Clean Slate
Date: Wed, 01/23/2008 - 06:46
I have also seen people ask for help and seen what it takes to validate but noone seems to explain to people
what each thing means or how to use it in court or just to tell a CA to take a hike.
The most important thing i have read and found out for a CA to produce is a assignment or ownership papers.Without that they have no leg to stand on
no matter what they produce as pertaining to a collection.
Next no matter what be nice to the attorney and show them and judge you are not bad like CA ranting and raving just use your smarts and keep composure.If you lose that they know they can get you riled up even in front of a judge and judges do not like that.
question each paper and look closely at the dates to see if they all corespond even copyrights as to the date on contracts when account was signed.
validation is a open field as what you may get or not get it varies in range but all they have to give is 1.contract which that pre approval paper is consider as contract. 2.statements 3.name and addy of OC.
the rest is up to you to read and dismantle and question and ask for.the best way to beat ca is like any other thing in legal matters is to use what they produce against them by reading it closely then noting mistakes on paper and read local laws on those mistakes, then you have a list of things wrong
after that is when you ask them to produce other things that may not even be required by law in most cases they do not know the exact law and will try to get what you ask for and fail and then you got a leg to stand on then once they agree to something and fail to produce.
Quote:I feel there should be a wiping of the slate with all the
Quote:
I feel there should be a wiping of the slate with all the post concerning Validation due to the fact of law changes and even new opinions by courts and federal laws |
I had to read and re-read this post a few times....and understand how you are asking the above, but then launch into a post about validation??
What is almost never produced in a request for validation is how
What is almost never produced in a request for validation is how they arrive at the amount they are trying to collect. They will produce a statement that is old but not necessarily the most current one. It could have come from a dumpster as far as I am concerned. It does not prove how much was owed to the original creditor after payments were made. Usually only what was owed at some time during the course of the history of the debt. It would never hold up in front of a logical judge. Unfortunately judges are lawyers and they will almost always side with the other lawyers on the basis that they are better educated and more experienced than the lay person who is trying to prove his case. The old saying goes "the man who goes to court alone has a fool for a lawyer."
ummmmmmmm okay, heres a copy and paste of one your posts: "I
ummmmmmmm okay, heres a copy and paste of one your posts:
"I enjoy this board and it is very helpful and informative but,I have noticed quiet a bit that if a person STATES thier opinion and it ruffles feathers of the ones in charge or contradicts theirs it gets deleted"
Now you post this topic saying you want posts deleted about validation, I'm having trouble understanding this.
I didn't get the feeling he was asking for the removal of valida
I didn't get the feeling he was asking for the removal of validation posts, I think he was actually trying to be helpful and sum up what validation is and how to use it.
Quote:I have also seen people ask for help and seen what it take
Quote:
I have also seen people ask for help and seen what it takes to validate but noone seems to explain to people what each thing means or how to use it in court or just to tell a CA to take a hike. |
In my opinion validating is a starting point, I would expect people to repost after they sent the DV and received a response, and then ask questions, it would be information overload to attempt to explain every facet of validation to a poster who's new at this.
Quote:
validation is a open field as what you may get or not get it varies in range but all they have to give is 1.contract which that pre approval paper is consider as contract. 2.statements 3.name and addy of OC. |
I agree, the first thing I'm going to look for in a validation is the contract, show me I have a legal responsibility to pay this debt. Proper validation has never been defined as far as I know but there have been rulings on what is NOT considered proper validation.
Even the contract alone is not considered validation, The Court of Appeals of Indiana in Spears vs Brennan ruled on this.
Quote:I didn't get the feeling he was asking for the removal of
Quote:
I didn't get the feeling he was asking for the removal of validation posts, I think he was actually trying to be helpful and sum up what validation is and how to use it. |
Maybe I misunderstood his intent.
Clean Slate
my intent was not meaning to delete post in anyway.basically in simple form i was saying there are so many threads about validation to the point a person could get lost in them because of so many things are given as advice and laws change alot,the validation process is the easy part to tell people but rarely has it been told as what to do with it and how to approach the items given.i would bet money that some people think if there is no validation they have won and some who have recieved it think automaticly they have lost.
i do not care what they have given as validation whether under the guidelines of law or not,but there is things as assignment sheet or ownership or lack of can change the whole picture.even he way the summons is written out "the wording and all" can be useful.look at even any date they have used and look for inconsistency.the amount of money.and if something is notarized search and make sure it is even valid.
