Comments on: Another Debt Predator Lie Exposed: The Phony Affidavit http://www.stopthecallsfast.com/blog/another-debt-predator-lie-exposed-the-phony-affidavit/ Stop Putting Up With Endless Harassment From Collection Agencies... Sun, 25 Sep 2011 10:30:31 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Nivea L Roldan http://www.stopthecallsfast.com/blog/another-debt-predator-lie-exposed-the-phony-affidavit/comment-page-1/#comment-14976 Nivea L Roldan Tue, 09 Aug 2011 12:16:10 +0000 http://www.stopthecallsfast.com/blog/?p=22#comment-14976 You can add to this list City Investment Services 1191 Magnolia Ave. Ste D-381 Corona California 92879 United States of America Phone: 877-571-5190 They made withdrawals from my bank for 3 consecutive month and when I figure out ad cancelled my bank card they called threading to continue with the law suit. You can add to this list

City Investment Services
1191 Magnolia Ave. Ste D-381
Corona California 92879
United States of America
Phone: 877-571-5190
They made withdrawals from my bank for 3 consecutive month and when I figure out ad cancelled my bank card they called threading to continue with the law suit.

]]> By: Michael D. Hess, Esq. http://www.stopthecallsfast.com/blog/another-debt-predator-lie-exposed-the-phony-affidavit/comment-page-1/#comment-336 Michael D. Hess, Esq. Wed, 01 Dec 2010 18:50:46 +0000 http://www.stopthecallsfast.com/blog/?p=22#comment-336 A few years ago I fought and won the case of Atlantic Credit v. Giuliana 829 A.2d 340 (Pa.Super.2003). This case, and many Common Pleas decisions that follow it, stands for the proposition that a failure to attach the writing upon which the action is based (the original contract) is fatal to the collector's claim. Don't be fooled by some half-baked self-serving affidavit. They aren't good enough. If you have questions, call me. Michael D. Hess, Esq. BURKE & HESS 717-391-2911 A few years ago I fought and won the case of Atlantic Credit v. Giuliana 829 A.2d 340 (Pa.Super.2003). This case, and many Common Pleas decisions that follow it, stands for the proposition that a failure to attach the writing upon which the action is based (the original contract) is fatal to the collector’s claim.

Don’t be fooled by some half-baked self-serving affidavit. They aren’t good enough.

If you have questions, call me.

Michael D. Hess, Esq.
BURKE & HESS
717-391-2911

]]> By: admin http://www.stopthecallsfast.com/blog/another-debt-predator-lie-exposed-the-phony-affidavit/comment-page-/#comment-330 admin Thu, 04 Nov 2010 16:12:59 +0000 http://www.stopthecallsfast.com/blog/?p=22#comment-330 Sworn testimony is worth nothing without validation of the the debt. There is ample legal precedent. The problem is that the defendants have to be aware of that. That is where I come in. Sworn testimony is worth nothing without validation of the the debt. There is ample legal precedent. The problem is that the defendants have to be aware of that. That is where I come in.

]]> By: Morgan http://www.stopthecallsfast.com/blog/another-debt-predator-lie-exposed-the-phony-affidavit/comment-page-1/#comment-69 Morgan Mon, 10 Aug 2009 00:38:24 +0000 http://www.stopthecallsfast.com/blog/?p=22#comment-69 If I got sued by one of these crooks, then I would countersue for fraud upon the court (which, of course, they would deny) and ask for 3 times treble damages. Then I would make them prove up their affidavit during the discovery phase. That alone would probably get the case dismissed when they realize you're on to their con. Plus, the creation of credit is not authorized by law (See First National Bank of Minnesota vs. Jerome Daly, 1969), so how can any debt collector legally make a demand? That one always stumps them. If the case went to trial, request to cross-examine the affiant (who probably doesn't exist), and if so, has NO first hand knowledge of the account. They are just a custodian of records. These types of custodial affidavits are hearsay. You can pretty much use them as toilet paper, but I prefer Charmin. Free credit articles and videos here: www.myradiocreditsecrets.com If I got sued by one of these crooks, then I would countersue for fraud upon the court (which, of course, they would deny) and ask for 3 times treble damages. Then I would make them prove up their affidavit during the discovery phase. That alone would probably get the case dismissed when they realize you’re on to their con.

Plus, the creation of credit is not authorized by law (See First National Bank of Minnesota vs. Jerome Daly, 1969), so how can any debt collector legally make a demand? That one always stumps them.

If the case went to trial, request to cross-examine the affiant (who probably doesn’t exist), and if so, has NO first hand knowledge of the account. They are just a custodian of records. These types of custodial affidavits are hearsay. You can pretty much use them as toilet paper, but I prefer Charmin.

Free credit articles and videos here:
http://www.myradiocreditsecrets.com

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