New Post/Thread Notification: CreditWrench

Hello,

Creditwrench has just posted in the CreditWrench forum of CreditWrench under the title of Served with a Summons today.

This thread is located at http://www.creditwrench.com/consumers/showthread.php?threadid=734

Here is the message that has just been posted:
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Your correct about the other procedures, other than just disputing. If they can't validate the debt (signature on the original contract) and only verify the debt (copy of statement) and the original address of the original creditor will this be enough to win a judgement ?
Seems to me that you are making some statements there that just won't hold up. (signature on the original contract) has absolutely nothing to do with validation of a debt. Your next phrase, (copy of statement) does not "verify a debt" is also totally incorrect. Put together they are very misleading. To a newbie it would probably seem that you really know what you are talking about and putting out information that they really like to hear. Just imagine!

If they don't have a copy of a contract with my signature on it and they don't have a copy of a statement they can't get a judgment against me and of course that is total hogwash.

People need to understand that in most courts the mere fact of a plaintiff's attorney filing a lawsuit against "Average Joe" is more than enough to establish the presumption that "Average Joe" has unjustly enriched himself at Poor Plaintiff's expense and that is a wrong which the Honorable Judge Belch is dooty bound to remedy at all costs. Judge Belch don't really care whether Poor Plaintiff has any evidence or not. Judge Belch don't really care whether Poor Plaintiff has any contract or not. After all, Poor Plaintiff is usually a nationally known bank or collection agency and everybody knows they don't lie, don't accuse people falsely and do great public services.

So Average Joe is at a huge disadvantage at the outset because the court has a mindset against the bum. And that is not to say that Judge Belch is crooked, dishonest, corrupt or anything else.

If Average Joe wants to win he is going to have to do some pretty fancy hoop jumping unless he can prove beyond a shadow of a doubt that he already paid the debt or is not the person Poor Plaintiff thinks he is. Frivolous arguments such as you suggest are not normally going to win the day in court.

Average Joe is going to have to know his rules of civil procedure, know the causes of action, and understand the difference between a competent witness or proper affidavit and heresay. He is going to have to understand how to prepare a proper answer to the court and find the defects in Poor Plaintiff's arguments and even that isn't likely to be enough to beat Poor Plainiff in court before Judge Belch for the simple reason that Judge Belch don't want to waste a lot of time listening to Katz & Katz (http://www.freep.com/news/locoak/katz3e_20050803.htm) and Average Joe blowing hot air back and forth bickering over the finer points of law.

So the only real hope Average Joe has is to prove to Judge Belch that Poor Plaintiff and Katz & Katz (http://www.freep.com/news/locoak/katz3e_20050803.htm) have wronged him woefully, broke the law and denied him his rights under the law as well as having harassed him unmercifully and are now before the court guilty as sin while trying to collect a totally unreasonable amount of money and at usurious rates of interest.

Average Joe simply isn't going to get that done by hollering about their not verifying the debt. It takes a lot more than that to win.
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