Screen Door Slams: 2009

Wednesday, September 30, 2009

WikiAnswers - What does a judgment mean on an unsecured credit card

WikiAnswers - What does a judgment mean on an unsecured credit card: "What does a judgment mean on an unsecured credit card?
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It means the creditor has won a lawsuit, been awarded a writ of judgment and can execute the judgment against non-exempt assets and property as defined by state law that belongs to the judgment debtor. The preferred method of executing a judgment is by wage garnishment, followed by bank account levy, the seizure and liquidation of non-exempt property and liens against real property. The state exemptions allowed for personal and real property when properly used can give the defendant/debtor considerable protection against the enforcement of a creditor judgment."

Tuesday, September 29, 2009

Request for Admissions, First Interrogatories to Defendant, Plaintiff's First Request to Produce Documents | HelpForDebtors.com

Request for Admissions, First Interrogatories to Defendant, Plaintiff's First Request to Produce Documents | HelpForDebtors.com: "Because you're in GA and Target is based in MN, any records presented in court can be challenged as hearsay as they likely will not have a witness appearing from MN. The attorney cannot simply offer statements from Target as competent legal evidence of the debt. They must be able to produce a witness with first hand knowledge that the records presented were maintained in the regular course of business. An affidavit can be attacked in the same manner.

They will file a motion for summary judgment before trial. You must be sure to file an objection to their motion based on the inadequacy of their evidence."

Answers to Request for Admissions? (NC Courts) - Bad Credit Repair Discussion Forum

Answers to Request for Admissions? (NC Courts) - Bad Credit Repair Discussion Forum: "Can someone please advise me how to answer this Request for Admissions? Thanks so much for any help offered.
Here is the copy:

These requests for admissions are served upon you pursuant to Rule 36 of the Rules of Civil Procedure. You remind that pursuant to Rule 37(c) of the Rules of Civil Procedure entitled “Expenses on Failure to Admit,” if you fail to admit the genuineness of any document or the truth of any matter as requested under Rule 36, and if the Plaintiff thereafter proves the genuineness of the document or the truth of the matter, the Plaintiff may apply to the Court for an order requiring you to pay the reasonable expenses incurred in making that proof including reasonable attorney fees."

Civil Complaint Advise Needed Please - Credit Talk Forum

Civil Complaint Advise Needed Please - Credit Talk Forum: "First, it is absolutely essential to find the courthouse and answer the summons. You can find ' templates ' for the correct format for the answer, and the answers need to be denials of virtually all the points except the obvious: your name, your address, etc. Everything else you answer with ' Denied ', and you file the answer with the county clerk's office on the summons.

Make sure you get a stamped and dated copy of your answer. If you ask the clerk they will sometimes tell you whether states laws compel you to send a copy of your answer to the plaintiff, whose address is on the summons.

There is a period of 10-20 days after your answer, then many other things begin to happen. If you answer immediately you actually give up two to three weeks on the time frame, because the plaintiff's time period starts when you answer, not at the end of the original 20 days in the summons. So you can eat up some time for your mortgage by answering at the END of the summon's time frame. Just don't forget to answer.

Let me know if you need the template for the answer."

Monday, September 28, 2009

Woman Boycotts Bank of America, Wins - ABC News

Woman Boycotts Bank of America, Wins - ABC News: "A California woman is being praised online as a modern-day folk hero after she led a successful one-woman boycott against one of the nation's biggest banks over what she called an unfair interest rate hike."

Debtor's Revolt: Woman Refuses To Pay Off Bank Of America Credit Card (VIDEO)

Debtor's Revolt: Woman Refuses To Pay Off Bank Of America Credit Card (VIDEO): "'Historically, powerful and arrogant corporations, often protected by lazy regulators, have ignored consumer complaints -- now social media tools are leveling the playing field for victimized consumers,' Mierzwinski wrote in an email to the Huffington Post. 'The old web 1.0 mybanksucks.com sites that no one found are being replaced with realtime viral outrage that will require big business to start treating consumers more fairly or pay the price.'"