F
FL Charles
Guest
Help question:
I need to find the format for writing a appeal and the format for writing a federal motion for injunction
against a Florida, Alachua County, court ruling. I have filed motions in the Alachua County courthouse.
Story:
I was embezzled by at least two of my employees. One employee is on five years probation. The other
employee did not it embezzled enough ($1000) and she was a divorced mother of two children for the state
attorney and I to file charges.
Persons or persons unknown hacked into my encrypted data file for my credit cards. These persons must have been employees because the only access to the secure file was in the server room. I filed affidavits stating that I did not make the charges listed on the credit cards. I filed affidavits stating that I did not even create or authorize the issuance of credit cards. The opposing attorney convinced to the judge that I was responsible for my employee's actions because I hired them. The judge agreed with the opposing attorney because he was an attorney and I was not. This judge does nothing but credit card cases for collection and has a friendly relationship with the collection attorneys that specialize in this area. I can not deal with this judge she is very discriminatory and prejudicial. I would like to file charges against the attorney for lying and the judge for allowing it.
I did not issue cards to my employees or authorized them to use my credit cards. I did, as part of their job, have them pay my card bills. I have dyslexia and have always used services or employees to pay my bills.
I have my suspicions that something was wrong with the credit card debt but I had no proof and I had never released any pin numbers etc., so that anybody could use my credit cards.
Persons or persons unknown also removed my administrative password from my server. My financial condition worsened rapidly and I had to sell equipment to survive. I did keep the hard drives from the systems I sold. When a customer
upgraded his systems he loaned me his older computers and I put the server drive in to the loaned computer. Because of Y2K I hacked into the server in December 1999 to update it. I removed all of the passwords except mine which now has administrative rights. When I checked the run log I found that and decryption program had been run on the system. The only encrypted file on the system was my credit card access information.
Also, the case information against the employee who got five years probation became available under the freedom of information act. I was able to read the confession document signed by this employee. In the document he stated that many other employees were in embezzling from me.
Law:
United States Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 41 - CONSUMER CREDIT PROTECTION
SUBCHAPTER I - CONSUMER CREDIT COST DISCLOSURE
Part B - Credit Transactions
Sec. 1643. Liability of holder of credit card
(a) Limits on liability
1) A cardholder shall be liable for the unauthorized use of a credit card only if -
(A) the card is an accepted credit card;
(B) the liability is not in excess of $50;
(C) the card issuer gives adequate notice to the cardholder of the potential liability;
(D) the card issuer has provided the cardholder with a description of a means by which the card issuer may be notified of loss or theft of the card, which description may be provided on the face or reverse side of the statement required by section 637(b) of this title or on a separate notice accompanying such statement;
E) the unauthorized use occurs before the card issuer has been notified that an
unauthorized use of the credit card has occurred or may occur as the result of loss, theft, or otherwise; and
(F) the card issuer has provided a method whereby the user of such card can be identified as the person authorized to use it.
(2) For purposes of this section, a card issuer has been notified when such steps as may be reasonably required in the ordinary course of of business to provide the card issuer with the pertinent information have been taken, whether or not any particular officer, employee, or agent of the card issuer does in fact receive such information.
(b) Burden of proof
In any action by a card issuer to enforce liability for the use of a credit card, the burden of proof is upon the card issuer to show that the use was authorized or, if the use was unauthorized, then the burden of proof is upon the card issuer to show that the conditions of liability for the unauthorized
use of a credit card, as set forth in subsection (a) of this section, have been met.
(c) Liability imposed by other laws or by agreement with issuer
Nothing in this section imposes liability upon a cardholder for the unauthorized use of a credit card in excess of his liability for such use under other applicable law or under any agreement with the card issuer.
(d) Exclusiveness of liability
Except as provided in this section, a cardholder incurs no liability from the unauthorized use of a credit card.
And:
Sec. 1645. Business credit cards; limits on liability of employees
The exemption provided by section 1603(1) of this title does not apply to the provisions of sections 1642, 1643, and 1644 of this title, except that a card issuer and a business or other organization which provides credit cards issued by the same card issuer to ten or more of its employees may by contract agree as to liability of the business or other organization with respect to unauthorized use of such credit cards without regard to the provisions of section 1643 of this title, but in no case may such business or other organization or card issuer impose liability upon any employee with respect to unauthorized use of such a credit card except in accordance with and subject to the limitations of section 1643 of this title.
I need to find the format for writing a appeal and the format for writing a federal motion for injunction
against a Florida, Alachua County, court ruling. I have filed motions in the Alachua County courthouse.
Story:
I was embezzled by at least two of my employees. One employee is on five years probation. The other
employee did not it embezzled enough ($1000) and she was a divorced mother of two children for the state
attorney and I to file charges.
Persons or persons unknown hacked into my encrypted data file for my credit cards. These persons must have been employees because the only access to the secure file was in the server room. I filed affidavits stating that I did not make the charges listed on the credit cards. I filed affidavits stating that I did not even create or authorize the issuance of credit cards. The opposing attorney convinced to the judge that I was responsible for my employee's actions because I hired them. The judge agreed with the opposing attorney because he was an attorney and I was not. This judge does nothing but credit card cases for collection and has a friendly relationship with the collection attorneys that specialize in this area. I can not deal with this judge she is very discriminatory and prejudicial. I would like to file charges against the attorney for lying and the judge for allowing it.
I did not issue cards to my employees or authorized them to use my credit cards. I did, as part of their job, have them pay my card bills. I have dyslexia and have always used services or employees to pay my bills.
I have my suspicions that something was wrong with the credit card debt but I had no proof and I had never released any pin numbers etc., so that anybody could use my credit cards.
Persons or persons unknown also removed my administrative password from my server. My financial condition worsened rapidly and I had to sell equipment to survive. I did keep the hard drives from the systems I sold. When a customer
upgraded his systems he loaned me his older computers and I put the server drive in to the loaned computer. Because of Y2K I hacked into the server in December 1999 to update it. I removed all of the passwords except mine which now has administrative rights. When I checked the run log I found that and decryption program had been run on the system. The only encrypted file on the system was my credit card access information.
Also, the case information against the employee who got five years probation became available under the freedom of information act. I was able to read the confession document signed by this employee. In the document he stated that many other employees were in embezzling from me.
Law:
United States Code
TITLE 15 - COMMERCE AND TRADE
CHAPTER 41 - CONSUMER CREDIT PROTECTION
SUBCHAPTER I - CONSUMER CREDIT COST DISCLOSURE
Part B - Credit Transactions
Sec. 1643. Liability of holder of credit card
(a) Limits on liability
1) A cardholder shall be liable for the unauthorized use of a credit card only if -
(A) the card is an accepted credit card;
(B) the liability is not in excess of $50;
(C) the card issuer gives adequate notice to the cardholder of the potential liability;
(D) the card issuer has provided the cardholder with a description of a means by which the card issuer may be notified of loss or theft of the card, which description may be provided on the face or reverse side of the statement required by section 637(b) of this title or on a separate notice accompanying such statement;
E) the unauthorized use occurs before the card issuer has been notified that an
unauthorized use of the credit card has occurred or may occur as the result of loss, theft, or otherwise; and
(F) the card issuer has provided a method whereby the user of such card can be identified as the person authorized to use it.
(2) For purposes of this section, a card issuer has been notified when such steps as may be reasonably required in the ordinary course of of business to provide the card issuer with the pertinent information have been taken, whether or not any particular officer, employee, or agent of the card issuer does in fact receive such information.
(b) Burden of proof
In any action by a card issuer to enforce liability for the use of a credit card, the burden of proof is upon the card issuer to show that the use was authorized or, if the use was unauthorized, then the burden of proof is upon the card issuer to show that the conditions of liability for the unauthorized
use of a credit card, as set forth in subsection (a) of this section, have been met.
(c) Liability imposed by other laws or by agreement with issuer
Nothing in this section imposes liability upon a cardholder for the unauthorized use of a credit card in excess of his liability for such use under other applicable law or under any agreement with the card issuer.
(d) Exclusiveness of liability
Except as provided in this section, a cardholder incurs no liability from the unauthorized use of a credit card.
And:
Sec. 1645. Business credit cards; limits on liability of employees
The exemption provided by section 1603(1) of this title does not apply to the provisions of sections 1642, 1643, and 1644 of this title, except that a card issuer and a business or other organization which provides credit cards issued by the same card issuer to ten or more of its employees may by contract agree as to liability of the business or other organization with respect to unauthorized use of such credit cards without regard to the provisions of section 1643 of this title, but in no case may such business or other organization or card issuer impose liability upon any employee with respect to unauthorized use of such a credit card except in accordance with and subject to the limitations of section 1643 of this title.