Private criminal compliant from Bank

[faithchris2]

What is the name of your state?PENNSYLVANIA
Hi, I have received in the mail a Private Criminal Compliant from a bank however it is there lawyer that is doing this and his name does not appear on the compliant can he hide behind the banks name if he is a debt collector ?? I have won twice with this bank in civil court and now this is there only option and frankly I am tired of this. I want to subpeona the car title and the original documents instead of all there copies. Can I do this and will a court order them to do it? I know they say copies are suffiencent but this has gone on long enough and with the orginals I know it will end it once and for all. I must admit he was quite inventive with this charge of Title 18 3927 A. I have never seen it used in this type of case before. They say I owe them money on a car and I say no I don't. I cannot prove it and either can they.

 

[Bravo8]

Well, I can find nothing requiring the actual victim in the case to file a private complaint. The attorney, acting as an agent of the bank, could seemingly file the complaint - just as I, acting as a private citizen, could file the complaint if I have knowledge of criminal activity, even if I am not directly involved.

Yet, your case sounds civil in nature to me, and I am certain would be dismissed if brought before a Magistrate in my county. I agree that the section charged sounds like a bit of a stretch, but I cannot find anything prohibiting the filing of criminal charges in a breach of contract type scenario.

As for requesting the originals as opposed to copies, I don't know if if Judge will honor your request, but what difference does it make? How will the originals have any more impact, provided the copies are an exact copy?

 

[faithchris2]

The original documents tell all. In a book from the American Bankers Association I have read that when you sign your signature they take that signature and create an account for say the account was open for 1.00 and they will then put my signature in for 2.00, 1.00 for Assets of the bank and the other 1.00 for liability. That means that from my signature the bank has raised its assets by 2.00 without putting up a penny of there money. The contract will not be as it was when I signed it. It will say Pay to the Order of. So..
1. The contract was changed after I signed it.
2. The bank did not disclose there fraud to me.
3. Why or how can it be that a bank can ask me to then pay them for money they never lent and charge me interest that would add up to 3.00 in the account for the banks all because I signed for a loan.

I would not have gone this far or even done anything about checking into the laws however when I was strapped for cash, I called the bank and asked if I could make a partial payment that month and pay the rest the following month and I had excellent credit. They told me they would repossess the car if I did not pay the entire monthly payment. I tried to make a good Faith effort on my part and they would not accept it. I tried to work something out with them and they sent a repossessor to my house. That was not good business and I would not allow them the car and asked for FDCPA information and they refused to answer any questions reguarding my account and it is law that they answer these questions.
My take on this is they Breach the contract by not fully disclosing the information in the contract and with my good faith effort they acted in Bad Faith. I wanted to honor the debt and they would not allow me to. That is why I want to see the originals and they know it.
The other reason is that there is no money this country is run on debt and debt alone.

 

[faithchris2]

Private criminal compliant and I am starting to understand

PA State, Hi okay I am understanding why they have charged me and do not feel it is totally just. Once the Attorney from the bank got the judgment against me for the money of the car then got a judgment for the car as well. HMMM not sure how they can have two judgments for the same thing but they do. I did not turn over the vehicle to the sheriff I did not know where it was at the time and told them that on the stand (I told them I did not want to know so I would not lie on the stand to the court) My mistake was having somebody hide the car and hide it in such a way I did not know anything about it or who hid it. Now, If the judge would have taken my case and seriously! I may not be in the trouble I am in now. I had good papers filed and good cases and good PA laws to back up my arguement all of which were stated to be frivolous by the judge. He also told the attorney for the bank to file criminal charges against me (I have it on a transcript from the hearing). I am filing a FDCPA law suit and I am also asking the judge to be taken off the case since he is practicing law without a license. Once he became judge he gave up his bar card for practicing law until he is no longer on the bench. My problem now is the district attorney (whom told me he was out to make me pay for the hoops I put them thru legally meaning the bank and there attorny's) and judge told me not to come back without a lawyer they will not talk to me either. That isn't correct either? I would have never done any of this if I thought I could go to jail or was breaking the law. So, I am so confused if I follow the system by there laws I still get screwed. Any ideas. I will not plead this case out since I am not guilty of a felony I am only guilty of ignorance at best and maybe being to smart I am not sure which. Bobbie

 

[AmosMoses]

I have won twice with this bank in civil court

My problem now is the district attorney (whom told me he was out to make me pay for the hoops I put them thru legally meaning the bank and there attorny's) and judge told me not to come back without a lawyer they will not talk to me either.

To be totally frank with you, I had an extremely hard time following your commentary in this thread. However, considering the above quotes, combined with the rest of your posting, I would have given anything to be there and see all of that! I bet they HATE to see you coming!!

I will not plead this case out since I am not guilty of a felony I am only guilty of ignorance at best and maybe being to smart I am not sure which. Bobbie

Well, Bobbi, I give you a big thumbs up! I wish I could give you more!!

 

[faithchris2]

PA Hi Amos Moses, Hate me you know it. I am in a small town also so which makes it even more NOT FUN or maybe it is fun. In the end God will be the judge and I know I am correct. The judge is going to be really pissed when I don't stand up for him to enter either. I will only stand for the presence of God not some man in a robe. Unless he is carring the Bible with him then I would stand. Now, I found a really good ally in all of this a friend of mine is fighting the same thing (but different zoning laws) in the same court and using the same laws I am and yes they don't like us. Sadly the justice system is made in such a way they cannot protect themselves if charges are filed against them there laws are to only protect us. They told me I could not charge the State of PA and I know I can and I did and that pisses them off but what they are doing is ignoring it. They ignore it as long as they like but when pay up time comes I may be a rich woman for this unfair treatment. Sadly I may have to served some jail time in the meantime BUT THERE IS NO DEBTORS PRISION so they just trump you with a criminal charge to take it out of civil. Slick little buggers they are!
Oh BTW if you ever in a car accident sue the State you live in as well for they are the real owners of all cars. If people start doing this maybe they will allow us to own something of our own. Remember you only have the Certificate of Title and the State has the real one. Same as your home. What ever happens to your home sue the state since they want to own it and use this new law of eminent domain. Just a thought. Bobbie

 

[faithchris2]

I had an extremely hard time following your commentary in this thread. However, considering the above quotes, combined with the rest of your posting

Sorry about the hard time following it is just there is so much on my mind and it is not easy to set it up in one paragraph so I get carried away.

 

[AmosMoses]

I wish you luck....however, be real careful....now that this is a criminal charge you do have more to lose. Obviously, you really do need a lawyer now.

 

[faithchris2]

Yes Love your right and I have hired one but he wants me to plead it out. I have trouble with saying I am guilty if I had not intention of doing any harm nor stolen anything nor cheated or lied to them, I have never broken the law and always had a perfect record and it kills me to think I would say I am guilty if I am not and my children to see this. I am willing at this point and the lawyer is also (with no guarantees) to help out on this but it will take about 4000.00 to have him help me and the funny thing is I have to show him the laws and the cases I have researched to find my information to help my case. Thank God for the law libraries and librianians that work there. I know under this charge there are four elements they have to meet and I don't meet them only one MAYBE. But, they want my butt and I have to be careful so your correct thanks for the good advise I am one step ahead at this point on that one. I just don't get it and I won't stand for it without a fight.
I read your post about the women hypervenalating and getting arrested, I must say you have a very good imagination to put that one together as well as you did LOL.
Thanks Monday is my so called plea day and trial is Aug. 8th so thanks for the well wishes.
God Bless Bobbie