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One thing that has worked in court for Credit card collection....

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  • Legalbear
    ... The Demur s have not worked in court with regard to credit card debt... The ONLY thing I know of that makes the debt go away and provides you something
    Message 1 of 1 , Dec 5, 2004
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      --- Anthony wrote:
      The Demur's have not worked in court with regard to credit card
      debt...

      The ONLY thing I know of that makes the debt go away and
      provides you something (dismissal) to clear your credit is to
      deny the account in court... In discovery, you have the right to
      ask for a copy of the original signed application /
      contract...and copies of the individual charge slips (the only
      evidence of indebtedness) for the following two reasons... 1) so
      you / the court can see how the plaintiff determined the total
      amount of the claim and 2) so you have an opportunity to dispute
      any of the individual charges.. Once the court orders the
      plaintiff to provide these very reasonable things and they fail
      to produce them.. You put in a "Motion for Sanctions" below...


      MOTION FOR SANCTIONS


      COMES NOW , pro se, defendant, does
      hereby state that the court did direct Plaintiff to disclose of
      all types and nature, including but not limited to individual
      charge slips and any and all documentation evidence that showed
      an indebtedness by Defendant to Plaintiff.


      The production of these documents by the order of the court,
      were to be given to Defendant not later than the
      day of March 2003.


      Plaintiff has failed to follow this courts direction and the
      Defendant seeks sanctions against Plaintiff for their willful
      wanton disregard of the courts order.


      This Defendant as provided by Supreme Court rules hereby
      requests that sanctions be issued against Plaintiff by ordering
      a dismissal of Plaintiffs law suit or in the alternative, to
      preclude the admission of any evidence of alleged charge slips
      made by Defendant on the alleged credit card.


      Justice requires as well as rules of discovery a full and open
      disclosure of material and relevant items of evidence. The items
      of evidence requested by Defendant are compelling material and
      relevant.


      WHEREFORE Defendant hereby requests this court to strike and
      dismiss Plaintiffs petition, or in the alternative to preclude
      any evidence or testimony regarding any alleged charges or
      indebtedness by Defendant on the alleged credit card.

      PHONE #s: 970-330-3883/720-203-5142 c.

      For mailing: Excellence Unlimited, 2830 27th St. Ln. #B115, Greeley, CO
      80634

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