credit card hearing defense

[blove29]

What is the name of your state (only U.S. law)? Texas

I have a hearing in 1 week in regards to a default judgement for a bad credit card debt.

My defense will be that the credit card loans were made and represented
as unsecured loans which grants the creditor no right to restitution via
court action or a judgment process since they are trying to obtain security
for the debt; and that any recovery statement on their contract is
invalidated by the fact that they represented the loan as unsecured.

How do you think that will be played out in court?

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas

I have a hearing in 1 week in regards to a default judgement for a bad credit card debt.

My defense will be that the credit card loans were made and represented
as unsecured loans which grants the creditor no right to restitution via
court action or a judgment process since they are trying to obtain security
for the debt; and that any recovery statement on their contract is
invalidated by the fact that they represented the loan as unsecured.

How do you think that will be played out in court?

Take your checkbook to court with you.

As a sidenote...since you are a shareholder in Citi, you'll be happy to know that your stock is up to $3 per share!!!!

 

[blove29]

Since I am a shareholder now, maybe that should be my defense and just tell them I wish to sell my shares.

 

[Antigone*]

Since I am a shareholder now, maybe that should be my defense and just tell them I wish to sell my shares.

No...since you are now a shareholder in the same way that I am, please pay what you owe because it will increase OUR shareholder value.

But if you want to look like an idiot, go ahead and use that as a defense.

 

[blove29]

I was being sarcastic

 

[Antigone*]

I was being sarcastic

You never know

 

[blove29]

Well, I was just being sarcastic about me selling my shares. But I think my original defense is a valid defense for all legal purposes.

 

[Antigone*]

Well, I was just being sarcastic about me selling my shares. But I think my original defense is a valid defense for all legal purposes.[/QUOTE]

I wouldn't bank on it; but then again you never know.

 

[cosine]

My defense will be that the credit card loans were made and represented
as unsecured loans which grants the creditor no right to restitution via
court action or a judgment process since they are trying to obtain security
for the debt; and that any recovery statement on their contract is
invalidated by the fact that they represented the loan as unsecured.

Obtaining relief through the court is exactly what the process is all about. You appear to have no defense.

How do you think that will be played out in court?

You might be giving the judge his best laugh of the year.

 

[TigerD]

I could be wrong, but it would seem to me that you first need to fight the default status of the judgment and then be prepared to argue your case defending the suit.

If your hearing is over the issue of whether a default judgment should have been awarded and you try to argue something else -- you will lose.

DC

PS: Of course, if you come back and claim to win, I can always go to court on a speeding ticket and try to argue that the Warren Commission was corrupt and the CIA was to blame...

 

[blove29]

Yes, my first dilemma is the default judgment. I sent a "notice of appearance" to the courts which I thought it meant I do not agree to the judgment and they cannot file a default. I thought it would buy me time to figure out how to put my "answer" together. I then filed an "answer" and it was a general denial of all claims. It has been recorded to the courts but noted that it was not in the 20 days.

So, the hearing will be whether or not they accept my answer, which they probably will I hope. And then my defense is noted above.

 

[Zigner]

Yes, my first dilemma is the default judgment. I sent a "notice of appearance" to the courts which I thought it meant I do not agree to the judgment and they cannot file a default. I thought it would buy me time to figure out how to put my "answer" together. I then filed an "answer" and it was a general denial of all claims. It has been recorded to the courts but noted that it was not in the 20 days.

So, the hearing will be whether or not they accept my answer, which they probably will I hope. And then my defense is noted above.

I read over your post and don't see any valid defense...

 

[Antigone*]

Yes, my first dilemma is the default judgment. I sent a "notice of appearance" to the courts which I thought it meant I do not agree to the judgment and they cannot file a default. I thought it would buy me time to figure out how to put my "answer" together. I then filed an "answer" and it was a general denial of all claims. It has been recorded to the courts but noted that it was not in the 20 days.

So, the hearing will be whether or not they accept my answer, which they probably will I hope. And then my defense is noted above.

https://forum.freeadvice.com/banking-credit-cards-18/default-judgement-456006.html

We went round and round with your "default judgment" dilemma. You didn't appear. Remember...you thought wrong.

 

[blove29]

Yes we went round and round on 'notice of appearance'. I do not think you understand what it is. It is a letter sent to the courts and not physically appearing at the courthouse.

Its the first step in telling the courts that you do not agree to the default judgment. There was never a a scheduled court date setup to actually appear in court by the plaintiff or the judge.

The only reason I am scheduled to appear next week in court is that I filed a 'motion for a hearing'.

 

[Texas Pooh]

We did go round and round, and, as I recall, I asked several specific questions about what was going on, procedurally, in your case which you apparently decided you didn't have to answer.

Be sure and let us know what happens next week .. because you are not even going to get to the point where you get to talk about your (invalid) defense. You are long past that point, as a judgment has been entered against you and your asking for a hearing is the completely wrong procedure. We would have been happy to assist you on that issue, but, alas, you failed to answer the questions.