What is the name of your state? CALIFORNIA (SAC / BAY AREA) When my wife suffered a major illness and I became her caregiver I wrote the credit card companies and told them I was not able to continuing to pay as I was no longer able to work and take care of my wife's needs 24 hours a day. All my assets where gone except the equity in my home and my only income from then on was going to be social security.
I never accepted any offers banks made to help me i.e. reduced payments and interest which sounded too good to be true - and was. (If I had I would have made a new agreement that any court would automatically have held was an account stated.
I was sued - in eight cases for collection of credit card debt. Two of them went away after I answed the complaint, the court entered a judgment in my favor in one case, I have two trials yet to go and have three cases in appeal to the Appellant Division of the Superior Court - all for amounts under $12,000.
I had several defenses most of which the court would not hear and I am not an attorney and did not know how to get judicial notice of the vast amount of information that shows that the credit card banks have sold the account balances when the securitize the accounts and they do not own the accounts - and are trying to get paid for something that does not belong to them. (a real scam) (a scam after schemes i.e. when they offer people deals in order to get default judgements on accounts that have become accounts stated (which is a new agreement not subject to any defense)
I have a mountain of proof that I hope the appellant court will take judicial notice of that shows most all credit card banks have sold all of about 10 to 20 percent of their account balances as of any one time. They claim they own the account and they do but they have sold the account balances and continue to maintain a relationship with the cardholder and service the accounts
This is all rather straight forward and therer should be a lot of cases across the county that hold that the bank can not collect when they do not own the account balance. The collection attorneys dance around the question and claim this is just something from out of left field I have dreamed up to keep them from making a living in which they target a lot of poor people who are unable to defend. (how can they sleep nights knowing they are wrong and are the bad guys?) I have a moral obligation to pay my debts but I think that means paying the right guys and not those who would run a scam like this one. - Of course that is only one of many such scams - I understand they do the same with student loans.
If there anyone out there that knows of any cases that will help? Anyone out there that wants to sue the banks in federal court for frivolous litigation? Anyone out there that wants to sue the attorneys that target poor people who are unable to defend? Anyone out there that wants to change the world by having the U.S. Supreme Court rule that in civil defense all people should stand equal before the court - you should not have to hold up a bank in order to be entitled to representation before the court! I love the law but hate to see what is happening in our courts. Civil justice could do much to reduce the amount of crime amoung the disadvantage. "When the courts serve unscrupoulous (big interests) they become instruments of oppression as threatening as the crimminal court and the jailor. Economic imprisonment can affect one's freedom every bit as much as the criminal process." (quote from Whitney North Seymour's book)
Thanks for whatever. I would appreciate the help with a case or cases I can use to support my case / cases.
I never accepted any offers banks made to help me i.e. reduced payments and interest which sounded too good to be true - and was. (If I had I would have made a new agreement that any court would automatically have held was an account stated.
I was sued - in eight cases for collection of credit card debt. Two of them went away after I answed the complaint, the court entered a judgment in my favor in one case, I have two trials yet to go and have three cases in appeal to the Appellant Division of the Superior Court - all for amounts under $12,000.
I had several defenses most of which the court would not hear and I am not an attorney and did not know how to get judicial notice of the vast amount of information that shows that the credit card banks have sold the account balances when the securitize the accounts and they do not own the accounts - and are trying to get paid for something that does not belong to them. (a real scam) (a scam after schemes i.e. when they offer people deals in order to get default judgements on accounts that have become accounts stated (which is a new agreement not subject to any defense)
I have a mountain of proof that I hope the appellant court will take judicial notice of that shows most all credit card banks have sold all of about 10 to 20 percent of their account balances as of any one time. They claim they own the account and they do but they have sold the account balances and continue to maintain a relationship with the cardholder and service the accounts
This is all rather straight forward and therer should be a lot of cases across the county that hold that the bank can not collect when they do not own the account balance. The collection attorneys dance around the question and claim this is just something from out of left field I have dreamed up to keep them from making a living in which they target a lot of poor people who are unable to defend. (how can they sleep nights knowing they are wrong and are the bad guys?) I have a moral obligation to pay my debts but I think that means paying the right guys and not those who would run a scam like this one. - Of course that is only one of many such scams - I understand they do the same with student loans.
If there anyone out there that knows of any cases that will help? Anyone out there that wants to sue the banks in federal court for frivolous litigation? Anyone out there that wants to sue the attorneys that target poor people who are unable to defend? Anyone out there that wants to change the world by having the U.S. Supreme Court rule that in civil defense all people should stand equal before the court - you should not have to hold up a bank in order to be entitled to representation before the court! I love the law but hate to see what is happening in our courts. Civil justice could do much to reduce the amount of crime amoung the disadvantage. "When the courts serve unscrupoulous (big interests) they become instruments of oppression as threatening as the crimminal court and the jailor. Economic imprisonment can affect one's freedom every bit as much as the criminal process." (quote from Whitney North Seymour's book)
Thanks for whatever. I would appreciate the help with a case or cases I can use to support my case / cases.