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1  Flordia Debtor / Florida Case Law / Re: Statute of Limitaions - Written instrument on: June 25, 2010, 10:35:27 PM
No one has responded to this as of yet, two months later.

I have to assume then that no one here has the answer to my last reply.

So my guidance IS really, truly from a Higher Source! Got it! What better atty could I have? :>) The Great Mind knows all. Thank God (and literally) that I trust this Great Mind, my only Source of supply!

Never mind...I already have the answers...it's all within.
2  Flordia Debtor / Florida Pleadings and Forms / Advice on Admissions on: May 03, 2010, 06:12:07 PM

Hi all, A little feedback on this info I received as a possible points for requests for admissions in a credit card suit. My concern is would I be compounding the case and making it more difficult than it needs to be??. The theory here seems to point to the fact that what CC companies lend is credit and nothing of actual substance, namely money is not their to lend etc. The whole "Credit River Minnesota " story kind of thing.

See what you think.
The following definitions should be used for these admissions:

CREDIT CARD ACCOUNT: as used in plaintiff's “CUSTOMER AGREEMENT” or "ACCOUNT AGREEMENT."

CREDIT: the ability to buy an item or to borrow money in return for a promise to pay later.

DEPOSITS: (i) The unpaid balance of money or its equivalent received or held by a depository institution in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to an account, including interest credited, or which is evidenced by an instrument on which the depository institution is primarily liable: (and follow)... 12 CFR § 204.2 (e).

DEPOSITOR(S): one who makes deposits.

BANK'S MONEY: profits from business activities, retained earnings, or shareholder's equity.

NOTE: The following are for a bank.

1. Admit Plaintiff lent Defendant its own money.

ANSWER:

2. Admit Plaintiff lent Defendant depositor's money.

ANSWER:

3. Admit Plaintiff lent Defendant its credit.

ANSWER:

4. Admit Plaintiff's agreement allows Plaintiff to amend or alter its agreement.

ANSWER:

5. Admit Plaintiff's agreement allows Defendant to amend or alter its agreement.

ANSWER:

6. Admit Plaintiff shows Defendant's credit card application as an asset on its balance sheet.

ANSWER:

7. Admit a credit card is not money.

ANSWER:

8. Admit Plaintiff lent Defendant Federal Reserve Notes.

ANSWER:

9. Admit the credit card issued to Defendant remains the property of Plaintiff.

ANSWER:


Some of these seem a little over the top or maybe I'm just being too nice to PeeWee Plaintiff.
What do you think?

What I've done so far is
Received Summons from PeeWee Plantiff AMEX
Avoided answer Filed a Motion instead.
Scheduled Hearing
Preparing Requests for Production of Docs, Admissions etc.

Any advice would be appreciated.
3  Flordia Debtor / Post a Question / Re: assignment of debt on: May 01, 2010, 01:48:03 PM
Hi again. I think we have a little confusion here. This is what has been done so far.

Motion to Dismiss -failure to attach..filed
Hearing is scheduled with the court and plaintiff is aware,
In my motion I did not state that he has 10 days.....isn't that a law the Plaintiff should know being an attorney.?
Next I'm requesting production of documents., Ive been told this can be done at anytime after the intiatal complaint was responded to in which I filed the motion in lieu of an answer.
4  Flordia Debtor / Post a Question / Re: assignment of debt on: April 29, 2010, 06:52:11 PM
OK, free's hubby here....How do find out exactly when the attorney was assigned the debt from the CC company. I can put in the request for docs but is there another way?


thanks for your help,
5  Flordia Debtor / Post a Question / Re: assignment of debt on: April 28, 2010, 01:28:03 PM
I will have my husband work with this post. I will show this to him tonight.
I will let him do all of this...he is better at it.

I don't want to frustrate you or myself. :>) I am operating on very little sleep today so I am probably not making much sense.I'll go back to what I do best, use faith.

He will be showing up here from now on.

Thank you, you are so kind to help us.
6  Flordia Debtor / Post a Question / Re: assignment of debt on: April 28, 2010, 01:14:25 PM
First off, thank you! You are quick to answer and I so appreciate that, more than you could know!

I am sure this is goign to be lame of me and plain stupid BUT....
With those 30 days,  I am unsure of what that entails. Dont know that info, when 30 days began.With no doc for proof of assignment I have no idea when atty got assigned (or hired) to collect debt. Have no knowledge of that unless he is using the the allegation in complaint: 'agreed amount between plaintiff and defendant made on on April 1sr, 2010', which is a lie.

 Is there a way to know this? For if I don't know when assignment happened, since that doc was not attached. I assume this the reason for motion to strike, due to he did not attach doc of proof of assign? Sorry, want to make sure of what I am doing with motion to strike.
Or can I do that in spite of not knowing? Is there a way to find this out? Was atty supposed to file proof of assignment through my county court where I reside? Can I ask the court to show this to me? (probably not!)
Or is that only in the case where atty resides? Did he buy the debt or not, I dont know. Could he file that proof of assignment in his county , which is different than mine?
Can motion to strike be done without knowing when assignement took place?
If strike, probably good idea to give him ample time so he doesnt use that against me...10 or 20 days

Now that I have drove you nuts.......probably repeating myself here...sorry. I can 'over think'.

Just dont want to miss a thing while I have your help! :>)  Can you help clear this up so I know what to do exactly? If he really is representing plaintiff, how does this all work, the same way? Hope I am making sense..little sleep last night due to research.

I just want to make sure I do what is needed now before hearing and correctly. I am sure he is watching to see what is done. He has been atty for collections for years.

Thanks for clearing this up for me!
SO grateful for your help!
7  Flordia Debtor / Post a Question / Re: BEST MOTION TO USE on: April 28, 2010, 07:02:53 AM
Please advise...Did motion, did not do a letter for defenses for retired FL atty teaches should avoid this and can do that here in FL. He teaches to first file flurry of motions..that is best. So did the motion to dismiss failure to attach, requesting who owns the debt. Atty did not give us written notice of the assignment of debt at any time..is this something I can use and how? Or is this just for small claims? This is a civil case.

Also, is there something to be done meanwhile that I need to do with this atty? I dont want to neglect what I should do while waiting for hearing. Is there a certain amount of days atty needs to answer to the motion? How do I go about that and if he does not, what to do next?

Please let me know.  I understand judge does not see motion until hearing, so meanwhile I would need to know what I am to do if anything.

Hearing a month from now.

Also there was a false statement in complaint but I think is tricky. A claim there was agreement between plaintiff an defendant recently (gives particular date), that they together made agreement that amount owed to be true. LIE. That is in part B of allegation...1st part is tricky. Can I use part of that part of the allegation and how?

Only coupon payment and generic agreement attached to complaint. Agreement has old date on it.
Thank you for your help!!!!

8  Flordia Debtor / Post a Question / assignment of debt on: April 28, 2010, 12:57:02 AM
Thank you for being here!!

How would I find out who owns the debt? Would this be recorded at the court where compliant was served through?

Failure to attach proof of assignment doesn't always mean it has not been recorded? Correct?

Also how would I go about using the defense that CC agreement is not the same date of the complaint?

Did a motion to dismiss failure to attach due to no doc showing who is owner of debt. Was told to set hearing..hearing set a few weeks from now. Is there anything I should do meanwhile?

Also, there is a statement that there was an agreement made on a certain date between plaintiff and defendant on amount of debt (recent date). This is not true, I know it is a trick. Should I use this lie and how? This would be part 'B' of the allegation made.

Thanks so much for your help!

9  Flordia Debtor / Post a Question / Re: BEST MOTION TO USE on: April 28, 2010, 12:40:54 AM
THANK YOU all that responded!! MUCH appreciated!

10  Flordia Debtor / Florida Case Law / Re: Statute of Limitaions - Written instrument on: April 28, 2010, 12:14:08 AM
Please, in plain English, is there anything that can be used as a defense when it comes to credit card agreements versus a valid contract? I have studied contracts, agreements, the oral  'meeting of the mind' and still cant grab a clear understanding if there is anything within that for a defense.

Written instrument...can you explain that further, particularly as a defense? Thank you!

I read a post elsewhere made by a paralegal that there is no valid contract with CCs, that the burden of proof in on the bank.What about when one applies for a card online? Also the time a person applies for a card, that is called a 'permissible purpose' but is not any kind  agreement or contract. So where does 'contract' fit in here for credit cards? Also, what if a person applies for a card online?

My eyes are crossing as I read this post. I admit, when it comes to legal issues I am completely lost. So please help me understand this better. Thank you!

I had read somewhere that a credit card agreement attached to a complaint has to match the date of the complaint. Does anyone know if this is true and how to enforce that?

Again, thank you so much for your responses!

11  Flordia Debtor / Federal Case Law / contract versus agreement on: April 26, 2010, 12:08:53 AM
Hi All,

Have a question here. I have been researching contracts, agreements and ALL that therein! Found much info of which then I found more info, and again more info, and again....you get the idea.

Can anyone tell me in legal, yet simple terms the difference? Also I want to mention there is an old date on generic membership agreement. I dont have absolute on this but heard that the membership agreement has to have same date as complaint. Does anyone know of this and how that could be used? I understand there has to be proof given for all allegations which I am standing on now and will continue to do so all the way. Thank God we have that much of a right still in the works..the demand for proof.

I also learned tonight that the house has yet to pass the the Arbitration Fairness Act of 2009. Does anyone have any recent info on this? I learned A LOT on that one! I understand that in the very beginning arbitration was intended for use between large corps. (only), and was never intended to be used by a large corp against an ordinary citizen in order to settle out of court. Any comments on this?

Thank you!!
12  Flordia Debtor / Post a Question / Re: BEST MOTION TO USE on: April 19, 2010, 11:56:57 AM
Thank you for your help!

I am getting really concerned here for I never heard I had to request anything from atty BEFORE a motion.

In doing answer letter w/defenses, what can I expect to have happen next? AND is there something I should work on meanwhile?? Have no idea.

We are looking into the idea of an answer letter and do have some good samples to use. Once again, atty in teaching package said that is not required here in Florida to do answer letter first and better NOT to do so. Does clerk of my local court want me to think I HAVE TO do this (going by the words 'each person is required') or are they acting out of ignorance and just doing their job and maybe through that savings themselves future trouble of a possible pro se for I keep hearing they don't like working with them?? Why would a retired atty state something we can do..'flurry of motions' FIRST before answer letter? I am getting paranoid and wondering who I can trust in all of this.

I called the court for rules, was told by clerk there arent any and several times told to get an atty. I understand this kind of treatment happens often.
Do any of you know where i can get rules of the local court? Is there somewhere online that I can find that?

Meanwhile, VIOLET please can you tell me what is the process is for requesting proof of assignment from plaintiff , showing he truly is representing OC? Can you go into detail on this please?Is that request done directly to atty through mail or through the court? Is there a certain procedure on writing that up? Do I give an amount of days for this? Then if he doesn't comply, then go into motion I assume.

I want to first request 'proof of assignment'.. that he is actually representing OC. That was the motion I wanted to use. He DID NOT attach proof of that. He DID sign the complaint as atty of the plaintiff (not their name mentioned next to that, only that)and his address. On the front of complaint itself he has name of plaintiff which is OC but I have heard more than once that does not prove anything. If he is the owner & not truly representing OC, which I know is possible, I want him to bring proof, which is my right as defendant. IF he is has been assigned by OC, then I want to work on failure to attach contract, knowing that a generic agreement w/no signature is not a contract, there was no a signed contract.

By the way, I read somewhere that date of that generic agreement that attys use should match complaint, but if that is true I have no idea how to use that. Has anyone heard of that?

This is the biggest thing right now. Failure to prove that he is representing the OC. No attachment of proof of assignment, so will focus on that first.I understand  we are to use our best leverage, make them prove allegations. This puts them on a paper trail which is timely and costly. I want to take full advantage of that.

Anything else you can suggest would be much appreciated. Wish I could talk to any of you by phone for this posting takes time to go back and forth and I am running out of time fast.

Thanks to BOTH of  you for your help, and most of all the support and encouragement! Much needed! Please excuse if I have repeated myself here.

13  Flordia Debtor / Post a Question / HOW TO OBTAIN PROOF OF OWNERSHIP OF DEBT on: April 18, 2010, 03:12:35 AM
In doing the answer letter I would like to insist atty (who 'says' he is representing Plaintiff OC) to prove OC is owner of debt. I suspect he is.
If I am not wording this all correctly, it is because I am new and it is 4 in the morning. Am very exhausted after all night searching.

By the way, this atty teaches seminars on how to collect from debtors so I need to be doing this right.

I understand that I can use that, demand of proof of ownership of CC debt and it could benefit me but have no idea of how to go about that. Would like to attach that request to letter. I have 9 days left now to do this all..want to get done by this coming Friday.

Thank you for ANY help on this!

PLEASE... I need this in simple terms for I am by this time weary and have too much going through my head! 
Again, thank you for any help...much appreciated!
14  Flordia Debtor / Post a Question / Re: Lack of Prosecution, case dismissed !!! on: April 17, 2010, 09:50:57 PM
ashgar, congrats!

thank you for sharing, very green with all of this and want to say your news is very encouraging.

15  Flordia Debtor / Post a Question / Re: Credit card company said they could garnish wages or put lein on house on: April 17, 2010, 08:15:24 PM
Question here:

What does date of last payment have to do with a lawsuit...reason I ask is I am in one & last payment made last summer. I read somewhere that by law the bank has to write off debt within 6 months. Is this anything any of us can use?

Thank you.
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