- This may help: If the debt is unsecured and credit was provided by a third party, the landmark case that credit is a gift is I think Byrd v. first nationalMessage 1 of 4 , Jan 30, 2003View Source
This may help: If the debt is unsecured and credit was provided by a third party, the landmark case that credit is a gift is I think "Byrd v. first national city bank, in El Passo about 1999 or 2000. I need the specific cite so if you find it please send it to me. I had the case in my possession a couple of years ago but misplaced it. Good luck. Also I got some other stuff but I got to run go see a client. email me direct at lewismohr@.... Lewis -o-
"John <genman_2000@...>" <genman_2000@...> wrote:
If you have been denied discovery then motion for dismissal.
Discovery is part of your due process and there is a court rule that
allows a dismissal when it has not been provided. Im at work now and
do not have access to the court rules but you could find it. Also if
the court has denied discovery that is an appealable issue. Any
decision that is final can be appealed. You do not have to wait till
the end of the case to appeal. It is called an interlockatory
appeal. It would be based on the violation of your rights and the
judge issuing a manafestly unjust decision. Also before you try to
appeal anything you should ask the local judge to reconsider his
decision for the above reasons. If you fail to do that the appellate
court will pitch you. What the judge is doing is seeing if you know
any procedure. You will have to get up to speed on affidavits and
how they work as the record of the court. You need to get an
affidavit in - an unrebutted affidavit stands as the record of the
court. If you dont know much procedure you better get hold of
somebody who does. Also a good case to remember if you do not have a
lawyer is Hains v. Kerner. It says that a pro se litigitant is not
held to the same standards as a lawyer. It will help you all the
way. Hope this helps.
--- In email@example.com, "txsailorboy"
> Tomorrow I go to court.
> Can anyone cite a Texas case or a U.S. 5th circuit or
Supreme court case that parallels HOLCOMB v.WYCKOFF --where a
collector is not entitled to collect on a debt more than
what he paid for it? Thanks
> Maybe just in time. I have a cc issue in court
tomorrow. They never answered discovery. I wanted the
tansaction ledger that would show where they put money from
their account into mine to pay the merchants. Of course they
couldn't do this. Then i asked for a certifed verifiable
contract between me and the collector---the CC's charged it
off two years ago. They only sent copies of an application
with my purported signature. This is the 2nd collector. The
first filed motion to substitute counsel--so don't know if
it&nb sp; was sold or assigned or what.-- Again discovery has
been denied in favor of a summary judgement via summissions.
I understand the void judgement concept--so far the only
thing close to a 1st hand credible witness against me is a
copy of an affidavit of an officer of the company that is
merely conclusory. He has no 1st hand knowledge of the
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