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Re: [tips_and_tricks] More bad news, so I need some help.

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  • Richard Johnson
    Good morning Sir Yyou wrote: I just received a Civil Summons from one of my creditors CitiBank. I have 30 days in which to respond. Ahhh ... the Citi that
    Message 1 of 12 , Aug 1, 2003
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      Good morning Sir

      Yyou wrote:
      " I just received a Civil Summons from one of my creditors CitiBank. I
      " have 30 days in which to respond.

      Ahhh ... the Citi that never sleeps

      " They want me to serve a copy of my written answer to the complaint.
      " So what do I tell them, how do I reply? (I would like to tell them to
      " go to Hell).

      I'm about to leave for a couple of days, so I can't help you immediately,
      but since you want to fight, get a few things in order:

      All the bills you ever paid to them
      Any correspondence between you
      Any challenges you made to the debt's validity

      Rough out a timeline, when you got the card, when you used it, when you
      discovered it was a fraud, when you first challenged them, their response,
      etc.

      Make a rough draft of your side of the story. Just spend an hour or two
      and write out why y ou think they should not be paid. Futher, if they have
      hurt you in any way, write that out too. Separately. Don't do anything
      with all of this yet. We'll look it over next week.

      THEN:

      Go online and see if your state has rules of the court (county) online. If
      not, you'll have to go see your friendly county court's clerk and ask
      him/her where to obtain a copy of the rules of the court. YOU MUST HAVE
      THESE! They'll say how much your filings will cost, timelines, etc.

      I'll write again about Tuesday or Wednesday and we can move on from there.
      With luck, maybe someone else can help you too.

      --
      Richard Johnson richard@...
      Cuis custodiet ipsos custodes? Cui bono?
    • Stub & Colleen Harvey
      [Defendant] [Address] [City state zip] [Debt Collector] [Attorney] [Address] [City state zip] [Phone] [Date] Re [collector] vs. [Subscriber]; Case
      Message 2 of 12 , Aug 1, 2003
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        [Defendant]

        [Address]

        [City state zip]



        [Debt Collector]

        [Attorney]

        [Address]

        [City state zip]

        [Phone]



        [Date]



        Re [collector] vs. [Subscriber]; Case No. _____



        Hello [attorney]



        Please find the enclosed Motion to Dismiss.



        Best regards,







        [Defendant]



        COURT

        STATE

        [BANK]
        PLAINTIFF,
        v. Case No.: _________
        [DEPOSITOR]

        DEFENDANT.

        ______________________________________/

        MOTION TO DISMISS
        Now comes Defendant, hereby respectfully moves this court to dismiss
        Plaintiffs complaint for the reasons stated herein, to wit:

        1. Counter plaintiff's complaint fails to state cause of action or a claim
        upon which relief can be granted.

        . The complaint is not supported by any written instrument. The nature
        terms for purported "agreement" are not specified. The terms of agreement
        related to purported obligation to pay are not specified. In fact, there is
        no agreement. The compliant is frivolous, insufficient and fails on its
        face. For all we know this purported agreement could have taken place in
        1912, could have concluded in 1912, could have been breached in 1912, we don
        't know, the complaint does not say and the record doesn't show it. The
        compliant fails to identify a specific date upon which the purported
        agreement was commenced.

        2. This court lacks jurisdiction because the complaint is not sufficient to
        invoke the courts jurisdiction. The complaint fails to allege any valuable
        consideration for the purposed agreement. The complaint fails to allege
        whether or not purported agreement is in a class of contracts required to be
        in writing. The complaint contains no allegation establishing whether or not
        the counter plaintiff has any standing or status to maintain an action in
        this court. What if the purported agreement took place in South America?
        Would this court be the proper venue or jurisdiction? We don't know, the
        complaint does not say.

        WHEREFORE defendant respectfully requests an order dismissing Counter
        plaintiffs complaint.

        DATED this ___ day of [month] [year].

        ______________________________

        [Depositor]

        [Address]

        [City state zip]

        [Phone]



        COURT

        STATE

        [BANK]
        PLAINTIFF,
        v. Case No.: _________
        [DEPOSITOR]

        DEFENDANT.

        ______________________________________/

        PURPOSED ORDER
        Upon Defendants motion, and review of the record, the court having been
        properly advised in the premises,

        IT is hereby ORDERED and ADJUDGED;



        Plaintiff's complaint is dismissed with Prejudice.





        _________________

        Hon. Judge



        Copies to:

        Plaintiff's attorney

        [Name]

        [Address]

        [City state zip]

        [Name of Defendant]

        [Address]

        [City state zip]



        CERTIFICATE OF SERVICE

        I __________ hereby certify that a true and correct copy of the
        foregoing was sent to Plaintiff, by first class mail addressed to:
        [Attorney] at: [Address], on this ___ day of [Month], [Year].

        BY: __________







        ----- Original Message -----
        From: "Big Dave" <bigdave72u@...>
        To: <tips_and_tricks@yahoogroups.com>
        Sent: Thursday, July 31, 2003 8:53 PM
        Subject: [tips_and_tricks] More bad news, so I need some help.


        > I just received a Civil Summons from one of my creditors CitiBank. I
        > have 30 days in which to respond.
        >
        > They want me to serve a copy of my written answer to the complaint.
        > So what do I tell them, how do I reply? (I would like to tell them to
        > go to Hell).
        >
        > I don't have anything left of value, so them sueing me would be
        > senseless. Most of the bloodsuckers have already cleaned me out.
        >
        > Once again, any and all help will be greatly appreciated.
        >
        > Dave
        >
        >
        >
        >
        > To unsubscribe from this group, send an email to:
        > tips_and_tricks-unsubscribe@yahoogroups.com
        >
        >
        >
        > Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
        >
        >
        >
      • Don Schwarz
        I would suggest, that you make your objection known in a timely manner. That which you do not object to, you accept. Not objecting, may have long arms into
        Message 3 of 12 , Aug 1, 2003
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          I would suggest, that you make your objection known in a timely manner.

          That which you do not object to, you accept.

          Not objecting, may have "long arms" into your future.

          It is only presumed that what the bank is doing is lawful.

          If you do not object now, you'll have no standing later on.




          At 01:53 AM 8/1/03 +0000, you wrote:
          >I just received a Civil Summons from one of my creditors CitiBank. I
          >have 30 days in which to respond.
          >
          >They want me to serve a copy of my written answer to the complaint.
          >So what do I tell them, how do I reply? (I would like to tell them to
          >go to Hell).
          >
          >I don't have anything left of value, so them sueing me would be
          >senseless. Most of the bloodsuckers have already cleaned me
          out.
          >
          >Once again, any and all help will be greatly appreciated.
          >
          >Dave
          >
          >
          >
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        • conecuhdan@wmconnect.com
          Above all, answer timely and if nothing else deny the assertions and demand proof of their claims. This will at least buy you some more time. Don t answer
          Message 4 of 12 , Aug 1, 2003
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            Above all, answer timely and if nothing else deny the assertions and demand proof of their claims. This will at least buy you some more time.  Don't answer until you have about five days left as answering sooner, you will lose about two weeks time to do your research and education.
            Dan
          • Advancepum@aol.com
            In a message dated 7/31/2003 11:13:54 PM Central Daylight Time, bigdave72u@yahoo.com writes:
            Message 5 of 12 , Aug 2, 2003
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              In a message dated 7/31/2003 11:13:54 PM Central Daylight Time,
              bigdave72u@... writes:

              <<
              I just received a Civil Summons from one of my creditors CitiBank. I
              have 30 days in which to respond.

              They want me to serve a copy of my written answer to the complaint.
              So what do I tell them, how do I reply? (I would like to tell them to
              go to Hell).

              I don't have anything left of value, so them sueing me would be
              senseless. Most of the bloodsuckers have already cleaned me out.

              Once again, any and all help will be greatly appreciated.

              Dave

              >>
              DID THEY SEND YOU A LETTER TELLING YOU THAT THEY WERE GOING TO DO THAT?
            • Sterling W Wyatt
              ... And I see some responses that should be helpful. I also suggest you find out what you don t KNOW about your situation - that is provided in the summons
              Message 6 of 12 , Aug 3, 2003
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                At 01:53 AM 8/1/03 +0000, you wrote:
                >I just received a Civil Summons
                from one of my creditors CitiBank.
                 
                And I see some responses that should be helpful.  I also suggest you find out what you don't KNOW about your situation - that is provided in the summons and civil charges sent to you,
                 
                A good way for a beginer at this stuff to start (I still do this too!) is to make a complete copy of what is in hand.  Then set aside the original and sit down with your copy and a set of colored highliters in hand.  Start at the very top and go to the very end - highliting as you read thru SEVERAL times with the following color code (or as you otherwise choose) being applied in steps:
                 
                First pass:  With (light) BLUE in hand, completely apply to any word or phrase you do not FULLY & COMPLETELY - 100% understand.  NO GUESSING.  This tells you what you have to look up right away - legal words of art & cases cited, whatever!  I usually make a seperate check-off list of these items if very many.
                 
                Next pass: PINK (or pale red):  to phrases & sentences thatOBVIOUSLY requires an answer and rebuttal.  Number EACH item - use same uumber on repeated items.  No need to color EVERY word of a passgae so color the first few words and last few words in the passage - connected by a narrower line thru (or under) all the rest.  When finished, compile a seperate summary sentence for each numbered item.  If this results in a purple passage - pay special attention to understanding this item EARLY on.
                 
                &/or  ORANGE:  MAY require a rebuttal.  mark as above.
                 
                &/or any other color [except YELLOW!]  to highlite anything else of particulr interest.
                 
                Remaining UNMARKED passages should be B.S & filler - perhaps associated with another color - or just so much 'word count for lawyer bucks' - but reread to be sure pink or blue may not be appropriate.
                 
                ******
                YELLOW:  As definitions, etc or answers are collected, apply yellow over the blue or  pink passages - creating green and orange to help keep track of your addressing the complete document(s).
                ******
                This should sharpen your focus and your questions.  ( and hopefully get you in a legal and factual mindset before you continue.  Now use the other help you got - or are getting.  DO NOT jump into using pre-conceived ideas until YOU and your advisor(s) agree that the particular idea DOES apply for you.
                 
                It is not luck that counts here - it is just plain persistence at learning what you are required to do - and doing it as best you can within the time available!  Three out of four folks that I try to help are just unwilling to do what is required.  They would rather gripe than study and ask questions; -- and get someone to provide some magic bullet at the last minute.
                 
                Please do what you are told to do - immediately!
                 
                Sterling Wayne, Wyatt
                 
                 
              • Big Dave
                This is what they are asking.... Wherefore, Plaintiff prays for judgement against Defendant in the amount of $9,000... plus interest at the rate of 8.oo% per
                Message 7 of 12 , Aug 3, 2003
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                  This is what they are asking....
                  Wherefore, Plaintiff prays for judgement against Defendant in the
                  amount of $9,000... plus interest at the rate of 8.oo% per anum from
                  the date of Judgement and thereafter until paid, and the costs of
                  this action, including reasonable attorney fees as provided by G.S. 6-
                  21.2.


                  Pretty clear, huh?

                  Dave


                  > I don't have anything left of value, so them sueing me would be
                  > senseless. Most of the bloodsuckers have already cleaned me out.
                  >
                  > Dave
                  >
                  > >>
                  > DID THEY SEND YOU A LETTER TELLING YOU THAT THEY WERE GOING TO DO
                  THAT?
                • Big Dave
                  Thank you! Very good suggestions, and for me focus is a problem so your ideas will certainly help. Dave ... you find ... the ... too!) is ... original ...
                  Message 8 of 12 , Aug 3, 2003
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                    Thank you! Very good suggestions, and for me focus is a problem so
                    your ideas will certainly help.

                    Dave

                    --- In tips_and_tricks@yahoogroups.com, Sterling W Wyatt
                    <swwyatt@j...> wrote:
                    > At 01:53 AM 8/1/03 +0000, you wrote:
                    > >I just received a Civil Summons from one of my creditors CitiBank.
                    >
                    > And I see some responses that should be helpful. I also suggest
                    you find
                    > out what you don't KNOW about your situation - that is provided in
                    the
                    > summons and civil charges sent to you,
                    >
                    > A good way for a beginer at this stuff to start (I still do this
                    too!) is
                    > to make a complete copy of what is in hand. Then set aside the
                    original
                    > and sit down with your copy and a set of colored highliters in
                    hand.
                  • JD
                    Just because they get a judgment, doesn t mean you have to pay. Remember, the SC stated that one does not have to give information in any format, whether
                    Message 9 of 12 , Aug 4, 2003
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                      Just because they get a judgment, doesn't mean you have to pay.  Remember, the SC stated that one does not have to give information in any format, whether civil or criminal, formal or informal, if one feels that any information given in any litigation can be used as evidence in any future civil or criminal actions against him.  (Lefkowitz vs. Turley, 414 US 70 at 281).
                      ----- Original Message -----
                      From: Big Dave

                      This is what they are asking....
                      Wherefore, Plaintiff prays for judgement against Defendant in the
                      amount of $9,000... plus interest at the rate of 8.oo% per anum from
                      the date of Judgement and thereafter until paid, and the costs of
                      this action, including reasonable attorney fees as provided by G.S. 6-
                      21.2.


                      Pretty clear, huh?

                      Dave

                       
                      >  I don't have anything left of value, so them sueing me would be
                      >  senseless. Most of the bloodsuckers have already cleaned me out.

                      >  Dave

                      >   >>
                      > DID THEY SEND YOU A LETTER TELLING YOU THAT THEY WERE GOING TO DO
                      THAT?



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                    • Richard Johnson
                      On Sunday 03 August 2003 19:26, Big Dave wrote: This is what they are asking.... Wherefore, Plaintiff prays for judgement against Defendant in the amount
                      Message 10 of 12 , Aug 5, 2003
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                        On Sunday 03 August 2003 19:26, Big Dave wrote:
                        " This is what they are asking....
                        " Wherefore, Plaintiff prays for judgement against Defendant in the
                        " amount of $9,000... plus interest at the rate of 8.oo% per anum from
                        " the date of Judgement and thereafter until paid, and the costs of
                        " this action, including reasonable attorney fees as provided by G.S. 6-
                        " 21.2.
                        "
                        "
                        " Pretty clear, huh?

                        Look over the entire complaint _very_ carefully. Does it say on it
                        anywhere, anything remotely like "plaintiff has been harmed by the
                        defendant by ... "?

                        This is crucial. They must show that they were harmed by you and how.
                        Most of the time they don't claim that--they only claim a breach--and it's
                        one of the easier poits to prove. It alone is usually insufficient though
                        since courts are biased toward collecting.

                        If they withheld material information, then no contract existed. If no
                        contract existed, what was there to breach? If no contract existed, why
                        did you pay them money? (Did you?) Do you want it back now?

                        Now ... How clear is your concience? Did you get into this mess expecting
                        to have trouble? Did you make amistake? Do you have some agreement you
                        feel morally obligated to fulfill? You need to decide not only whether you
                        are legally justified, but whether you are morally justified. At least I
                        had to decide that. Since I'm pretty clear now about how they attempted to
                        defraud me, they can't use my "conscence" as a weapon against me.

                        --
                        Richard Johnson richard@...
                        Cuis custodiet ipsos custodes? Cui bono?
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