Sunday, October 12, 2008

[creditwrench newsletter] Re: Debt Collection Discovery Requests

one they sent valadation supposedly the photo copies of the credit card slips which I know was not legal now really then the affidavit from one Pam Davis who Works for subsidary of the credit card company which is supposedly where the Credit Card company sends there debt collections stating the copies were from CC company and she was notorizing it to that fact. The notary stamp was from Missouri and so was Ms. Davis I tried to do my research called the company she worked for and found that she was there. It was a subsidiary of the Credit Card company.... The Miranda you mean that this is from a debt collector etc etc etc. It is on all correspondance. They did send the first letter and I did ask for verification and they sent the affidavit and the slips then filed it in the court. When I went to court my biggest mistake was I went into a General District court quoting case study and you cannot when at that level on case study. They only had an oral
contract with me and I thought I had it nailed but the judge through the book at me and threatened to put me in jail... He did not like pro se litigation and definately has a relationship with the attornies that go in there.. You truly do not get a fair trial in this state.... Bud Hibbs gave me the tip on the consumer lawyer and they work for the naca I think..... Claim they are familiar with the FDCPA and The truth in lending act and on and on.....As for why go to the law library my answer to that is I have a retired lawyer librarian friend there who helps me with stuff and looks at papers and talks to me that is why.


--- On Sun, 10/12/08, Creditwrench <creditwrench@gmail.com> wrote:

> From: Creditwrench <creditwrench@gmail.com>
> Subject: [creditwrench newsletter] Re: Debt Collection Discovery Requests
> To: "Creditwrench" <creditwrench@googlegroups.com>
> Date: Sunday, October 12, 2008, 5:20 PM
> The affidavit should be more than enough to get the job done
> if it
> contains any false and misleading information which most of
> them do.
> The first thing to look at in analyzing affidavits is to
> look at the
> notary and the seal to see what state the notary is located
> in. If the
> notary is not from your home state then it was probably
> generated by
> the debt collector. So who is the notary in your case, what
> state is
> the notary from and who is the affiant? So they never sent
> you any
> letters, but rather just filed the lawsuit on you, eh? That
> may be
> another violation if they did not have the full miranda
> warning on the
> complaint. If the full miranda was not on the complaint
> anywhere did
> they have a letter in your hands within 5 days of the
> service of the
> summons upon you? If not then you have another violation.
> There are
> many more ways to get violations.
>
> You guess you need to find a consumer attorney? Where are
> you going to
> find a good one that knows what he is doing? There
> aren't many of
> those out there so if you want to get the job done you have
> to learn
> how to do it yourself and that is what I teach. And why do
> you want to
> waste time going to the law library to look up the FDCPA
> when it is
> readily available on the web?
>
>
> On Oct 12, 9:40 am, Lisa Angle
> <lisaangle0...@yahoo.com> wrote:
> > ok well these attorney's never called me not even
> once only sent letters.  They brought a witness to court
> and an affidavit so they never testified as attornies are
> not allowed to testify in a court for the cc company.  No I
> cant figure out how to use the FDCPA under these
> circumstances but I guess next step is to try a consumer
> attorney who is specialized in the FDCPA....  I will try to
> go by the law library and read the FDCPA to see if I can
> find anything.....    
>
>


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