Re: [tips_and_tricks] Re: HELP.....CITI BANK ...filed PLANTIFF'S MOTION FOR SUMMARY
- Comments inserted below.
----- Original Message -----
From: W. Nolen
Sent: Sunday, February 25, 2007 8:30 AM
Subject: Re: [tips_and_tricks] Re: HELP.....CITI BANK ...filed PLANTIFF'S
MOTION FOR SUMMARY
The lack of a full contract as an exhibit is just a "technical problem" in
their papers. They probably will be allowed to "amend" the complaint
and/or re-file with a new set of papers.
*** It might seem to be just a "technical problem" to you but they cannot
"fix" it because there is no signed contract. If you have a copy of a
signed credit card contract - especially from CitiBank - I would very much
like to see it. Also, it is almost certain that any "evidence" they submit
will be hearsay.
If it is a "credit card debt" like you say it is, these attorneys and others
like them nationwide, would only have to make a "motion for summary
judgment" alleging that since you didn't contest any of the charges on the
credit card (e.g. my credit card was stolen, etc.) then there is absolutely
no issue (fact) or law that the court need to address.
*** Whether or not one contests any of the alleged charges doesn't matter
because they are just that - "alleged" - charges until it is proven that you
had an agreement with them and that both parties agreed to the terms of that
agreement. Also, I've never heard of any CC company or bank ever proving
that they suffered a loss. I've seen them claim to have a loss but never
seen any proof submitted.
*** Now, you may think that it is obvious that a loss was suffered by the
bank but, if you believe that, you don't really understand how banks
operate. You may think it would be the same as if I borrowed money from you
and didn't pay you back. In such a case you would have indeed suffered a
loss and a look at your accounts would show you now have less than you did
*** However, if one were able to force a bank to reveal their records - I
don't know of anyone who has ever been sucessful in getting that done - you
would see that the banks accounts are NOT less than they were before, do you
If not, you need to read a little booklet put out by the Chicago Federal
Reserve Bank called "Modern Money Mechanics" where for some odd reason they
tell you how modern fractional banking works. This publication is no longer
produced by the fed, it caused way too many problems for them - it is still
available on the internet I believe - and they have even gone so far as to
tell people requesting it that "banking no longer works that way" as if they
suddenly changed the entire banking system and no longer use fractional