-depth tutorials on a 4th CD lay out the basics
- Free laminated EasyGuide to the Rules of Court
- Includes Shipping & Handling
- Instant On-Line Access while CDs are in the mail to you Discover what
thousands know: Jurisdictionary Works!
Save legal fees! Control judges! Defeat crooked lawyers!
www.Jurisdictionary.com
Ask anyone who has our course. “Jurisdictionary Works!”
Call Toll Free for details: 866-Law-Easy
Earn Extra Income Helping Others! Lead a Local Jurisdictionary Chapter
Complete our 24-hour course, then teach others how to win! Lead a local
Jurisdictionary Chapter in your home town. Receive $50 for each course
members purchase through you.
Your only cost is the price of our affordable self-help course.
Our motto is Justicia Omnibus… “Justice for All”
Email us for more information or visit the link above.

Be sure to listen to our Creditwrench Friday night conference calls
which start at 7:00 P.M. Central time. The call in number is (712)
432-1601 and the pin number is 508548#. You can feel free to join in
the conversations and we will be happy to discuss your situation.You
should also listen to our regular Monday evening Radio Talk show by
clicking on the widget in the left hand column. If you would like to be
a guest on the show you can do so by calling me at (405) 237-2174 or
(405) 227-9423. The shows are all pre recorded. You can also find a
widget on many other web pages throughout the internet. Each show lasts
for one hour.visit our messag forum which is one of the best research
sites on the internet
Jurisdictionary PMB-11185428 Childers StreetPensacola, Florida 32534USA

Creditwrench Talk Radio

Take a look at this:
/wildfire/WFPop.aspx

Tips & TacticsThe Lawyer’s Little Red Toolbox …
Every lawyer has a little red toolbox of tricks and traps intended to
throw you off track and put you at a disadvantage.

Today’s “Tips & Tactics” gives you a glimpse into that toolbox. To
learn more, of course, get our complete Jurisdictionary 24-hour
step-by-step self-help course.

Issues. Lawyers typically try to “muddy the waters” by trying to get
you to argue issues that have absolutely nothing to do with the outcome
of the case. If you aren’t careful, they will drag you off into a
never-never land of expensive and time-consuming efforts to prove or
disprove facts that are “outside the pleadings”, facts that were not
raised by the pleadings and, therefore, do nothing but drain your
energy and gobble up your time so the other side can make it look like
you are struggling to prove your case. Don’t put up with it. Make your
record. “Objection, your Honor. Counsel is raising issues beyond the
scope of the pleadings!” (More about this in our 24-hour self-help
course.)

Sidebar. Lawyers will try to whisper to the judge on the bench (so the
court reporter cannot hear) communicating to the court about matters
they would never be allowed to present if the court reporter were
taking everything down and you were in a position to object on the
record. When the lawyer on the other side of your case calls for a
sidebar conference, make sure the court reporter comes with you to the
bench and types every word spoken by the judge, the other lawyer, and
yourself. Failure to do so has been the downfall of many. Don’t let it
happen to you!

Testifying. This is the biggest and most common crime and one of the
many reasons people hate lawyers. When a lawyer can’t find a witness or
documents or anything else to support their arguments, they’ll just
tuck their thumbs under their armpits and strut about the courtroom
stating facts about which they have no personal knowledge whatever.
And, if you let them get away with it, you are inviting disaster. The
only time a lawyer (or pro se litigant, for that matter) should be
allowed to talk about facts is when the facts recited are already in
the record – either because a witness testified to them or some
documents or other things were presented to the court to demonstrate
those facts. Unless the lawyer has first-hand knowledge, he is an
incompetent witness. “Objection, your Honor. Counsel is testifying.” If
the lawyer claims to have first-hand knowledge, move the court to make
him or her submit to cross-examination under oath!

Empty Objections. Ever watch court programs on TV and hear the lawyers
call out that familiar word, “Objection”, without saying anything more
about why they are objecting? Of course you have. Not many script
writers are lawyers, so they assume that single word, without more, is
good enough. It’s not! If the other side jumps up with an “Objection”,
you jump up immediately and demand, “Grounds, your honor! What are the
grounds?” Unless an objection is based on proper grounds, it is
improper for the court to sustain the objection. If you allow this
trickery, you only invite the other side to get away with murder.

Well, that’s just a few of the things you’ll learn with our fabulous,
wildly popular, 24-hour step-by-step lawsuit self-help course. Get your
own little red toolbox now at Jurisdictionary and learn how to fight
legal corruption in court and win!

If you’d like us to cover a particular topic in future Tips & Tactics
newsletters, go to our website and click on the “Contact” button to
send us an email.

Learn how to use the rules to win your case!

Order our case-winning 24-hour Jurisdictionary step-by-step self-help
for non-lawyers course now and discover for yourself how easy it is to
control crooked lawyers … and win your lawsuit!

It’s easy with Jurisdictionary.

It takes just 24 hours to learn how to win!
… Dr. Frederick D. Graves
Win with Jurisdictionary!
Learn lawsuit procedure in 24-hours … step-by-step.
Our affordable 4-CD self-help for non-lawyers course includes:

- 5-hour video CD simplifies the process of litigation
- 2 audio CDs present practical tactics and procedures
- 15 in-depth tutorials on a 4th CD lay out the basics
- Free laminated EasyGuide to the Rules of Court
- Includes Shipping & Handling
- Instant On-Line Access while CDs are in the mail to you Discover what
thousands know: Jurisdictionary Works!
Save legal fees! Control judges! Defeat crooked lawyers!
www.Jurisdictionary.com
Ask anyone who has our course. “Jurisdictionary Works!”
Call Toll Free for details: 866-Law-Easy
Earn Extra Income Helping Others!Lead a Local Jurisdictionary Chapter
Complete our 24-hour course, then teach others how to win!Lead a local
Jurisdictionary Chapter in your home town.Receive $50 for each course
members purchase through you.
Your only cost is the price of our affordable self-help course.
Our motto is Justicia Omnibus… “Justice for All”
Email us for more information or visit the link above.
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you would like to be a guest on the show you can do so by calling (405)
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show lasts for one hour.
Jurisdictionary PMB-11185428 Childers StreetPensacola, Florida 32534USA

Court Summons for Credit Card Debt.Question:I live in Florida. The
alleged credit card debt was initiated in Massachusetts. My question
is; under my credit card agreement under “Applicable Law” This
Agreement and your Account will be governed by federal law, and the
laws of Arizona, whether or not you live in Arizona and whether or not
your Account is used outside of Arizona. You agree that:(1) this
Agreement is entered into in Arizona; (2) all credit under this
Agreement will be extended from Arizona; and (3) all credit extended
under this Agreement is subject to, and governed by, Section 44-1205(C)
of Arizona Revised Statutes. All terms and conditions of this Agreement
(including Returned Check Charge and Over Limit Change provisions) are
deemed to be material to a determination of the finance charge.My
argument would be to dismiss this law suit due to this debt is pass the
SOL period. Since Arizona Open accounts is 3 yrs. Do you think this
argument will work?My second argument would be that the debt amount is
incorrect and I would then request a original application with my
signed signature. I know the amount is incorrect and read some where
that it’s illegal for them to state an amount this is false; is that
true?My last question is I received another letter from the same
Attorney, same Case No. but for a larger amount. Do you think their
falsifying their documents?Thank you so much for your time and any
response that you can give me is so much
appreciated.Sincerely,Guest101Answer: Will your SOL argument work?
Probably not unless you really know how to make it stick. Most judges
simply won’t want to hear it first of all because if that argument were
to be accepted they would just about have to go to school all over
again. It isn’t just the SOL argument that can be used against
plaintiffs. There are other ramifications and arguments that can be
used as well if judges accept that argument. So you are likely to get
denied even though there is a fair amount of case law to support your
argument. As a result I would guess that you will not only need to know
how to argue that point but how to force the judge to accept it whether
he wants to or not. Be aware that in order to prevail you may have to
take it to the appellate level or even higher. If you are willing to do
that then I’d say you have a pretty fair chance. I am aware of an
ongoing Florida case that is currently being decided by the judge who
took it under advisement and is studying the matter. That person, a
student of mine based his argument on another Florida case against
Capital One wherein Cap One lost the case argued on the same grounds.
The problem is that the first case was also decided in another district
court in Florida so it is not a compulsary case.There is another case
that I am aware of that was ruled on in the 10th Circuit court of
appeals. That case is not exactly the same but definitely similar and
could be cited as well. Once again, however, rulings of the 10th
circuit would not be compulsary in your state so all of the cases could
only be advisory cases. They might help and they might not. You might
very well have to take it all the way to your circuit court of appeals
too. I would very deeply appreciate your keeping me abreast of what
happens if you do argue it.Then you ask about getting the original
agreement to see if all the charges are allowable under the terms and
conditions of the agreement. Another excellent argument that should be
vital to the outcome of the case but again you may have to put up a
hard fight to get that accomplished.Are they falsifying their documents
to get more money? Most likely they are.Again, I think your arguments
have much merit but trying to get a judge to agree with you isn’t
likely to be easy unless you know how to argue the case well and be
prepared to back it up with further action if things don’t go
well.Please keep me posted as your situation progresses.