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

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  • Advancepum@aol.com
    In a message dated 7/31/2003 11:13:54 PM Central Daylight Time, bigdave72u@yahoo.com writes:
    Message 1 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 2 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 3 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 4 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 5 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 6 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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