- Feb 1, 2007In Louisiana we have what is known as "executory process" to foreclose on a
security interest without the formality of a hearing. The representing
attorney simply attaches the contract and note along with an affidavit from
one of the bank's employee. The affidavit states that s/he has searched
their records and found that you are in default for non-payment of the debt.
That affidavit is all that is needed because you are not served with a copy
of the exparte petition. This is permitted because you waived formal
hearing and consented to judgment when you signed the contract. In such a
case your only remedy is an injunction based upon a ground that would estop
the seizure and sale. It is like shooting fish in a barrel once executory
process is filed. I have such a seizure case in Federal court for 3 years
involving a seizure and sale. Federal because I goofed and failed to go for
an injunction. I am now going against the attorney for not sending a
dunning letter prior to filing the exparte petition. He managed to get a
dismissal on the ground that, as an attorney enforcing a security interest,
he was not a debt collector. I won on appeal but the 5th circuit did not
print a decision. Trial is set for August. If I prevail I most probably
can get the judgment voided because it was obtained in violation of the Fair
Debt Collection Practice Act. This how they avoid witness.
Date: 2/1/2007 1:35:59 PM
Subject: [tips_and_tricks] Jurisdiction
Thursday 1 February 2007
This comes from the DUI thread, but because it pertains specifically
to jurisdiciton, I have moved the comment to here.
: "Jim" <jimveda37@...>
> All judges have the right to decide jurisdiction, IFUnless certain pieces of information become clear in my mind, I
> jurisdiction is in question and IF an action has been commenced.
> But the jurisdiction of a court must be invoked by a sufficient
> accusatory instrument according to law or an action has NOT been
continue to grappple with them and sometimes fail to see the logical
For example, when a foreclosure is commenced by a lender, it is
done via a local agent/attorney with copies of the note and mortgage
used as evidence.
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