Archive for November, 2008

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November 28, 2008

My mother co signed on a car loan that got repoed in 1999. The
collectors are still trying to collect this debt. She has received 3
different calls from a law agency stating the were going to file
something here in hillsborough county courts against her and I for the
loan that in 2 months will be 10 years old. Is there a time limit they
stop, or legally is there anything that can happen to my mother
regarding this loan. She has a home, I rent. Neither one of us are
financially set enough to take care of this debt, which some how went
from 7,000 – now 12+,000 click here to enlarge If I were you I would
beg them to sue me. I’d even write them a letter certified mail return
receipt requested begging them to sue me. Did they just call on the
phone or did they send a letter saying that they were going to sue you?
Or did they send any letters at all? If they didn’t I’d wait till they
called again and then I’d tell them to send me a letter.I’d hope that
letter told me they were going to sue me. I’d hope their letter had
some other violations too. But I’ll bet they won’t send you a letter
telling you they are going to sue you. Not likely they would be that
stupid.I’d just sit tight and try and get that letter first. Answer any
calls and have your mother do the same. Record them and fix her up so
she can record any calls too.I’d get the 18 questions to ask debt
collectors every time they call which you can find at and print them
out. Give your mother a copy too. That will soon put a stop to their
phone calls but in the process of their calls I’d be sure to beg them
to sue you every time.Here is why. That debt is way outside the limits
of the statute of limitations. Filing a lawsuit would put them in
violation of FDCPA because they misrepresented the legal status of the
debt. ThenI would keep a close track of my public record at the
courthouse and if they keep the court dockets on the internet that
would be easy to do. You can call up the clerk of the court and ask if
you can check the court dockets on line. If not I’d go down to the
courthouse about once a week to see if they filed a lawsuit on me or
your mom. If they did I’d immediately prepare a motion to dismiss,
order of the court, notice of hearing and certificate of mailing.I’d go
file the motion then take the notice of hearing to the judges office
and get a hearing date set. I’d also prepare a validation demand letter
and a demand for admissions and send all of it to the lawyer’s office
by certified mail return receipt requested. I wouldn’t wait for the
sheriff to come knocking on my door. I’d do that long before he ever
got me served.Then I’d go home and prepare my federal case against the
lawyer and the debt collector and then go file that in federal court.
Somebody does that to me and they will soon be wanting to know how much
it is going to cost them to get me to go away and leave them alone. If
my mother were still alive I’d wait until my case was over and done
with then I’d have my mother go file the same case in her own name and
she would get paid too.That’s what I would do. So what are you going to
do? Why not get on my conference call this evening and find out how
easy it is to do that. You can talk to some of my students who have
filed cases on lawyers and debt collectors and won. Some of them
several times.Not one of my students has ever lost a federal case yet
and you won’t lose the local case either if you let me teach you how to
win.The call starts at 7:00 P.M. Central time. The phone number is
1-712-432-1601 and the pin number is 598548 followed by the # sign.

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November 27, 2008

As the reporter in this investigative report states, people who don’t
know the law and how to defend themselves against such ripoff tactics
as is discussed in this video don’t stand a chance.Creditwrench gives
consumers the tools they need to fight back with a veangence and win.

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November 27, 2008

Questioner: RichardSubject: Court SummonsQUESTION:I have received a
real summons from the superior court of San Diego from Atlantic credit
and finance inc and they filed through an attorney in San Francisco.
the papers look legit with a file date and i confirmed the case with my
superior court with the case number and it has been filed.it says i
should respond in 30 days (filed on 11/6/08) by written response and
have a copy served on the plaintiff and it must be in proper legal form
if you want the court to hear my case. what should i do? i tried
looking for the proper form to use on the San Diego superior court
website but i couldn’t find the proper forms and i don’t know how to
get a copy served to the plaintiff. is it too late to send a letter to
the collection’s agency to validate the debt? and how do I respond to
the court?ANSWER: Yes, it is too late to send a validation letter to
the collection agency but the lawyer is a 3rd party debt collector and
you should send the lawyer a validation demand. You need to also
respond to the summons and send a copy of your response to the attorney
accompanied by a certificate of mailing and your demand for admissions
and do it all at the same time. Send it certified mail return receipt
requested.You can learn much more about how to do that by listening to
my talk radio show which aired this evening and every Monday evening at
9:00 P.M. central time. The shows are always archived at as are many of
my training videos.

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November 24, 2008

Tips & Tactics Powerful Pro Se Pleadings …
The missing piece in most pro se lawsuits is powerful pleadings … a
mistake even seasoned lawyers frequently make.

Your lawsuit stands or falls on its pleadings … the “Complaint” if
you’re the plaintiff, the “Answer” if you’re the defendant.

Then, of course, there are counterclaims, cross-claims, third-party
complaints and answers to each of these, also. It’s really quite simple
the way Jurisdictionary explains it, but it’s also extremely important
to get it right when starting out!

Whether you win or lose depends primarily on how well you write your
pleadings … i.e., the part of your paperwork that states what your
case is about, what you intend to prove, and what you want the court to
do if you prove all the facts you say you will prove.

It’s amazing how many people (including seasoned lawyers) do very
little to pump-up their pleadings with persuasive power. Most of the
pleadings you see are more like letters to the judge, rather than
effective statements of the litigants’ right to formal redress of their
grievances.

Pleadings should state the legal grounds for what you want the court to
do, and they should state the facts you intend to prove to show the
court that you’re entitled to the relief you seek.

That’s what pleadings do!

Plaintiffs must state at least one “cause of action” plus all facts
that support each cause. A cause of action is the plaintiff’s right to
sue. Every cause of action requires that certain facts be proved. The
plaintiff’s pleading, therefore, needs to state all the facts that he
or she intends to prove … all of them and nothing more!

Defendants must file what we call affirmative defenses along with their
Answer to the plaintiff’s Complaint. Affirmative defenses are something
like causes of action. They are the legal grounds the defendant is
relying on to show the plaintiff should not win! Though professional
lawyers rarely go beyond just stating the affirmative defenses, wise
defendants also allege all the facts necessary to establish each
affirmative defense. (Lawyers aren’t taught how to do this in law
school, and the average judge hasn’t a clue!)

Please don’t treat pleadings as narrative “letters to the judge”. It is
extremely important to file pleadings that show:

- All the laws that dictate you should win, and
- All the facts you intend to prove to trigger those laws.
Every law depends on certain facts, but unless the facts and the law
(cause of action) are clearly stated in your pleadings, your case
starts off on a weak footing.

Why give the other side any help at all?

We can’t teach you everything you need in these weekly Tips & Tactics
newsletters.

There’s much more you need to know if you want to win!

Get our 24-hour Jurisdictionary step-by-step self-help course.

Why risk losing?

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- 2 audio CDs present practical tactics and procedures
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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

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November 24, 2008

Our blog talk radio show for 11/24/2008Our regular Monday evening talk
radio show airs at 9:00 p.M. every week. It is pre recorded so if you
would like to be a guest on our show you need to call us not later than
Saturday before the Monday evening show. You can reach CEO Bill Bauer
by calling (405) 237-2174 or (405) 227-9423You should visit our web
site at http://ping.fm/cJHIv and our message forum at
http://ping.fm/uytUl

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November 18, 2008

Here is the Radio talk show recording for 11/17/08

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November 17, 2008

Open Question We need a lawyer for a credit card dept- credit card is
suing? What type of lawyer? What type of lawyer should I look for? My
husband is getting sued by a great card company- we have been fighting
with them for sometime and they just sent us a paper that they are
suing us.Answers (1)
- by creditwr… You need a lawyer like you need a new hole in your
heads. The reason is that you don’t have a defense so the best a lawyer
can do for you is to try to make a settlement offer to the plaintiff.
That offer will probably end up being somewhere around 80% of the
amount they are claiming. The lawyer will want about 10% of that amount
as his fee for doing it. If you don’t have that amount of cash then the
plaintiff will either refuse to settle or will want a stipulated
agreement which they will quickly turn into a judgment and you are hung
out to dry with no chance to fight about it later. Miss one payment and
you are right back in the fire all over again.Instead of letting
lawyers do that to you learn how to win yourself and maybe even get
paid for doing it. Learn how to respond to their complaint and how to
win in court without lawyers. Learn how to catch them violating the law
(which they have already done if you only knew it) and take them to
federal court where the only question before the court is whether they
broke the law or not and of course they have and you can prove it. They
will be in the same shape in federal court as you are in the local
court system. Listen to one of my students on my radio talk show for
tonight (Monday, November 17th, 2008 which is already posted on my
website at http://www.creditwrench.tv and he will tell you how he won 3
cases against a debt collector and only had to file one case to win the
other two. He never had to even see the inside of a federal courtroom
or face a judge at all. One trip to federal court was more than enough
for the lawyer who had filed 3 cases against him. That lawyer didn’t
want to go through any more of that. He knew he was beat before it even
got started. You can do the same thing. You can win in federal court
even though you might lose in local court and in the course of settling
the federal course you can make them vacate the lower court case and
pay you in the process.So why do you need a lawyer when creditwrench
can teach you how to win and make it all go
away?http://www.creditwrench.comhttp://www.creditwrench.tvhttp://consumers.creditwrench.com(405)
237-2174(405) 227-9423

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Creditwrench teaches you how to beat up on debt collecotrs

November 14, 2008
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November 10, 2008

Questioner: KarenSubject: Cresit card lawsuitQUESTION:A lawyer has sued
me on behalf of JDB for a credit card debt. SOL not expired. I Answered
the court and attorney with a General Denial that wasn’t sworn.I just
read this needed to be sworn. Is it to late to resubmit a sworn
copy ?How long do I have to request Discovery from Plaintiff ? No dates
have been given to me by the courts and I only see it has to be done
during the discovery period.Plaintiff hasn’t responded to my request
for validation ,as allowed by FDCPA. Even though they have filed
lawsuit and placed this on my credit report. Would you suggest filing a
Motion to compel since they haven’t shown any of the documentation
requested prior to validating the lawsuit ? or Filing for
Discovery ?Thanks in advance for any suggestions, KANSWER:A lawyer has
sued me on behalf of JDB for a credit card debt. SOL not expired. I
Answered the court and attorney with a General Denial that wasn’t
sworn.I just read this needed to be sworn. Is it to late to resubmit a
sworn copy ?I’d submit a motion to allow filing of an amended
complaint. You will probably have to amend it in some meaningful way.
Simply having the amended motion notarized without adding something
meaningful would not be a good idea.

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creditwrench

November 4, 2008