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Served a summons for a charged off credit card debt from a collection agency

This is a discussion on Served a summons for a charged off credit card debt from a collection agency within the Other Business & Finance Law Issues forum, part of the BUSINESS & FINANCE LAW category; My wife & I were served a summons for a charged off credit card debt from a collection agency. I ...

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Old Jun 17th, 2009, 01:12 PM   #1
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Confused Served a summons for a charged off credit card debt from a collection agency

My wife & I were served a summons for a charged off credit card debt from a collection agency. I know we have to answer this summons. Could you please give me some advise on what the answer should say? Thanks!
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Old Jun 17th, 2009, 01:35 PM   #2
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Default Re: Served a summons for a charged off credit card debt from a collection agency

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Old Jun 19th, 2009, 07:51 PM   #3
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Default Re: Served a summons for a charged off credit card debt from a collection agency

Make them prove these 3 things. if they can't. Debt is gone.
Send a letter to credit reprting agency's to remove bad marks from your credit report
cause the debt isn't valid(ated)

hxxp://xxx.spiritualeconomicsnow.net/solutions/How_I_08.pdf
Read the above PDF
I X'd out the tt and the www. Just change it.

1. validation of the debt (the actual accounting);
2. verification of their claim against me (a sworn affidavit or even just a signed invoice); and,
3. a copy of the contract binding both parties.
I was to write, as soon as I received these three documents, that I would be happy to pay any financial obligation I might lawfully owe.
The banks can’t validate the debt because they never sustained a loss; they can’t verify any claim against me because I am not the NAME they are billing - more on this later. They can’t produce a copy of the contract because one doesn’t exist. What exists is an unenforceable unilateral contract. What the banks refer to as ‘your contract with us’ is not a valid bilateral agreement since the four requirements of a lawful, binding contract were not met on the credit card ‘application’, namely:
1. Full Disclosure (we are not told that we are creating the credit with our signature);
2. Equal Consideration (they bring nothing to the table, hence they have nothing to lose);
3. Lawful Terms and Conditions (they are based upon fraud); and
4. Signatures of the Parties (corporations can’t sign because they have no right to contract as they are legal fictions). Credit cards are win/ win for the banks and lose/ lose for everyone else - it is the slickest con game on the planet.

My writing the letters worked for all but one account. The bank filed suit. I poured over all kinds of legal nonsense, none of which matters - how we handle banks now works beautifully, yet back in 1996, we were still fumbling - and so, since the card was in a NAME similar to that of my sons’ father, the bank came after him. He did not want to go to court and since I regarded this as research, not to mention adventure, I went in his place. (If you’re not living on the edge you’re taking up too much space.) When the administrator (aka ‘judge’) called his name, I stood up and said, “I’m here about that matter.” A year previous I had used a similar tactic when I went to court over a ‘seat belt violation’ and was promptly thrown into jail for stating that my name was nowhere on the ticket or the summons. Although I was accurate, I didn’t know the next step. This time I knew what I was doing. The District Court ‘Judge’ asked me my name. I responded, “If I tell you, will I have entered into a contract with you?” He became irate. I knew I was onto something. He furiously said, “I’m going to ask you again; what is your name?” I said the same thing again and was literally, bodily tossed from court. On my way out I told the bailiff, “I believe I hit a nerve.” I was ecstatic.
As it turned out, I had indeed hit on the only issue which matters. CONTRACT. Contract Law is the only law. There is no Constitutional Law, Bill of Rights, Charter of Rights and Freedoms, no codes, rules, regulations, ordinances, statutes, by-laws, or anything else which most people think of as ‘law’ which applies to free, sovereign people. They all apply only to corporate entities. There is only one law which applies to us: the law which protects the life, liberty, rights, and property of all living souls. That which causes us to think that all these ‘laws’ apply to us is the contracts/ agreements we have made, either wittingly or unwittingly. If there is no contract there is no case. Contract is the law. Contractual Financial Liability is all that matters; and it must be proven.
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