BEATING UP ON DEBT COLLECTORS

By Richard Luke Cornforth
Version 4.0

When the legal establishment starts putting on seminars to teach lawyers how to deal with people like me, we know we’re starting to cause the corrupt legal establishment grief. What follows in Beating Up On Debt Collectors are strategies that put people in a position to win. Not only can you win using these strategies, you will make lawyers absolutely miserable. It is time for the predator to become the prey and the prey to become the predator! As Maximus said before the battle, “Unleash Hell!” Richard Luke Cornforth

Table of contents Responding to the arbitration racket Phone scripts Disputing the “debt” Pleading against domestication of an arbitration award Moving to dismiss their suit for collection Responding to their answer to your motion to dismiss Answering in their suit for collection and filing a counterclaim Skipping the motion to dismiss and just filing a counterclaim that overwhelms your prey (notice discovery) Moving for summary judgment against them Responding to a report and recommendation Filing an instanter Responding to a request for production of documents Another rendition of requesting discovery Motion to compel Being deposed Motion for summary judgment Presenting oral argument Motion for default judgment against them Notice and demand Petition for writ of mandamus Dealing with a dishonest referee in the mandamus process Motion to vacate a void judgment Appealing a judgment in foreclosure of a debt Civil Rights complaint after wrongful foreclosure of debt Preliminary injunction for civil rights suit Attacking a void judgment in bankruptcy court Racketeering suit 48-56 57-62 63-67 68-74 75-76 77-82 83-91 92-98 99-102 102-110 111,113 114-116 117,118 119-122 124-135 136-165 166-175 176,177 178-180 182 5-15 16 17-23 25-36 37-41 42-44 45-47

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don’t count on attorneys knowing how to file an in rem petition. I also recommend subscribing to Versus Law at versuslaw. One other thing – a copy of your state’s rules of civil procedure is absolutely indispensable. Additionally. Property includes bank accounts and money. After judgment is rendered. executions must be bonded: this means. -3- . every prevailing party must “prove up” a claim of damages. Lost business opportunity is damage to a business interest.First. Even though in rem proceedings have been simplified in most jurisdictions. The party legally prevailing in any lawsuit must show that a contract exists if the matter is a breach. the debt collector must obey the Fair Debt Collections Practices Act or they are subject to suit. there must always be a second proceeding in rem for collection. the party must be prepared to show standing to sue in the jurisdiction and standing to sue the respondent party. lets refresh on the debt collection racket. As you knew already or learned from Secrets of The Legal Industry: credit card contracts are not transferable. when a third party debt collector attempts to collect any consumer debt including state income taxes. in addition to following the proper procedure for proceeding in rem the judgment creditor must post bond before taking property to satisfy the judgment. Before any party can legally prevail in any lawsuit. and regardless. if they are going to take your property in satisfaction of judgment. I have yet to examine any debt collection case that was done properly – no even one. The debt collection racket is one of the biggest components of the obscenely corrupt legal industry. Corporations must also be prepared to show that the corporation’s charter authorizes the activity sued over and also authorizes suing. federal RICO (racketeering) law provides that a cause of action lies where one or more members of an enterprise affecting interstate commerce commit two or more acts of fraud or extortion resulting in damages to property or a business. Also.com.

They all look the same and you either “adhere” to the contract or reject it). arbitration clauses in contracts of adhesion. There are some folks out there who are counterattacking them before they have a chance to work this con. the judges. Internet searches will likely take you to some sites where counselors inform you how to get an arbitration award against them. like other ‘choice of law” or “forum selection” clauses are unconstitutional. WHAT TO SAY TO THESE LITTLE DARLINGS WHEN THEY TRY TO GET YOU TO GO FOR THE ARBITRATION CON.Arbitration has become quite popular as a way of lawyers and their crooked buddies. The following are letters to send to the slime-balls who try to trap you in an arbitration forum. (A contract of adhesion is one printed in mass. ripping people off. for the most part. Actually. -4- .

selves. We also believe that we can introduce witnesses who will testify that your arbitration form is a sham where no actual proceedings take place and those with the wherewithal to attend such proceedings are given the “old run around.NOTICE Kenneth L. Good & Laverne Good 2128 Winter Road Somewhere. In addition to not being allowed discretion relative to the forum selection clause. The United States Supreme Court has instructed that arbitration clauses are only enforceable to the extent that they permit parties to effectively enforce their substantive rights (cite omitted). We have two grounds for our objection: (1).P. Florida 32000 certified mail number ( ) Wolpoff & Abramson.” Fifteen days from the verifiable receipt of this notice.O. 5th Floor Rockville. and (2). MD 20850 And The Forum P. your silence shall verify that the socalled notice of arbitration is a fraud wherein you used the United States Mail in an attempt to create a legal disability where none existed. MN 55405-0191 Sirs: We are objecting to the notice of arbitration in re: your contract FA0308000191962. L. Two Irvington Centre 702 King Farm Blvd.L. Forum selection clauses in contracts of adhesion are unenforceable unless the clause could have been rejected without impunity (cite omitted). Box 50191 Minneapolis. the arbitration forum of Minneapolis seems an obvious subterfuge deliberately intended to abridge the substantive rights of Floridians such as our. If you succeed in taking any -5- .

Most sincerely.money or property from us or interfering with a business interest which we may have. Kenneth L. Florida 32399-1050 -6- . your receipt of this letter shall be added to our evidence file in support of a racketeering suite against you. Good Laverne Good October 4th 2003 Copy to: (state attorney general) Charlie Crist State of Florida The Capitol PS-O Tallahassee.

WARNING! Your continued harassment may result in criminal RICO charges against you and shall result in a civil RICO suit against proper parties. Inc. “National Arbitration Forum. Abramson: Leave us alone! Your so-called National Arbitration Forum is a complete.And if they don’t get the point – SECOND NOTICE AND WARNING Kenneth L. March 20. CV 00-163-MDWM (D.3d 669. we are affording you the courtesy of reviewing controlling authorities.L. 5th Floor Rockville. 279 F. and utter fraud. Florida 32097-4905 certified mail number ( ) Wolpoff & Abramson. Your written assurance that you will leave us alone. 2002). Adams. Because you are both ignorant of the law and in spite of the fact that you are contumacious. Box 50191 Minneapolis.. 2000). Health Psychare Servs. MD 20850 And The Forum P. Your written assurance that you will cease and desist with your ridiculous fraud. MN 55405-0191 To the personal attention of: Laura Johnson & Ronald M. ethically.O. Circuit City v.P. 60 -7- . L. See Myers v. Inc.3d 889. (citing Stirlen v. 2001). 690 (Cal. and legally wrong.. . We request: (1). Armendariz v.. 6 P. 893 (9th Cir. Two Irvington Centre 702 King Farm Blvd. MBNA America and North American Capitol Corporation. total. and (2). Mont. Good & Laverne Good 2128 Chester Road Yulee.” Mbna America Bank NA’s reliance on an arbitration clause in Mbna’s contracts of adhesion is morally. Supercuts. Found.

11. Co. Soltani v. Flores v. Ct. App.3d 1230. at *4(Cal.. Neal v.3d at 1482.. Stop harassing us. 02-15416 (9th Cir. ACORN v. 116 Cal. 2002). 2d 376.. Kenneth L. App. Interstate/Johnson Lane Corp. 7. 145 (Ct. 1172 (N. Rptr. Household Bank. 2002). In re: Cole. Laverne Good Copy to: (attorney general) Charlie Crist State of Florida The Capitol PS-O Tallahassee. Life Ins. Shankle v. B-G Maint. NO. Inc. 20 (1991). and Ting v. 2001). Transamerica HomeFirst. Szetela v. 678 (Ct. 105 F. Gilmer v. 113 Cal. Household Int’l. State Farm Ins. 211 F. Mandel v. Inc. 867 (Ct. Rptr. AT&T. 1042 (9th Cir. App. Feb. 2003). 2d 671. Most sincerely.D.3d 1038. & S. 2d 1160. 517 U..S. at 688. 2001).. 2002). In re: Doctor’s Assocs. App. 1997). 163 F.. Rptr. Co. Cal. Discover Bank. 781 (Ct. Rptr.Cal. Florida 32399-1050 What if the wise guys get the picture and try to get you into an arbitration forum in your state? Object to an arbitration forum even if it is in your state! The following two documents were developed by Dean Gerhart – -8- . 1999). Superior Court. Jan. 2003) (applying Nevada law). Rptr.S. 2d 138. App.. Good November 19th 2003 Leave us alone.App. 500 U. Murcuro v. W. 258 F. 118 Cal. Inc. 2d 862. Supp. 1961). 382(Ct. 1235 (10th Cir. 10 Cal. 2003 SL 57282.

Claimant. Michigan 00000 Respondent IN THE NATIONAL ARBITRATION FORUM : : NOTICE OF OBJECTION TO ARBITRATION : RULE 13A(2) : : Forum File Number: BR 549 : : : : : : : : : : POINTS AND AUTHORITIES Sue Bear Rue. Based on the documentation I have received from this forum and the Claimant I have MBNA America Bank.A. -9- . BASIS FOR OBJECTION TO ARBITRATE 2.rr. N. 2002 hereafter. Respondent.. Claimant has submitted a claim to this Forum stating that this is a claim for money and other relief. hereby asserts Respondent’s objection to this claim for the following reasons as instructed pursuant to Rule 13A of the National Arbitration Forum Code of Procedure July 1. v.com Sue Bear Rue 1234 Delightful Lane Hometown.Dean is one of the most successful anti-shysters in the country! dgerhart@columbus. Sue Bear Rue Respondent. I reject this claim as filed on the basis that this forum lacks both Personal and Subject matter jurisdiction in this matter and has failed to comply with the rules of the Code. the Code: STATEMENT OF CASE 1.

e. Rule 12A (2) of the Code requires that the initial claim shall include: a copy of the Arbitration Agreement or notice of the location of a copy of the Arbitration Agreement. A party who has not agreed to arbitrate a dispute cannot be forced to relinquish the right to trial. I have never agreed to waive my right to meaningful access to due process by way of contract.. Inc. Rule 12 A (5) of the Code requires that the appropriate Filling Fee be paid. 4. and a party cannot be compelled or required to submit to arbitration any dispute he has not agreed to submit. Arbitration is a matter of contract. Rule 12 B Requires that Claimant promptly file with the forum proof of service of the initial Claim on the Respondent. and that they agreed to its provisions.10 - . The courts have upheld that a party who has not agreed to arbitrate a dispute cannot be forced to do so. c. In addition is has been established that the party making the claim must show that the respondent in the claim was made aware of the arbitration agreement. Rule 20 C of the Code indicates that the Arbitrator does not have the power to decide matters not properly submitted under this code. Arbitration Agreement is clearly defined in the Code under Rule 2 C and is requirement in order to establish the existence of a valid claim. b. Rule 20 A of the Code indicates that the Arbitrator has powers provided by the code.reason to believe that this claim as filed lacks several key elements required to be considered a valid claim and I demand strict proof thereof: a. Casteel v. LAW AND ARGUMENT NO VALID AGREEMENT TO ARBITRATE 3. d. Clear Channel Broad. h. . 5. Rule 1 of the Code states that both parties agree to arbitrate. Rule 12 A (3) of the Code requires a copy documents that support the Claim. g. the agreement of the Parties and the applicable Substantive law. Without first establishing the existence of this agreement any ruling rendered by this forum for either party would be void on its face for lack of personal and subject matter jurisdiction. Claimant has filed a claim with this forum listing false and misleading allegations regarding the agreement to arbitrate. Rule 12 A (4) of the Code requires an affidavit asserting that statements and documents in the Claim are accurate. f.

Inc. affirmed 228 F.2d 1136.Supp. Sec. On this basis it is reasonable to assume that Respondent was also not notified of his/her right to opt out of this provision with out impunity. Byrider. E.11 - . No arbitration agreement exists between Respondent and Claimant whatsoever.6.C. “. and none of Respondent’s arguments should be construed to mean that such agreement exists. Even under the FAA. Inc.A. or information regarding an arbitration clause.S. a party may challenge the validity of an arbitration agreement under general contract principles. where parties expressly agree to submit to disputes to arbitration. The Federal Arbitration Act. 1991) 925 F.C. 1139.1 et seq. 9 U. 43 S.S. provides that the purpose of arbitration is to give arbitration agreements the same force and effect as other contracts.2d 733. Hutton (9th Cir.3d 1069. Claimant never agreed to arbitration.a party who contests the making of a contract containing an arbitration provision cannot be compelled to arbitrate .. 9 U.A Sec. v. the court held that arbitration is a matter of contract..W. In addition. the legislative intent of arbitration is abused and devalued. This would then be governed by provisions under the FAA. Further.3d 453. 280 F. 1 et seq. there must be evidence of a valid agreement. there must be a clear In the case at hand. 50 F. 8. Respondent did not receive notice or agreement to arbitrate. 7. “Federal law preempts state law on issues of arbitrability. v. and thus.. Claimant never received any agreement or contract. opinion supplemental on denial of rehearing 303 F. In the case at hand. In Stout v. Fleetwood Enterprises.. nor did Respondent ever expressly agree to arbitration..C. a party cannot be compelled to arbitrate any claims he or she did not agree to arbitrate when making the contract. Gaskamp. Further. NO JURISDICTION UNDER THE FAA 10.A.” Three Valleys Mun. Water Dist. Otherwise. 9. instead ordinary contract principles determine who is bound. Claimant claims that there was an alleged agreement to arbitrate. under the first step in analysis to decide whether a dispute must be arbitrated under the Federal Arbitration Act (FAA). the federal policy favoring arbitration does not apply to the determination of whether there is a valid agreement to arbitrate between the parties. See also In Re David’s Supermarkets.3d 94 (2001). 9 U. Courts are clear in upholding an agreement to arbitrate must be clear to both parties. agreement to arbitrate.F.S.3d 709.

(1989) 489 U. Shearson Lehman Hutton. (1995) 514 U. Bank of America.App 4th 779.4th 1. Inc. Therefore. . the California Supreme Court has stated that. Without a written agreement. Under both federal and California state law. at 1140/1141.S.” Three Valleys Mun. 614. Kaplan (1995) 514 U.” (Mitsubishi Motors v. 9 USC Sec. 62-63. . 739. even with Claimant’s assertion that there was an agreement to arbitrate. at pp. Moncharsh v. 11.” (Victoria v. Further. Hutton. even if Respondent had received an agreement to arbitration notice.S. see also . arbitration is a matter of contract between the parties. “The ‘liberal federal policy favoring arbitration agreements. Heily & Blase (1992) 3 Cal. .the threshold issue of the existence of an agreement to arbitrate. The court stated that “the initial step in determining whether there is an enforceable ADR agreement between a bank and its customers involves applying ordinary state law principles that govern the formation and interpretation of contracts in order to ascertain whether the parties have agreed to some alternative form of dispute resolution. the appellate court held that the alleged agreements in the terms and conditions cannot be construed as agreement to arbitrate.) As the United States Supreme Court has stated. Soler ChryslerPlymouth (1985) 473 U. 12. 468. Only a court can make that decision. v.]” (Id.F. Leland Stanford Jr. v. see also Mastrobuono v.” ’ [Citation omitted. E. U.’ [citation] . is at bottom a policy guaranteeing the enforcement of private contractual arrangements. 744. In the alternative.) Similarly. Sciences v. 2 requires a written agreement to arbitrate. ‘ “there is no policy compelling persons to accept arbitration of controversies which they have not agreed to arbitrate . Water Dist. although a California case. . The requirement is jurisdictional.S. 8.12 - . 625.) “Although ‘[t]he law favors contracts for arbitration of disputes between parties’ [citation omitted]. the FAA does not apply. there is no requirement under the FAA mandating that the jurisdictional defense of “no agreement to arbitrate” be raised within a particular period of time. 938. “[T]he policy favoring arbitration cannot displace the necessity for a voluntary agreement to arbitrate. Inc. it would be unenforceable. Superior Court (1985) 40 Cal.3d 734. see also Volt Info. 56-57. . italics in original. 478. 944-945. 52. 67 Cal. In Badie v.S. the alleged agreement is unenforceable.” (First Options of Chicago.

. . N. .” Id. CV 00-163M-DWM (D. Inc. Drexel Burnham Lambert. if MBNA’s argument that Myers agreed to arbitration .3d 632. MD 20850-5775 . March 20. 640. .Mont. postage prepaid. . (1996) 43 Cal. (1986) 178 Cal. MBNA could amend the agreement to include a provision taking a security interest in Myers’ home or requiring Myers to pay a penalty if she failed to convince three friends to sign up for MBNA cards.13 - . 501. Chan v.Arista Films. _____________________________ Sue Bear Rue CERTIFICATE OF SERVICE The undersigned parties hereby certifies that on this date a copy of the foregoing document was duly served upon the Claimant by depositing same in the United States Mail. v. 2001). Inc. In that case. The judge ruled that a mandatory arbitration clause cannot be enforced. Two Irvington Centre Rockville.App. WHEREFORE. Inc.App. The judge found that no such agreement could be implied.4th 495. Respondent respectfully requests that this matter be dismissed as outlined in the Code Rule 41 A. Myers v.. . the arbitration clause in the alleged credit card agreement was held unenforceable because the defendant never agreed under the contractual relationship between parties to arbitrate her dispute with MBNA. is similar in ruling as the above mentioned Badie case. 13. MBNA America and North American Capitol Corporation. there would be no reason to stop at arbitration.). Gilford Securities. via facsimile and/or hand delivered at their last known addresses: MBNA America Bank. 702 King Farm Blvd. The judge further stated that “MBNA skipped offer and went straight to acceptance. although not an appellate case. there is no consent or agreement on the part of Respondent to arbitrate.A.

are nullities for the reason that: (1). and (2). Claimant. Jr.DATED: . Jr. Conclusion . N.14 - .. Respondents motion to strike the so-called affidavits of Bruce Buttkiss. Sue Bear Rue Respondent. Bredicakas incorporates documents by reference which Bridicakas did not sign and date there for. Michigan 00000 Respondent IN THE NATIONAL ARBITRATION FORUM : : NOTICE OF OBJECTION TO ARBITRATION : RULE 13A(2) : Forum File Number: BR 549 : : : : : : : : : : : MBNA America Bank. The affidavits do not include any actual accounting and therefore are merely idealistic and theoretical notions of Bredicakas. Mr. 2004 __________________________ Sue Bear Rue Sue Bear Rue 1234 Delightful Lane Hometown. v. Bredicakas has no actual knowledge of the articles Bredicakes purports to swear to. Brief in support The putative affidavits of Bruce Buttkiss.A. March ____.

in violation of 18 USC 1961.This forum’s swift to admit that the so-called affidavits are nullities avoids the conclusion that the arbitration forum is openly colluding with MBNA America Bank.A. N.A. 1962 & 1864(a). N. MD 20850-5775 DATED: March ____.15 - . 702 King Farm Blvd. Oregon 97520-2944 CERTIFICATE OF SERVICE The undersigned parties hereby certifies that on this date a copy of the foregoing document was duly served upon the Claimant by depositing same in the United States Mail. via facsimile and/or hand delivered at their last known addresses: MBNA America Bank. Prepared and submitted by: _____________________________ Sue Bear Rue 726 Iowa Street Ashland. Two Irvington Centre Rockville. postage prepaid. 2004 __________________________ Sue Bear Rue .

we should repay. put the phone down and walk away).or Thank you for calling. I was not expecting your call and I’ll need a while to look up some helpful information. .or Thank you for calling. if a collector calls you. The fallacy is that we rarely owe when a collector calls. Please spell your full name for me. That’s not my question. The following phone scripts are not mean spirited when we realize that the caller is trying to get us to pay money that we don’t owe! In spite of caller id or other screening. . . Do I have a contract with your company? Don’t ever call me again. Would you please hold? (Don’t wait for their answer. Thank you for calling. Do I have a contract with your company? (They’ll tell you they’re call regarding your xyz bill). May I have your full name please? Thank you.PHONE SCRIPTS TO USE WITH THIRD PARTY COLLECTORS Commentary on the morality of debt: We believe that if we owe. (their name) what is your social security number? (After listening to their protest say) I just need to have your identity so I will be suing the correct person if you violate my rights under the fair debt collections practices act.16 - . Now.

3. Please verify under penalty of perjury. or all of the alleged debt. Please produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Please furnish a copy of the original promissory note redacting my social security number to prevent identify theft and state under penalty of perjury that your client named above is the holder in due course of the promissory note and will produce the original for my own and a judge’s inspection should there be a trial to contest these matters. 4. 2. corporations. It is not now. zip Sir or Madam: You are in receipt of notice under the authority of The Fair Debt Collections Practices Act regarding your file #XXXXXXXXXXX #OOOOOOO 000000 RMS008. nor has it ever been my intention to avoid paying any obligation that I lawfully owe. state.WHAT IF THE SLIMEBALLS FOLLOW THE TRADITIONAL PATH OF CONTACTING YOU WITH A DUNNING LETTER? Dispute letter to a debt collector (credit card. mortgage or other loan) Your Name Your address City. Please identify by name and address all persons. state. that as a debt collector. associations. zip code (print certified mail number here) The name of the person who sent you the collection letter Their address City.17 - . or any other parties having an interest in legal proceedings regarding the alleged debt. you have not purchased evidence of debt and are proceeding with collection activity in the name of the original maker of the note. In order that I can make arrangements to pay an obligation which I may owe. please document and verify the “debt” by complying in good faith with this request for validation and notice that I dispute part of. 1. .

Disputing the “debt” Your signature Your name month day year Copy to: Consumer Response Center Federal Trade Commission Washington. one of the most effective anti-shyters in the country recently learned from the horse’s mouth that the Federal Trade Commission will be on your side if the creditor has failed to resolve a billing error dispute. 6.5.18 - . D. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing. dispute often! . 7. 20580 Tip: Dayna Breyer. 8.C. So. Please verify under penalty of perjury that you know and understand that credit card contracts are a series of continuing offers to contract and as such are nontransferable. Please provide verification from the stated creditor that you are authorized to act for them. Please verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion. which you know is false with the intention that others rely on the written communication to their detriment. such as a so-called forum selection clause. are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity.

you have not purchased evidence of debt and are proceeding with collection activity in the name of the Oklahoma Tax Commission. Box 271376 Oklahoma City. please document and verify the “debt” by complying in good faith with this request for validation and notice that I dispute part of or all of the alleged debt. Maple Blvd. In order that I can make arrangements to pay an obligation which I may owe. or any other parties having an interest in legal proceedings regarding the alleged debt. Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing. 3. Please verify under penalty of perjury. 5. 6. associations. Please provide verification from the Oklahoma Tax Commission that you are authorized to act for them. Please furnish a copy of the assessment this so-called debt is based on redacting my social security number to prevent identify theft and state under penalty of perjury that Oklahoma Tax Commission is the holder in due course of the original assessment and will produce the original for my own and a judge’s inspection should there be a trial to contest these matters. Disputing the “debt” .O. Oklahoma 73137 Jess Moran: You are in receipt of notice under the authority of The Fair Debt Collections Practices Act regarding your file #ITIS235242479. Love registered mail number______________________________ 916 E. 2. that as a debt collector. Oklahoma 74000 GC Services Limited Partnership C/o P. nor has it ever been my intention to avoid paying any obligation that I lawfully owe.19 - .Dispute letter to a debt collector ( attempting to collect state taxes) Kenney F. 1. Please name the person or persons who completed the assessment along with their verification under penalty of perjury showing the full accounting of the alleged obligation that you are now attempting to collect. which you know is false with the intention that others rely on the written communication to their detriment. It is not now. Sunnyville. 4. Please identify by name and address all persons. corporations.

associations. It is not now. Please produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect. Oklahoma 73090 Lawrence R. Love April 30th 2003 Dispute letter to a debt collector ( attempting to collect a bill for services) Bobby Farmer Route 1. In order that I can make arrangements to pay an obligation which I may owe. Oklahoma 73107 Sir: You are in receipt of notice under the authority of The Fair Debt Collections Practices Act regarding your file “INTEG CANADIAN VALLEY REG. 1. 2. 5. Scott 2519 N. please document and verify the “debt” by complying in good faith with this request for validation and notice that I dispute part of or all of the alleged debt.Kenney F. Box 60 Union City. Please verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion. 4. Please verify under penalty of perjury. nor has it ever been my intention to avoid paying any obligation that I lawfully owe.”.20 - . Suite 204 Oklahoma City. you have not purchased evidence of debt and are proceeding with collection activity in the name of the original contracting party. 3. corporations. Please identify by name and address all persons. 23rd Street. Please furnish a copy of the original contract redacting my social security number to prevent identify theft and state under penalty of perjury that your client is the bona fide party in interest of the contract and will produce the original for my own and a judge’s inspection should there be a trial to contest these matters. such as a so-called forum selection clause. W. are ( ) . that as a debt collector. or any other parties having an interest in legal proceedings regarding the alleged debt.

7.unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity. Please provide verification from the stated creditor that you are authorized to act for them. 6. Disputing the “debt” Bobby Farmer May 28th 2003 .21 - . Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing that you know is false with the intention that others rely on the written communication to the detriment of Bobby Farmer.

1. zip code (print certified mail number here) The name of the person who sent you the collection letter Their address City. In order that I can make arrangements to pay an obligation which I may owe. zip Sir or Madam: You are in receipt of notice under the authority of The Fair Debt Collections Practices Act regarding your file #Il-10969. I also request that the “debt” be fully extinguished in the event that I pay off the note by returning the original to me Brightered paid in full and signed by an officer of the holder in due course. corporations. please document and verify the “debt” by complying in good faith with this request for validation and notice that I dispute part of or all of the alleged debt. nor has it ever been my intention to avoid paying any obligation that I lawfully owe. It is not now. Please furnish a copy of the alleged judgment and document that the court file in the original proceeding shows a copy of the original promissory note redacting my social security number to prevent identify theft and state under penalty of perjury that the judgment debtor named was the holder in due course of the promissory note and will produce the original for my own and a judge’s inspection should there be a trial to contest these matters. Please identify by name and address all persons. state.22 - .Dispute letter to a debt collector ( attempting to domesticate a foreign judgment ) Your Name Your address City. or any other parties having an interest in legal proceedings regarding the alleged debt. . 3. state. associations. 2. Please produce the account and general ledger statement showing the full accounting of the alleged obligation that the judgment was based on.

operated a business in Illinois. Disputing the “debt” Your signature Your name month day year . Please verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing which you know is false with the intention that others rely on the written communication to their detriment. Please verify under penalty of perjury that you know and understand that credit card contracts are a services of continuing offers to contract and as such are nontransferable. that as a debt collector.4. Please verify from the record in the proceedings in case number IL-10969 that the record in the trial court established that I was a resident of Illinois. you have not purchased evidence of debt and are proceeding with collection activity in the name of the original maker of the note. 6. please give ten examples of parties who were allowed to line through the forum selection clause in the contract of adhesion with the judgment creditor. Please verify under penalty of perjury. Please verify under penalty of perjury that you know and understand that contracts which go to the credit of the parties are non-transferable absent a specific enabling clause fully disclosed at the time of contracting and cite the enabling clause in the contract the judgment was based on a accompany the document with an affidavit of the party co-signing the contract that the transfer clause was fully disclosed to me. 8. Please provide verification from the stated judgment creditor that you are authorized to act for them. or owned property in Illinois establishing the Illinois Court’s personal jurisdiction over me. 9.23 - . 5. If personal jurisdiction was based on a forum selection clause. 7.

very important I advise against sending a cease and desist letter or any letter containing the words “cease and desist.Copy to: Consumer Response Center Federal Trade Commission Washington. 20580 Astute students of the legal industry will recognize that the above and foregoing dispute letters go beyond what is required under the Fair Debt Collections Practices Act. D. So why do they work? Because you are offering to contract with them – otherwise known as a conditional acceptance. Also.24 - . I have yet to hear of anyone being contacted again after sending one of the above letters to a debt collector. When they sue for domestication of their judgment.” A cease and desist letter is an invitation to being sued! What if they get an arbitration award against you? Remember they still have to proceed in rem otherwise known as “domestication” of the judgment.C. file a motion for summary judgment against them as follows: .

Wisconsin 53000 Case No.” or by “Mbna America Bank NA” meeting the minimum contacts requirements for in personam jurisdiction.25 - . King. state as follows based on my own personal knowledge: 1.O. 03-CV 8888 Circuit Court Dane County Defendant’s motion for summary judgment Brief in support William D. . Affidavit I. King moves this court for summary judgment of this court in favor of William D. William D. William D. Box 15168 Wilmington DE 19850 Vs. P. I am not in receipt of any document which verifies that Mbna America Bank NA has standing to sue in any Wisconsin court by virtue of being duly registered as “Mbna America Bank NA. of age and competent to testify.Disputing an arbitration award from another state: State of Wisconsin In the Matter of the Arbitration between Mbna America Bank N A 665 Paper Mill Road Stop 1411 Wilmington DE 19884-1411 A foreign corporation. King. King South CT McFarland.

. 6 P. Life Ins. Rptr. & S. personally appeared __________________________ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act. Found. 2d 376. Inc. 2001). W. Inc. Co. I am not in receipt of any document that verifies I have a contract with Mbna America Bank NA. Rptr. socially. King STATE OF _______________ INDIVIDUAL ACKNOWLEDGMENT COUNTY OF _____________ Before me. 3. 2001). My commission expires __________ ________________ Notary Public Memorandums of law Memorandum of law in support of the point of law that arbitration clauses in contracts of adhesion are impermissible under the law and unenforceable Mbna America Bank NA’s reliance on an arbitration clause in Mbna’s contracts of adhesion is morally. . MBNA America and North American Capitol Corporation.26 - . Soltani v. 2002). March 20. Rptr. See Myers v. Supercuts... I am not in receipt of any document that verifies I owe Mbna America Bank NA money. Armendariz v. Given under my hand and seal the day and year last above written. and emotionally. App. which verifies that Mbna America Bank NA authorized this action or is even aware of it. the undersigned. Day. 2001). and legally wrong.. 2000). 1997). State Farm Ins. Mont.3d 889. As a result of the harassment of James A. 200__.3d 1038.. I have been damaged financially. 60 Cal.3d 669. ethically. 2d 138. 113 Cal. 5. Co. App. 279 F. ________________________________ William D. Circuit City v.2. Flores v. I am not in receipt of any document. 690 (Cal. . 382(Ct. 1961). Adams. 10 Cal. (citing Stirlen v. a Notary Public in and for said County and State on this ____ day of ________. 893 (9th Cir. CV 00-163-MDWM (D. Health Psychare Servs. 258 F. Transamerica HomeFirst. 1042 (9th Cir. 781 (Ct. Inc. 4..App. 145 (Ct. Neal v.

(4) (1932). In re: Doctor’s Assocs. 1235 (10th Cir. Feb. Rptr. 163 F.J.. 2d 1160.3d at 1482. Mortgages S 469 in Carnegie Bank v Shalleck 256 N.D. 12A:3-104. the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to N. prove that the .98-50117 February 18. 2003). Shankle v. 1999 (5th Circuit Court of Appeals. No. 2003) (applying Nevada law). Super 23 (App. Jan. 500 U. 517 U. 105 F. 211 F.J.S. In re: Cole.S. Murcuro v. Superior Court. 1172 (N. Inc.. App. which Mbna America Bank NA alleges William D. Rptr. King owes. page 566. the plaintiff must prove: (1) the existence of the note in question. Gilmer v. Household Bank. Supp. 20 (1991). and Ting v. “When the underlying mortgage is evidenced by an instrument meeting the criteria for negotiability set forth in N. Contracts S 170(3). Memorandum of law in support of the point of law that party alleging to be creditor must prove standing Mbna America Bank NA has failed or refused to produce the actual note. 11. C. the Appellate Division held. Where the complaining party cannot prove the existence of the note. See In Re: SMS Financial LLc. Interstate/Johnson Lane Corp. as the case may be. “. Inc. B-G Maint. To recover on a promissory note. 678 (Ct.S. App.S. Inc. at *4(Cal. App...) Volume 29 of the New Jersey Practice Series. 1999).3d 1230. 116 Cal. prove that the party sued signed the alleged note.. It would seem that the mortgagor would normally have a Common law right to demand production or surrender of the bond or note and mortgage. then there is no note. v. Mandel v. 2d 671. 118 Cal. AT&T.J. 02-15416 (9th Cir. Discover Bank..Szetela v. Abco Homes..27 - .J. 2002). 7. 2d 862. at 688. Cal. Household Int’l. 2003 SL 57282. 12A:3302" Since no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course. Ct. Chapter 10 Section 123. 2002). ACORN v. and (4) that a certain balance is due and owing on the note. New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question. Div 1992). See Restatement. (3) that the plaintiff is the owner or holder of the note.S. 867 (Ct. (2) that the party sued signed the note. NO. 2002). emphatically states. and no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon.

2d 1218.R.C.U.N.” security interest in which must be perfected by possession . 371.1994). Kauanoe. Israel & Hornik.2d 1228 (9th Cir 1977). Godbole..3d 807. far-reaching scam of artists such as Rausch. Sturm. 614 P.” Memorandum of law in support of the point of law that to prove damages in foreclosure of a debt. See Matter of Staff Mortg. Rptr. & Inv. The mortgagees are often not harmed because they often have hypothecated the loan and have risked nothing. (Conn. 201 Conn. Norwich Housing Authority 28 Conn. Mandatory judicial notice Mbna America Bank NA is a subset of the debt collection racket. The typical face value of the bundles often amounts to tens of millions of dollars. Corp. “Under the Uniform Commercial Code. App. 3d 845. 389 (Bkrtcy. 165 B. Fooks v. Inc. Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security.2000).. V. See also Solon v. worthless bundles of commercial paper in the form of copies of charged off debt are sold at auction. promissory note is “instrument. party must enter the account and general ledger statement into the record through a competent fact witness To prove up claim of damages. and Town of Brookfield v..2d 936 (1980). (Hawaii App 2001). Ltd.1 (1986). 550 F.28 - . Yonenaka 25 P.D. How the scam works: In a back room of the Chicago Board of Trade.” Bankruptcy Courts have followed the Uniform Commercial Code. Actors . S.J. the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party. 513 A. and prove that certain balance is due and owing on any alleged note. 96 Hawaii 32. 114 Il. “Under the New Jersey Uniform Commercial Code (NJUCC). Candlewood Shores Estates. a wide-spread. 62 Haw. his agent or bailee. the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger. Super. L. foreclosing party must enter evidence incorporating records such as a general ledger and accounting of an alleged unpaid promissory note. 163 Ill. Inc. See Pacific Concrete F. 334.C.plaintiff is the owner and holder of the alleged note. GE Capital Hawaii. In Re Investors & Lenders. v.

King. Smith County. which as a continuing series of offers to contract. Caddo County. Capital One Bank versus Barbara Davis and Phil C. V. case number CS-2003-2488. South Carolina.C. North Carolina case number 02 SP 338 & 02 SP 598. Oklahoma County. Oklahoma case number CS 02-7225. Carney. The scam is complete when artists such as Sturm. artists such as Sturm.29 - . with the cooperation of a local judge. Discover Bank versus Larry Pasket. Oklahoma case number CS 99-332-25. Oklahoma. case number F-12473-97. Oklahoma County. Lance. Tecchio. Direct Merchants Credit Card Bank v.up line from such artists as Sturm. Elowl. Colorado. see Discover Bank versus Angie G. Creditors Recovery Corporation v. are non-transferable. defraud parties such as William D.C. S. Combined Court Fremont County. are the actual holders in due course invest as although typically in the scam. Sommers. Wisconsin. S. index number 4522/00. docket number 00-CP-38-1033. Citicorp Mortgage v. For other examples of this racket. Borum. Los Angeles County. Court of Common Pleas. County of Orangeburg. case number 03-SC-640. Davis. General Sessions Court. Clark County. case number 2003C 000890. Israel & Hornik. First Collection Services v. Oklahoma case number CS-2002 116. Georgia. General Court of Justice. belong. then allege they are third party debt collectors attempting to collect for the original maker of the loan. DuPage County. S. Monmouth County. This racket is particularly heinous in the case of credit card contracts. then break apart the bundles and resell the worthless commercial paper in clusters based on the original mortgagee and geographic location.C. Civil Action File number 03-CV-2295. New Hanover County. Muscogee County. Braker. and Discover Bank versus Roger Braker and Sharon A. Discounts R. case number 8758-24-179. Choisnard. Bank of America v. and Conseco Finance . California. Illinois. Sturm. Israel & Hornik. Highlands County Michigan. UMB USA Verus David Misurelli. Hausler. This scam is widespread. Walker. US (a major syndicate player in the holder in due course fraud racket) v.C. far-reaching and the main racket of the private business organizations to which artists such as Sturm. First USA Bank v. Israel & Hornik. little as 75 cents on the hundred face for the worthless commercial paper. Bascom. Walker and Esler C. case number EC 032786. Banco Popular v. S. S. Case number 03-754-SPS. Tennessee. Israel & Hornik. Plosnich. County of Monroe. CitiMortgage v. Bancorp. Tulsa County. New York. Israel & Hornik. New Jersey.C. case number 98 CH 0913.

Prepared and submitted by: _________________________________________________ William D. Box 7857 Madison. Wisconsin 53227 . Court of Common Pleas. William D. certify that _________________. supporting all the rebutted articles with evidence which would be admissible at trial. I mailed a true and correct copy of the above and foregoing motion for summary judgment via certified mail. King’s affidavit. Ray. King Copy to: (attorney general) Peg Lautenschlager P. Day 2448 South 102nd Street Milwaukee. return receipt requested to: Mbna America Bank NA’s agent for service of process. ______________________________ William D. King Certificate of service I. Declaration Fifteen days from the verifiable receipt of this motion for summary judgment. docket number 00-CP-02-397.30 - . an order shall be prepared and submitted to the court for ratification.Corporation v. King.of William D.one through four . Mbna America Bank NA presents a competent fact witness to rebut all articles . unless prior to that time. Wisconsin 53707-7857 Courtesy copy to: (slimeball attorney) James A.O. 2003. South Carolina. and sets the matter for hearing. making their statements under penalty of perjury. County of Columbia.

King South CT McFarland. 03-CV 8888 Brief in opposition to confirmation of an arbitration award Brief in support William D. William D. State of Wisconsin Circuit Court Dane County In the Matter of the Arbitration between Mbna America Bank N A 665 Paper Mill Road Stop 1411 Wilmington DE 19884-1411 A foreign corporation. William D. state as follows based on my own personal knowledge: 1.31 - . 2. there are two suits – one to get the judgment. King. King.” or by “Mbna America Bank NA” meeting the minimum contacts requirements for in personam jurisdiction. and one to collect the judgment. P. A confirmation of an arbitration award is a variation of an “in rem” proceeding for collection – they still have to prove their claim. Affidavit I.Answering a confirmation of an arbitration award where the so-called arbitration hearing was held in your state depriving you of the defense that the arbitration forum was a trespass on you substantive due process rights.O. King moves this court for summary judgment of this court in favor of William D. Box 15168 Wilmington DE 19850 Vs. Remember: in every lawsuit. I am not in receipt of any document that verifies I have a contract with Mbna America Bank NA. of age and competent to testify. . I am not in receipt of any document which verifies that Mbna America Bank NA has standing to sue in any Wisconsin court by virtue of being duly registered as “Mbna America Bank NA. Wisconsin 53000 Case No.

2d 861.W. a Notary Public in and for said County and State on this ____ day of ________. The forum selection clause must be “fundamentally fair. I am not in receipt of any document.S. at 595. I have been damaged financially.” Shute. 499 U. Day. 557 N.3. American Airlines.A.2d at 908. 200__. 4. Costa Armatori. absent a written agreement.32 - . Inc. 1364 (9th Cir. S.. Inc. 816 F. My commission expires __________ ________________ Notary Public Memorandums of law Title 9. 722 F. Forum selection clauses in contracts of adhesion are unenforceable if the clause is expressed in fine print. 5. which verifies that Mbna America Bank NA authorized this action or is even aware of it. In re: Hodes. King STATE OF _______________ INDIVIDUAL ACKNOWLEDGMENT COUNTY OF _____________ Before me. personally appeared __________________________ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act. however. Section 4 provides remedy for failure to engage in arbitration. 1987). socially. the federal district court is deprived of jurisdiction to order arbitration. As a result of the harassment of James A. Memorandum of law in support of the point of law that party alleging to be creditor must prove standing . Given under my hand and seal the day and year last above written.. and emotionally. placed in the contract to avoid litigation. the undersigned.2d 475. Forum selection clause must be reasonable communicate terms and be fundamentally fair Deiro v. which verifies that I agreed to arbitraton. v.P. See Johnson and Johnson.2d 1360. 858 F. I am not in receipt of any document. Holland America Line-Westours.. 866 (1st Cir. or if the forum selection clause could not have been disputed without impunity as part of a freely negotiated contract. ________________________________ William D. and Shankles v. 1983).

. and (4) that a certain balance is due and owing on the note.) Volume 29 of the New Jersey Practice Series. Ltd. then there is no note. 1999 (5th Circuit Court of Appeals. 389 (Bkrtcy. (3) that the plaintiff is the owner or holder of the note. Contracts S 170(3).J. Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. Mortgages S 469 in Carnegie Bank v Shalleck 256 N.Mbna America Bank NA has failed or refused to produce the actual note which Mbna America Bank NA alleges William D.J. and no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon.D.S. the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to N. the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party. Where the complaining party cannot prove the existence of the note. (2) that the party sued signed the note. emphatically states.S. See Restatement.. page 566. the Appellate Division held. & Inv.J. “Under the New Jersey .98-50117 February 18. and prove that certain balance is due and owing on any alleged note.33 - . Inc.. See Matter of Staff Mortg. Div 1992).1994).” Bankruptcy Courts have followed the Uniform Commercial Code.J. See In Re: SMS Financial LLc. In Re Investors & Lenders. To recover on a promissory note. “When the underlying mortgage is evidenced by an instrument meeting the criteria for negotiability set forth in N.2d 1228 (9th Cir 1977). King owes. 165 B. It would seem that the mortgagor would normally have a Common law right to demand production or surrender of the bond or note and mortgage.. No. Abco Homes.S. New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question. prove that the plaintiff is the owner and holder of the alleged note. Super 23 (App. 12A:3302" Since no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course. v. “Under the Uniform Commercial Code. prove that the party sued signed the alleged note. (4) (1932).R. Corp. Chapter 10 Section 123.J. his agent or bailee. 550 F.N. 12A:3-104. the plaintiff must prove: (1) the existence of the note in question. C. “. as the case may be.

513 A. S.” Memorandum of law in support of the point of law that to prove damages in foreclosure of a debt. S. Israel & Hornik. v. Israel & Hornik. Israel & Hornik.U. Inc. promissory note is “instrument. Godbole..34 - . 371. See Pacific Concrete F. are the actual holders in due course invest as although typically in the scam. Super. worthless bundles of commercial paper in the form of copies of charged off debt are sold at auction. App. Israel & Hornik. Kauanoe. (Conn. 614 P.2d 1218. far-reaching scam of artists such as Rausch. How the scam works: In a back room of the Chicago Board of Trade. 334. then allege they are third party debt collectors attempting to collect for the original maker of the loan. 62 Haw.2000). party must enter the account and general ledger statement into the record through a competent fact witness To prove up claim of damages. The typical face value of the bundles often amounts to tens of millions of dollars. V.Uniform Commercial Code (NJUCC). S. Candlewood Shores Estates.. a wide-spread.C. little as 75 cents on the hundred face for the worthless commercial paper. Sturm. Rptr. the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger. 3d 845. then break apart the bundles and resell the worthless commercial paper in clusters based on the original mortgagee and geographic location. 163 Ill. GE Capital Hawaii.1 (1986). Actors up line from such artists as Sturm.3d 807.C. See also Solon v. Inc.2d 936 (1980). Mandatory judicial notice Mbna America Bank NA is a subset of the debt collection racket. which as a . foreclosing party must enter evidence incorporating records such as a general ledger and accounting of an alleged unpaid promissory note.C. 96 Hawaii 32. 114 Il.C. 201 Conn. Sturm. L.” security interest in which must be perfected by possession . Norwich Housing Authority 28 Conn. This racket is particularly heinous in the case of credit card contracts.C. (Hawaii App 2001). and Town of Brookfield v. The mortgagees are often not harmed because they often have hypothecated the loan and have risked nothing. Fooks v. artists such as Sturm. Yonenaka 25 P. S.

CitiMortgage v. Colorado. Tennessee. Monmouth County. and Conseco Finance Corporation v. with the cooperation of a local judge. Los Angeles County. Oklahoma case number CS 02-7225. Declaration Fifteen days from the verifiable receipt of this motion for summary judgment. US (a major syndicate player in the holder in due course fraud racket) v. County of Orangeburg. Walker and Esler C. unless prior to that . case number EC 032786. Tulsa County. The scam is complete when artists such as Sturm. Borum. Bascom. First Collection Services v. Bank of America v. and Discover Bank versus Roger Braker and Sharon A. case number 03-SC-640. Oklahoma County. Georgia. case number 98 CH 0913. belong. Highlands County Michigan. Carney. Oklahoma County. Citicorp Mortgage v. Creditors Recovery Corporation v. South Carolina. Hausler. S.continuing series of offers to contract. Bancorp. Oklahoma case number CS-2002 116. defraud parties such as William D. Clark County. Case number 03-754-SPS. For other examples of this racket. Wisconsin. Combined Court Fremont County. an order shall be prepared and submitted to the court for ratification. case number CS-2003-2488. Oklahoma case number CS 99-332-25. General Sessions Court. are non-transferable. Israel & Hornik. This scam is wide-spread. Muscogee County. Ray. Banco Popular v.35 - . Elowl. far-reaching and the main racket of the private business organizations to which artists such as Sturm. Discover Bank versus Larry Pasket. First USA Bank v. New Hanover County. docket number 00-CP-38-1033.C. County of Monroe. New York. Illinois. California. index number 4522/00. Davis. Discounts R. see Discover Bank versus Angie G. Smith County. UMB USA Verus David Misurelli. Civil Action File number 03-CV-2295. Court of Common Pleas. V. Tecchio. County of Columbia. Court of Common Pleas. North Carolina case number 02 SP 338 & 02 SP 598. Walker. case number F-12473-97. King. Caddo County. Plosnich. Israel & Hornik. New Jersey. Lance. Braker. Direct Merchants Credit Card Bank v. Capital One Bank versus Barbara Davis and Phil C. docket number 00-CP-02-397. case number 8758-24-179.C. case number 2003C 000890. General Court of Justice. Oklahoma. South Carolina. DuPage County. Sommers. S. Choisnard.

supporting all the rebutted articles with evidence which would be admissible at trial.O. King. William D. King Copy to: (attorney general) Peg Lautenschlager P. certify that _________________. King’s affidavit. Wisconsin 53227 Like I say.time. ______________________________ William D.of William D. return receipt requested to: Mbna America Bank NA’s agent for service of process. and sets the matter for hearing. Wisconsin 53707-7857 Courtesy copy to: (slimeball attorney) James A. making their statements under penalty of perjury. Day 2448 South 102nd Street Milwaukee. Box 7857 Madison. King Certificate of service I. Mbna America Bank NA presents a competent fact witness to rebut all articles one through four .36 - . I mailed a true and correct copy of the above and foregoing motion for summary judgment via certified mail. hit them hard! . 2003. Prepared and submitted by: _________________________________________________ William D.

STATE OF WISCONSIN Discover Bank Plaintiff. Glenwood. 2. I am not in receipt of any document which verifies that Discover Bank has standing to sue in any Wisconsin court by virtue of being duly registered as “Discover Bank. Vs. I am not in receipt of any document which verifies that I have a contract with Discover Bank. 4. 3. Affidavit I.What if they give up on collections and file suit against you? File a motion to dismiss their suit. Defendant’s motion to dismiss for failure to state a claim upon which relief can be granted Brief in support Larry Cherry motions this court to dismiss case numbered as 03-SC-640 with prejudice. Defendant’s motion to dismiss Case Number 03-SC-3333 CIRCUIT COURT CLARK COUNTY . I am not in receipt of any document which verifies that I owe Discover Bank money. Wisconsin 54444 Defendant.” or by “Discover Bank” meeting the minimum contacts requirements for in personam jurisdiction in Wisconsin. Larry Cherry. An individual N12654 Golden Ave. state as follows based on my own personal knowledge: 1. of age and competent to testify. Discover Bank has failed to state a claim upon which relief can be granted. I am not in receipt of any document which verifies that corporations have standing to sue in the small claims courts of Wisconsin. Larry Cherry.37 - .

38 - . Richburg. No. and (4) that a certain balance is due and owing on the note. I am not in receipt of any document which verifies that Discover Bank authorized this action or is even aware of it. and emotionally.98-50117 February 18..) Volume 29 of the New Jersey Practice Series. the plaintiff must prove: (1) the existence of the note in question.5. a Notary Public in and for said County and State on this ____ day of ________. 200__. Richburg failed or refused to produce the actual note which Discover Bank alleges Larry Cherry owes. page 566. See In Re: SMS Financial LLc. emphatically states. then there is no note. personally appeared __________________________ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act. and no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon.. “. (2) that the party sued signed the note. I have been damaged financially. (3) that the plaintiff is the owner or holder of the note. Given under my hand and seal the day and year last above written. Chapter 10 Section 123. socially. To recover on a promissory note. the undersigned. Inc. As a result of the harassment by Matthew J. It would seem that the mortgagor would normally have a Common law right to demand .. Abco Homes. v. ________________________________ Larry Cherry STATE OF _______________ INDIVIDUAL ACKNOWLEDGMENT COUNTY OF _____________ Before me. 6. My commission expires __________ ________________ Notary Public Memorandums of law Memorandum of law in support of the point of law that party alleging to be creditor must prove standing Matthew J. Where the complaining party can not prove the existence of the note. 1999 (5th Circuit Court of Appeals.

as the case may be.R. Super 23 (App. Yonenaka 25 P. “Under the New Jersey Uniform Commercial Code (NJUCC). 550 F.” Memorandum of law in support of the point of law that to prove damages in foreclosure of a debt.J. Inc.S. (4) (1932). prove that the party sued signed the alleged note. prove that the plaintiff is the owner and holder of the alleged note. promissory note is “instrument. and prove that certain balance is due and owing on any alleged note.2d 936 (1980). V. the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger.J.2d 1228 (9th Cir 1977). C. Div 1992).” Bankruptcy Courts have followed the Uniform Commercial Code.S. 12A:3-104.39 - .U. the Appellate Division held. & Inv. 614 P. 334. “Under the Uniform Commercial Code. his agent or bailee. foreclosing party must enter evidence incorporating records such as a general ledger and accounting of an alleged unpaid promissory note. Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. 389 (Bkrtcy..” security interest in which must be perfected by possession . the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party. New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question.. 62 Haw.3d 807.S. party must enter the account and general ledger statement into the record through a competent fact witness To prove up claim of damages. “When the underlying mortgage is evidenced by an instrument meeting the criteria for negotiability set forth in N. Ltd. 96 .J.1994). Mortgages S 469 in Carnegie Bank v Shalleck 256 N. Contracts S 170(3).J. Corp. See Matter of Staff Mortg. In Re Investors & Lenders.J.C. v. Kauanoe. See Pacific Concrete F.D.N. 12A:3-302" Since no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course. the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to N.. See Restatement.production or surrender of the bond or note and mortgage. GE Capital Hawaii. 165 B.

farreaching scam of artists such as Matthew J. Mandatory judicial notice Discover Bank is a subset of the debt collection racket. Rptr. App. The mortgagees are often not harmed because they often have hypothecated the loan and have risked nothing. The typical face value of the bundles often amounts to tens of millions of dollars.2000). This scam is wide-spread. How the scam works: In a back room of the Chicago Board of Trade. This racket is particularly heinous in the case of credit card contracts. L. Richburg. are the actual holders in due course although typically in the scam. The scam is complete when artists such as Matthew J. Richburg.C. 201 Conn. with the cooperation of a local judge. Richburg belong. then break apart the bundles and resell the worthless commercial paper in clusters based on the original mortgagee and geographic location of the individual copies. 114 Il. Godbole. Actors up line from such artists as Kohn Law Firm S. Super. a wide-spread. invest as little as 75 cents on the hundred face for the worthless commercial paper. (Hawaii App 2001). 3d 845. defraud parties such as Larry Cherry. 163 Ill.2d 1218. Norwich Housing Authority 28 Conn. For other examples of this racket specifically involving “Discover Bank” see Discover Bank . Artists such as Kohn Law Firm S. which as a continuing series of offers to contract.Hawaii 32. worthless bundles of commercial paper in the form of copies of charged off debt are sold at auction. Fooks v. 513 A. Candlewood Shores Estates.40 - . then allege they are third party debt collectors attempting to collect for the original maker of the loan.C. Inc.C.1 (1986). 371. are non-transferable. (Conn. See also Solon v. artists such as Kohn Law Firm S. far-reaching and the main racket of the private business organizations to which artists such as Matthew J. and Town of Brookfield v.

and Discover Bank versus Roger Braker and Sharon A. an order shall be prepared and submitted to the court for ratification. Williams. Oklahoma County. Walker and Esler C. Rocky River Municipal court. This court’s inquiry. making their statements under penalty of perjury. Braker. Civil Action File number 03-CV-2295. Rocky River. Oklahoma. case number 02CVF 1514. I mailed a true and correct copy of the above and foregoing motion to dismiss via certified mail.versus Angie G. Ohio. ______________________________ Larry Cherry Copy to: Peg Lautenschlager P. Discover Bank presents a competent fact witness to rebut all articles .one through five .O. Box 7857 Madison. case number CS-2003-2488. Georgia.of Larry Cherry affidavit. certify that _________________. Wisconsin 53707-7857 . return receipt requested to: Discover Bank’s agent for service of process. Walker. Larry Cherry. reasonable under the circumstances. Muscogee County. supporting all the rebutted articles with evidence which would be admissible at trial. unless prior to that time. establishes a pattern of racketeering with Discover Bank as the enterprise unless Discover Bank enters an appearance in this instant case and joins in the vacation of void judgment number 02-CVF-1514. Prepared and submitted by: _________________________________________________ Larry Cherry Certificate of service I.41 - . Declaration September 23rd 2003. Discover Bank versus Naomi R. 2003.

Gonzales v. Dolbear v. 52 L. Ed. 693. Vs. Ct. Ct. There being no attempt to state actual facts through a competent fact witness. Lovasco (06/09/77) 431 U.S.S. for as all competent legal advisors know.S. Buist. Richburg purports to state facts in Richburg’s so-called STATEMENT OF FACTS. 126. Defendant. American Bell Telephone Company. Molecular Telephone Company v. 32 S. 463. American Bell Telephone Company v. What Richburg calls facts are in actuality Richburg’s theories and conclusions about this instant case. (10/31/10) 218 U. frivolous on its face. however. a party cannot be both witness and counsel in the same cause. Ed. Ed. STATE OF WISCONSIN Discover Bank Plaintiff. 31 S. response. Holt v. statements of counsel in brief or in argument are not facts before the court. 56 L.. 2d 752. this court cannot notice the conclusory materials contained in Richburg’s socalled statement of facts. as all competent legal advisors know. Clay Commercial Telephone . American Bell Telephone Company. 97 S.42 - . CIRCUIT COURT CLARK COUNTY Defendant’s reply. Telephone Cases. Ct. Molecular Telephone Company. 783. United States. 54 L. Richburg’s brief in opposition to defendant’s motion to dismiss is a substantive and procedural nullity. (04/01/12) 224 U. See United States v. 2044. 1021. 2. Larry Cherry. and counter motion for summary judgment Case Number 03-SC-333 Defendant’s reply to plaintiff’s brief in opposition to defendant’s motion to dismiss / response to plaintiff’s motion for summary judgment / defendant’s counter motion for summary judgment Reply to plaintiff’s brief in opposition to defendant’s motion to dismiss Matthew J. 245.How to respond to some slimeball’s answer to your motion to dismiss.

647. whether Larry Cherry owed Discover Bank money.S. D. To state a claim in a debt collection action. 778. Richburg’s patently frivolous arguments Rebuttal of Mr. Pa. American Bell Telephone Company.43 - . This court is further noticed: Discover Bank failed or refused to rebut Larry Cherry’s affidavit: This court has actual knowledge: Discover Bank does not have a contract . 863.Company v. and (2). Ct. or committing an act within a jurisdiction. 1964.” Again. Damages as evidenced by the account and general ledger statement signed and dated by the party responsible for account. operating a business in a jurisdiction. Overland Telephone Company v. Richburg is literally so ignorant that he doesn’t know the difference between those elements for personal jurisdiction over a defendant which are: domiciled in a jurisdiction. plaintiff must show: (1). Rebuttal of Mr.” Matthew J. Ed. This court is noticed: Larry Cherry challenged whether Discover Bank had a contract with Larry Cherry. and whether Discover Bank authorized this action. The following fact is before this court: This court does not have jurisdiction over this instant case for reason that Discover Bank lacks standing to sue in Wisconsin courts. 229 F.. C. This Court has personal jurisdiction over the defendant and defendant’s motion to dismiss should be denied. Pagliaro. and standing to sue within a jurisdiction which relies on either being licensed to do business in a jurisdiction or evidence minimum contacts within the jurisdiction. 8 S. Richburg’s frivolous argument: “II. Response to plaintiff’s motion for summary judgment: rebuttal of Matthew J. This court is noticed: Discover Bank failed or refused to rebut the affidavit of Larry Cherry challenging the standing of Discover Bank to sue. Standing to sue in the venue. Plaintiff’s complaint does state a claim upon which relief can be granted and defendant’s motion to dismiss should be denied. Richburg’s frivolous argument: “I. 31 L. and Trinsey v. 1. People’s Telephone Company v. (2). American Bell Telephone Company. owning property within a jurisdiction. Matthew J. Richburg demonstrates his incompetence in the law. Standing to sue by actual possession of the note. Supp. American Bell Telephone Company. (PART TWO OF THREE) (03/19/88) 126 U.

(3). and the plaintiff is entitled to summary judgment as a matter of law. ______________________________ Larry Cherry Copy to: Peg Lautenschlager P.with Larry Cherry. Milwaukee. & 1964(a). Larry Cherry has been damaged financially. Rebuttal of Mr. certify that _________________. Discover Bank did not authorize this action. remedy sought. Larry Cherry does not owe Discover Bank money. and emotionally by this frivolous action. (2). socially. Discover Bank did not authorize this action. however. Conclusion. Richburg. Larry Cherry. and (5). 1962.44 - . response and motion to: Matthew J. Defendant Larry Cherry’s motion for summary judgment Brief in support Triable issues of material fact to which there is no dispute: (1). Richburg’s frivolous argument: “III. and prayer for relief The cause of justice and proper administration of law require judgment for Larry Cherry and against Discover Bank along with monetary sanctions applied against Matthew J.” Richburg is correct: there is no genuine issue as to any material fact. 2003. Prepared and submitted by: _________________________________________________ Larry Cherry Certificate of service I. This court’s swift response to apply the remedy avoids the conclusion that this court is willfully involved in violation of law including law occurring at 18 USC § § 1961. (4). it is Larry Cherry who is entitled to summary judgment as a matter of law. I mailed a true and correct copy of the above and foregoing reply. Discover Bank has no contract with Larry Cherry. There is no genuine issue as to any material fact.O. Richburg sufficient to amend Richburg’s bad behavior of filing a patently frivolous lawsuit. 312 E. Suite 501. Box 7857 . Discover Bank lacks standing to sue in Wisconsin courts. Wisconsin Ave. Larry Cherry does not owe Discover Bank money. Wisconsin. 53202-4305.

Documents proffered by Kuhlman and Kuhlman are insufficient to validate the alleged debt. Kuhlman and Kuhlman violated David Majestic’s due process rights by proceeding with collection activity without validating the debt. Wisconsin 53707-7857 What if the court (judge) denies your motion to dismiss? File an answer and a counterclaim: COMBINED COURT OF FREMONT COUNTY. THIRD AFFIRMATIVE DEFENSE: David Majestic denies that UMB USA is a current contract holder with David Majestic and demands strict proof. Third party debt collectors and racketeers. SECOND AFFIRMATIVE DEFENSE: David Majestic denies that UMB USA has standing to bring suit in Colorado courts and demands strict proof. Canon City.45 - . COLORADO Fremont County Courthouse 136 Justice Center Rd. .Madison. Colorado 81212 ______________________________ Case Number: 2003C 000000 __________________________________________ Division A UMB USA. FOURTH AFFIRMATIVE DEFENSE: David Majestic denies that David Majestic owes UMB USA money and demands strict proof. Plaintiff and defendant on counterclaim David Majestic Defendant and plaintiff on counterclaim ________________________________________________________________________ Answer and counterclaim ________________________________________________________________________ Answer brief FIRST AFFIRMATIVE DEFENSE: This court is deprived of subject matter jurisdiction to hear UMB USA’s claim.

4. Kuhlman and Kuhlman & Kuhlman have committed fraud by preparing and submitting false documents to this court with the intention that this court and David Majestic rely on the false documents to the detriment of David Majestic Affidavit I. by and through Kuhlman & Kuhlman have worked a fraud on this court.FIFTH AFFIRMATIVE DEFENSE: This court is deprived of subject matter jurisdiction to rule favorably for UMB USA for reason that UMB USA. Given under my hand and seal the day and year last above written. I am not in receipt of any document which verifies that I owe UMB USA money. I am not in receipt of any document which verifies that UMB USA has standing to sue in any Colorado court by virtue of being duly registered as “UMB USA. I have been damaged financially. 3. personally appeared __________________________ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act. ________________________________ David Majestic STATE OF _______________ INDIVIDUAL ACKNOWLEDGMENT COUNTY OF _____________ Before me. My commission expires __________ . 2. a Notary Public in and for said County and State on this ____ day of ________. I am not in receipt of any document which verifies that I have a contract with UMB USA. and emotionally. the undersigned. of age and competent to testify. state as follows based on my own personal knowledge: 1. I am not in receipt of any document which verifies that UMB USA authorized this action or is even aware of it. socially. Kuhlman. 200__.46 - .” or by “UMB USA” meeting the minimum contacts requirements for in personam jurisdiction. Brief in support of counterclaim UMB USA by and through Kenton H. David Majestic. 5. As a result of the harassment of Kenton H.

this court has willfully acceded to fraud absent this court’s swift response to dismiss UMB USA’s fraudulent claim sua sponte and assist in the prosecution of UMB USA and Kuhlman & Kuhlman under authority of 18 USC 1961 & 1962. remand of UMB USA and Kuhlman & Kuhlman to other authority for prosecution. Remedy sought and prayer for relief The rule of law requires dismissal of UMB USA’s claim with prejudice.________________ Notary Public Second mandatory judicial notice This court was previously informed that UMB USA and Kuhlman & Kuhlman are involved in racketeering. Kuhlman. This court breached duty occurring at 18 USC 4 to make inquiry. TRIAL BY JURY DEMANDED Prepared and submitted by: _________________________________________________ David Majestic Certificate of service I. Greenwood Village. Suite 170. whatever sum is necessary to amend the bad behavior of UMB USA and Kuhlman & Kuhlman. 2003. certify that _________________. return receipt requested to: Kenton H. I mailed a true and correct copy of the above and foregoing answer and counterclaim via certified mail. 5290 DTC Parkway. David Majestic. Colorado 80111-2764 ______________________________ David Majestic Copy to: Ken Salazar 1525 Sherman St. and subject to a jury’s determination that UMB USA and Kuhlman & Kuhlman have committed fraud.47 - . and for reason that this court has actual knowledge that UMB USA failed to rebut the affidavit of David Majestic. 7th floor .

Aaron disputes that Citibank (South Dakota) N. Docket number CV-03—00000 Citibank (South Dakota) N. and demands strict proof. .A. David P. David P.A.A. Aaron disputes that David P.’s corporate charter authorizes Citibank (South Dakota) N.Denver. defendant and plaintiff on counterclaim. WE LAUNCH DISCOVERY UP FRONT. Aaron disputes that Citibank (South Dakota) N. ) ) ) ) ) ) ) ) ) Superior Court Middlesex Judicial District Defendant’s amended answer and counterclaim Brief in support of answer David P. money and demands strict proof.A. David P.’s corporate charter authorizes Citibank (South Dakota) N. Aaron disputes that David P.A. skip being “Mr. has standing to sue in Connecticut courts and demands strict proof. to engage in consumer lending and demands strict proof. Aaron has a contract with Citibank (South Dakota) N. Nice Guy” and go for the jugular! NOTICE IN THIS STRATEGY. v. Aaron owes Citibank (South Dakota) N. Aaron. Aaron disputes that Citibank (South Dakota) N.A. to sue in foreclosure of consumer debt and demands strict proof.48 - . David P. David P.A. plaintiff and defendant on counterclaim.A. Colorado 80203 Or.

C. Albany. P.C.. Aaron in a sum of not less than twenty-two thousand. P. Brief in support of counterclaim Citibank (South Dakota) N. authorized this action by delegating authority to Solomon and Solomon.49 - . New York 12203 ________________________ David P.653.A. Aaron.30 warranting damages to be paid to David P.A. nine hundred fifty nine dollars and ninety cents ($22. Aaron rely on the false document to deprive David P..A.A. certify that February ____.959. Citibank (South Dakota) N.C. Aaron owes Citibank (South Dakota) N. Aaron of money and property. and fraudulently alleges that David P. David P. 2004.. Prepared and submitted by: ____________________ David P. Aaron .David P. the sum of $7. New York and demands strict proof. Aaron disputes that Citibank (South Dakota) N. I mailed a true and correct copy of the above and foregoing answer and counterclaim to: Linda Clark Devaney 5 Columbia Circle Albany. P. by and through Solomon and Solomon. by and through Solomon and Solomon. falsely alleges that David P.A. of 5 Columbia Circle. Aaron has a contract with Citibank (South Dakota) N. has committed fraud by preparing and submitting a known false document to this court with the intention that David P.90) or the standard damages for fraud. CT 06444 CERTIFICATE OF SERVICE I. Aaron 3 Ridgefield Drive Middletown.

plaintiff and defendant on counterclaim. David P. Instructions 1. including information contained in the records .A. defendant and plaintiff on counterclaim. (please note: where discovery requests are directed to a corporation.A. You are required to answer each request for admissions separately and fully. under oath. counsel for the corporation is required to nominate officers of the corporation to answer). David P. in writing.A.50 - . Aaron. Defendant. These requests for admissions are directed toward all information known or available to Citibank (South Dakota) N.A. v. Aaron within (30) days after service of these requests for admissions. submits the following request for admissions to plaintiff Citibank (South Dakota) N.Docket number CV-03—0102620 Citibank (South Dakota) N.A. and to serve a copy of the responses upon David P. Aaron. To: Citibank (South Dakota) N. ) ) ) ) ) ) ) ) ) Superior Court Middlesex Judicial District Defendant’s request for admissions to plaintiff Citibank (South Dakota) N.

A. has no regular. is not licensed to do business in Connecticut by virtue of being registered with the Secretary of State of Banking and nominating an agent for service of process.A.51 - .A.A.A. they shall be answered as completely as possible and incomplete answers shall be accompanied by a specification of the reasons for the incompleteness of the answer and of whatever actual knowledge is possessed with respect to each unanswered or incompletely answered request for admission. Each request for admissions is to be deemed a continuing one.’s custody or control or available to Citibank (South Dakota) N. “Document” includes every piece of paper held in your possession or generated by you.A and logos appearing at retail outlets clearly signing “Citibank (South Dakota) N. If. Requests for admissions First admission: Admit or deny that Citibank (South Dakota) N. 2. you are requested to serve a supplemental answer setting forth such information. Where requests for admissions cannot be answered in full.” Admitted____ Denied____ . As to every request for an admission which you fail to answer in whole or in part. Definitions a. after serving an answer to any request for an admission. the subject matter of that admission will be deemed confessed and stipulated as fact to the court. also known as “minimum contacts” as would be evidenced by such things as yellow pages listings for Citibank (South Dakota) N. “You” and “your” include Citibank (South Dakota) N. Admitted____ Denied____ Second admission: Admit or deny that Citibank (South Dakota) N. upon reasonable inquiry. and any and all persons acting for or in concert with Citibank (South Dakota) N.and documents in Citibank (South Dakota) N. b. systematic way of doing business in Connecticut.A. you obtain or become aware of any further information pertaining to that request for admission.A. 3.

A. to engage in consumer lending. Aaron presently owes Citibank (South Dakota) N. .A. Admitted____ Denied____ Fifth admission: Admit or deny that Citibank (South Dakota) N.Third admission: Admit or deny that Citibank (South Dakota) N. has been informed by counsel that a credit card contract is a continuing series of offers to contract and as such is not transferable.’s is not the present holder of a contract with David P. never had any sums of money or capital at risk in the contract with David P.A. Aaron.A. Aaron. Admitted____ Denied____ Sixth admission: Admit or deny that Citibank (South Dakota) N. had with David P. Aaron. Admitted____ Denied____ Ninth admission: Admit or deny that Citibank (South Dakota) N. Admitted____ Denied____ Seventh admission: Admit or deny that Citibank (South Dakota) N. to bring suits in foreclosure of consumer debts.A. possesses no account and general ledger statement verifying that David P.A.A.A.A. sold the contract which Citibank (South Dakota) N.’s charter does not authorize Citibank (South Dakota) N.’s charter does not authorize Citibank (South Dakota) N.A. money.A.52 - . Admitted____ Denied____ Fourth admission: Admit or deny that Citibank (South Dakota) N. Admitted____ Denied____ Eighth admission: Admit or deny that Citibank (South Dakota) N.

C. as. know and understand that attorneys who purchase evidence of debt and then file lawsuits in the name of the original maker of the debt are committing felony fraud. to aid and abet felony fraud. .53 - .A. it is Solomon and Solomon P. Admitted____ Denied____ ____________________ _________ __________________________________________ Print name title Officer of Citibank (South Dakota) N.A.’s loss. cannot be affected financially by the outcome of litigation against David P.A.A. if the suit is lost.’s win. know and understand that Solomon and Solomon P. it is Solomon and Solomon P.C. then rely on Citibank (South Dakota) N. Admitted____ Denied____ Eleventh admission: Admit or deny that officers of Citibank (South Dakota) N. it is common practice to sell the charged off debt for deep discounts to lawyers in the debt collection business.A.A.C. know and understand that after a credit card is charged off. Admitted____ Denied____ Twelfth admission: Admit or deny that officers of Citibank (South Dakota) N. routinely purchases evidence of debt from Citibank (South Dakota) N. Aaron.. Admitted____ Denied____ Thirteenth admission: Admit or deny that Citibank (South Dakota) N.A.Admitted____ Denied____ Tenth admission: Admit or deny that officers of Citibank (South Dakota) N. and if the suit is won.

Aaron Certificate of service I. New York 12203 ________________________ David P. return receipt requested to: Linda Clark Devaney 5 Columbia Circle Albany. My commission expires ___________ _____________________________ Notary Prepared and submitted by: ________________________ David P.54 - . David P.State of __________________ County of __________________ Before me this day appeared _____________________. certify that ___________ ____. 2004. I mailed a true and correct copy of the above and foregoing request for admissions via certified mail. known to me as the person who made the above and foregoing statements of his own free will. Aaron . Aaron.

defendant and plaintiff on counterclaim.Docket number CV-03—0102620 Citibank (South Dakota) N. Aaron can view the documents (in Middletown. Aaron. submits the following request for production of documents to plaintiff Citibank (South Dakota) N.A. Aaron with verified copies of all documents. you are required to state that it does not exist. To: Citibank (South Dakota) N. you can furnish David P. David P. Alternately. Aaron. Defendant. plaintiff and defendant on counterclaim. David P. v. Failure to comply fully or partially with this request within thirty days of receipt of service shall be deemed a confession that the document does not exist or that Citibank (South Dakota) N.A. ) ) ) ) ) ) ) ) ) Superior Court Middlesex Judicial District Defendant’s request for production of documents to plaintiff Citibank (South Dakota) N.A. and time that David P. Instructions .A. is committing fraud by concealment.A. Aaron of the date. place. If the document does not exist. Connecticut) and make copies.55 - . You are required to inform David P.

showing all receipts and disbursements. Each request for production of documents is to be deemed a continuing one. front and back. P.A. Aaron has with Citibank (South Dakota) N. Definitions a. Fourth document: The copy. of the contract Citibank (South Dakota) N. and any and all persons acting for or in concert with Citibank (South Dakota) N.A.C.A. alleges David P.A.A.56 - . 2. If.A. alleges David P. front and back.A has with Solomon and Solomon. upon reasonable inquiry.A. verified under penalty of perjury by an employee of Citibank (South Dakota) N. “You” and “your” include Citibank (South Dakota) N. you are requested to serve a supplemental answer setting forth such information. Second document: The account and general ledger of each and every contract Citibank (South Dakota) N.A. Third document: The copy. including information contained in the records and documents in Citibank (South Dakota) N.A.1.A. Aaron has with Citibank (South Dakota) N. front and back of Citibank (South Dakota) N. “Document” includes every piece of paper held in your possession or generated by you.’s custody or control or available to Citibank (South Dakota) N. These requests for production of documents is directed toward all information known or available to Citibank (South Dakota) N.’s corporate charter. you obtain or become aware of any further information pertaining to that requested production of documents. of the contract for services which Citibank (South Dakota) N. A. showing any and all assignments or allonges. b. after serving an answer to any request for an admission. Requests for production of documents First document: All pages. .

Prepared and submitted by: ________________________ David P. Aaron Certificate of service I, David P. Aaron, certify that ___________ ____, 2004, I mailed a true and correct copy of the above and foregoing request for production of documents via certified mail, return receipt requested to: Linda Clark Devaney 5 Columbia Circle Albany, New York 12203 ________________________ David P. Aaron What if your time to answer is past? File a motion for a summary judgment. State of Michigan In the 45-B Judicial District Court Discover Bank Plaintiff, Vs. John W. Smart Donna Smart Defendants. ___________________________/ Defendants’ motion for summary judgment Brief in support John W. Smart and Donna Smart move this court for summary judgment of this court in favor of John W. Smart and Donna Smart. Affidavit I, John W. Smart, of age and competent to testify, state as follows based on my own personal knowledge: - 57 Case No. 03-11111 GC

1. I am not in receipt of any document which verifies that Discover Bank has standing to sue in any Michigan court by virtue of being duly registered as “Discover Bank,” or by “Discover Bank” meeting the minimum contacts requirements for in personam jurisdiction. 2. I am not in receipt of any document which verifies that I have a contract with Discover Bank. 3. I am not in receipt of any document which verifies that I owe Discover Bank money. 4. I am not in receipt of any document which verifies that Capital One Bank authorized this action or is even aware of it. 5. As a result of the harassment of Alma L. Tyler, I have been damaged financially, socially, and emotionally. ________________________________ John W. Smart STATE OF _______________ INDIVIDUAL ACKNOWLEDGMENT COUNTY OF _____________ Before me, the undersigned, a Notary Public in and for said County and State on this ____ day of ________, 200__, personally appeared __________________________ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act. Given under my hand and seal the day and year last above written. My commission expires __________ ________________ Notary Public Affidavit I, Donna Smart, of age and competent to testify, state as follows based on my own personal knowledge: 1. I am not in receipt of any document which verifies that Discover Bank has standing to sue in any Michigan court by virtue of being duly registered as “Discover Bank,” or by “Discover Bank” meeting the minimum contacts requirements for in personam jurisdiction. 2. I am not in receipt of any document which verifies that I have a contract with Discover Bank. 3. I am not in receipt of any document which verifies that I owe Discover Bank money.

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4. I am not in receipt of any document which verifies that Capital One Bank authorized this action or is even aware of it. 5. As a result of the harassment of Alma L. Tyler, I have been damaged financially, socially, and emotionally. ________________________________ Donna Smart INDIVIDUAL ACKNOWLEDGMENT

STATE OF _______________ COUNTY OF _____________ Before me, the undersigned, a Notary Public in and for said County and State on this ____ day of ________, 200__, personally appeared __________________________ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act. Given under my hand and seal the day and year last above written. My commission expires __________ ________________ Notary Public Memorandums of law Memorandum of law in support of the point of law that party alleging to be creditor must prove standing Discover Bank has failed or refused to produce the actual note which Discover Bank alleges John W. Smart and Donna Smart owe. Where the complaining party cannot prove the existence of the note, then there is no note. To recover on a promissory note, the plaintiff must prove: (1) the existence of the note in question; (2) that the party sued signed the note; (3) that the plaintiff is the owner or holder of the note; and (4) that a certain balance is due and owing on the note. See In Re: SMS Financial LLc. v. Abco Homes, Inc. No.98-50117 February 18, 1999 (5th Circuit Court of Appeals.) Volume 29 of the New Jersey Practice Series, Chapter 10 Section 123, page 566, emphatically states, “...; and no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon. It would seem that the mortgagor would normally have a Common law right to demand production or surrender of the bond or note and mortgage, as the case may be. See Restatement, Contracts S 170(3), (4) (1932); C.J.S. Mortgages S 469 in Carnegie Bank v Shalleck 256 N.J. Super 23 (App. Div 1992), the Appellate Division held, “When the underlying mortgage is evidenced by an instrument meeting the criteria for - 59 -

V. Kauanoe.” security interest in which must be perfected by possession . Inc. Corp. App. prove that the plaintiff is the owner and holder of the alleged note. 371. . Super.2d 1218. Candlewood Shores Estates.2d 1228 (9th Cir 1977).” Bankruptcy Courts have followed the Uniform Commercial Code.J. 165 B. 62 Haw. “Under the Uniform Commercial Code. New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question.J.60 - . Inc. and Town of Brookfield v. Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. 163 Ill. 201 Conn. “Under the New Jersey Uniform Commercial Code (NJUCC). Norwich Housing Authority 28 Conn. & Inv. 114 Il. 389 (Bkrtcy... the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger. the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party.1994). L.D. See Pacific Concrete F.negotiability set forth in N.R.3d 807. 3d 845. (Conn.N. See Matter of Staff Mortg. 513 A. promissory note is “instrument. 550 F. foreclosing party must enter evidence incorporating records such as a general ledger and accounting of an alleged unpaid promissory note. v. Rptr. 96 Hawaii 32.J. In Re Investors & Lenders. Fooks v. 12A:3-104.1 (1986).U. his agent or bailee. 614 P.C.2000). 12A:3302" Since no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course.2d 936 (1980).S.. See also Solon v.S. Godbole. GE Capital Hawaii.” Memorandum of law in support of the point of law that to prove damages in foreclosure of a debt. (Hawaii App 2001). the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to N. Yonenaka 25 P. prove that the party sued signed the alleged note. and prove that certain balance is due and owing on any alleged note. Ltd. party must enter the account and general ledger statement into the record through a competent fact witness To prove up claim of damages. 334.

A.3d 558.. the court has acted against the law. Weinberg & Reis Co. 522 N. a wide-spread. Until the plaintiff submits uncontroversial evidence of subject-matter jurisdiction to the court that the court has subject-matter jurisdiction. L.E.. 212 Ill.E. P.App. L. The typical face value of the bundles often amounts to tens of millions of dollars. artists such as Weltman. Whenever a party denies that the court has subject-matter jurisdiction. are the actual holders in due course although typically in the scam. the party claiming that the court has jurisdiction has the legal burden to prove that jurisdiction was conferred upon the court through the proper procedure. Weinberg & Reis Co.").. 571 N. Mandatory judicial notice Discover Bank is a subset of the debt collection racket.3d 1042. violates the defendant's due process rights. then allege they are third party debt collectors attempting to . and the judge has immediately lost subject-matter jurisdiction. 1991) ("the burden of proving jurisdiction rests upon the party asserting it. The law places the duty and burden of subject-matter jurisdiction upon the plaintiff. Weltman.. How the scam works: In a back room of the Chicago Board of Trade. 168 Ill. the court is proceeding without subject-matter jurisdiction. P. Bindell v City of Harvey.A."). Should the court attempt to place the burden upon the defendant.Memorandum in support of the point of law that when jurisdiction is challenged.61 - . farreaching scam of artists such as Weltman. the burden of establishing it rests upon the plaintiff. invest as little as 75 cents on the hundred face for the worthless commercial paper. Otherwise.App. Actors up line from such artists as Weltman. P. L. Loos v American Energy Savers. Weinberg & Reis Co. then break apart the bundles and resell the worthless commercial paper in clusters based on the original mortgagee and geographic location. L.A. The mortgagees are often not harmed because they often have hypothecated the loan and have risked nothing. it becomes the duty and the burden of the party claiming that the court has subject matter jurisdiction to provide evidence from the record of the case that the court holds subject-matter jurisdiction.2d 1017 (1st Dist.2d 841(1988)("Where jurisdiction is contested.A.. P. the court is without jurisdiction. Weinberg & Reis Co. worthless bundles of commercial paper in the form of copies of charged off debt are sold at auction. Inc.

Illinois. This racket is particularly heinous in the case of credit card contracts. are non-transferable.. Discounts R. First USA Bank v. This scam is wide-spread. Sommers. P. case number 03-SC-640. Banco Popular v. Bank of America v. case number CS-2003-2488.A. Creditors Recovery Corporation v. Georgia. Hausler. Tennessee. docket number 00-CP-02-397. The scam is complete when artists such as Weltman. Oklahoma case number CS 02-7225. California. Borum. Court of Common Pleas. South Carolina. North Carolina case number 02 SP 338 & 02 SP 598. Braker. Walker. New Jersey. case number EC 032786. V. index number 4522/00. docket number 00-CP-38-1033. case number F-12473-97. Direct Merchants Credit Card Bank v. Muscogee County. Highlands County Michigan. Colorado. Lance. Plosnich. General Sessions Court. New Hanover County. P. with the cooperation of a local judge.62 - . Court of Common Pleas. Citicorp Mortgage v. which as a continuing series of offers to contract. County of Orangeburg. Bascom. South Carolina. Weinberg & Reis Co. Bancorp. Smart and Donna Smart. US (a major syndicate player in the holder in due course fraud racket) v. case number 98 CH 0913. Caddo County.. Ray. belong. Oklahoma County. CitiMortgage v.A. Davis. Case number 03-754-SPS.collect for the original maker of the loan. Capital One Bank versus Barbara Davis and Phil C. Monmouth County.. Clark County. L. Civil Action File number 03-CV-2295. Carney. Wisconsin. Walker and Esler C. Combined Court Fremont County. defraud parties such as John W. case number 8758-24-179. Weinberg & Reis Co. Choisnard. Oklahoma case number CS 99-332-25. L. far-reaching and the main racket of the private business organizations to which artists such as Weltman. Elowl. General Court of Justice. Tulsa County. Tecchio. Oklahoma case number CS-2002 116. Oklahoma. and Discover Bank versus Roger Braker and Sharon A. Declaration . UMB USA Verus David Majestic. For other examples of this racket. Los Angeles County. Smith County. and Conseco Finance Corporation v. Discover Bank versus Larry Pasket. see Discover Bank versus Angie G. New York. DuPage County. First Collection Services v. County of Columbia. County of Monroe. Oklahoma County. case number 2003C 000890.

supporting all the rebutted articles with evidence which would be admissible at . Smart. Discover Bank presents a competent fact witness to rebut all articles .one through four . unless prior to that time. Ohio 44116-3398 440. John W.. 2003. Vs. Rocky River. Sweet objects to the Magistrate’s recommendation that Naomi R. and sets the matter for hearing. trial. Smart What if the court you’re in has magistrate judges or referees who make recommendations to the court? OBJECT! Rocky River Municipal Court 21012 Hilliard Blvd.333.O. ______________________________ John W. Smart and Donna Smart’s affidavits. P. Box 549 Westlake. Defendant’s objection to the magistrate’s recommendation Naomi R. Smart Certificate of service I.Fifteen days from the verifiable receipt of this petition to vacate. Naomi R. an order shall be prepared and submitted to the court for ratification. Prepared and submitted by: _________________________________________________ John W. I mailed a true and correct copy of the above and foregoing motion to dismiss via certified mail. certify that _________________. Sweet’ motion to vacate be denied.of John W. return receipt requested to: Discover Bank’s agent for service of process. Grounds for objection Donna Smart making their statements under penalty of perjury.63 - . Ohio 44444 Defendant.2003 September 16th 2003 Discover Bank Plaintiff. Sweet.

" In re Lockhart (1952).” or by “Discover Bank” meeting the minimum contacts requirements for in personam jurisdiction. the matters thought to be settled thereby are not res judicata. Compuserve. 37. Sweet owes Discover Bank money. Inc. (3). 91 Ohio . (5). verifying that Naomi R. A “void judgment” as we all know. and (7).2d 35. by ).3d 495.3d 68. (2). 502. without each and every one of this items being verified on the record. A judgment is void ab initio where a court rendering the judgment has no jurisdiction over the person. 35 Ohio St. v. and is vulnerable to any manner of collateral attack (thus here. Inc.2d 604. Patton v. 195. Corporations have standing to sue in the municipal courts of Ohio. Sweet has a contract with Discover Bank. Diemer (1988). And it is then as though trial and adjudication had never been. Notice to the court Irrespective of whether a party moves to vacate a judgment. SUPREME COURT OF MICHIGAN. when the memories may have grown dim and rights long been regarded as vested. 10/13/58 FRITTS v. Trionfo (1993). 92 N. Verifying that Ohio municipal courts have subject matter jurisdiction to litigate breach of contract cases. proving jurisdiction by showing on the record that (1). KRUGH. that Discover Bank has standing to sue in Ohio courts by virtue of being duly registered as “Discover Bank. A void judgment is one that is rendered by a court that is "wholly without jurisdiction or power to proceed in that manner. (1995). 97.C. v.E. Verification that Discover Bank authorized this action OR. 192. Ohio courts have inherent authority to vacate a void judgment. Henderson & Goldberg. grounds no rights. 105 N. and years later.No court has authority to deny a jurisdictional challenge. Verifying that Naomi R. (6). Records Deposition Service. forms no defense to actions taken there under.64 - . the matter is void. 354 Mich. (4).W. 157 Ohio St. 100 Ohio App. It is immaterial if the case is closed as there is no statute of limitations applying to void judgments. A jurisdictional challenge is only resolved one of two ways: (1). any disgruntled litigant may reopen the old wound and once more probe its depths. verifying that Ohio municipal courts have subject matter jurisdiction to litigate civil cases involving controversy amounts exceeding fourteen thousand dollars. P. No court has judicial authority to make a judicial ruling on a jurisdictional challenge. No statute of limitations or repose runs on its holdings. The party asserting jurisdiction. in this case Discover Bank.

DID NOT OBTAIN SERVICE OF PROCESS AS REQUIRED BY THE OHIO CIVIL RULES. No. 60(B). Inc. OR NOTICE OF THE PROCEEDINGS IN THE TRIAL COURT. 2. Cuyahoga App.I.E.. Hlutke (1984). 705 N. Copelco Capital. 19 Ohio App. 45. Geauga App. FINESILVER'S MOTION TO VACATE VOID JUDGMENT WHEN MR. Van DeRyt (1966). a party who asserts improper service need not meet the requirements of Civ. 29. v. the authority to vacate void judgments is derived from a court's inherent power. 2000). Brighter's Presbyterian Church (Feb.E. III. Oxley v.65 - . Zacks (Sept.I.3d at 61. 124 Ohio App. v. As will be addressed infra. THE TRIAL COURT ABUSED ITS DISCRETION BY FINDING MR. 2000-G-2265. THE TRIAL COURT ABUSED ITS DISCRETION BY FINDING THAT MR. 6 Ohio St. (Emphasis added. FINESILVER NEVER RECEIVED THE COMPLAINT OF C. 35 Ohio Op.E. FINESILVER WAS SERVED AT A PROPER BUSINESS ADDRESS WHEN MR.2d 698. thus.I. 215 N.704. We note further that appellant's main contention is that the default judgment granted by Judge Connor is void because it was rendered against a non-entity. I. Sperry v. 2d 31.R. FINESILVER HAD LEFT THE STATE AND NO LONGER MAINTAINED ANY PHYSICAL .3d 156." Service of process must be reasonably calculated to notify interested parties of the pendency of an action and afford them an opportunity to respond. unreported.E. FINESILVER TESTIFIED THAT HE NEVER RECEIVED NOTICE OF THE ACTION FILED BY C.E. 1. Petrowski (Mar. No. 2001). II. judgments against non-entities are void. See Old Meadow Farm Co.) Emge. 60(B) motion to vacate a judgment is not the proper avenue by which to obtain a vacation of a void judgment. 161. In Van DeRyt v. 2001).3d 157. St. FINESILVER RECEIVED SERVICE OF THE COMPLAINT WHEN C. 2d 42. we stated. A court has the inherent power to vacate a void judgment. unreported. THE TRIAL COURT ABUSED ITS DISCRETION BY FAILING TO HOLD A HEARING ON MR.2d at 408. A default judgment rendered without proper service is void. FINESILVER SUBMITTED TO THE TRIAL COURT SHOWS THAT MR. FINESILVER'S MOTION TO VACATE VOID JUDGMENT WHEN THE UNCONTROVERTED TESTIMONY OF MR. IV.R. A Civ. 36. THE TRIAL COURT ABUSED ITS DISCRETION BY DENYING MR. "A court has an inherent power to vacate a void judgment because such an order simply recognizes the fact that the judgment was always a nullity. 77633.App. Rather.

Entry was void because it constituted a modification of a property division without a reservation of jurisdiction to do so--an act the court may not perform under Wolfe v. 60(B). paragraph one of the syllabus. therefore. Portage App. No.R. Finesilver. 46 Ohio St. 1997 decision.3d 68. Because a court has the inherent power to vacate a void judgment. of Revision (2000). 1999). Yet to be entitled to relief from a void judgment.66 - . LEXIS 3869. Bd.R. Thomas at 343. is not derived from Civ. Schrader (1995). 368. State ex rel." Patton. at 368.3d 25. Cincinnati School Dist. A party seeking to vacate a void judgment must. file a motion to vacate or set aside the same. Peyton (1978). 108 Ohio App.3d 244. ("A void judgment is one entered either without jurisdiction of the person or of the subject matter. however. Dist. therefore. Cleveland Electric Illuminating Company v.3d 182. a party who claims that the court lacked personal jurisdiction as a result of a deficiency in service of process is entitled to have the judgment vacated and need not satisfy the requirements of Civ. we reverse the decision of the trial court." Patton v. 60(B). and no voluntary appearance was made by Candlewood. paragraph four of the syllabus. Demianczuk (1984). 20.2d 785.2d 144. and our opinion in Schrader v. Bd. at paragraph one of the syllabus." Eisenberg v. Ludlum (Aug. 485 N. 56 Ohio App.C. the BOR's August 18. 20 Ohio App. Diemer (1988). a movant need not present a meritorious defense or show that the motion was timely filed under Civ. paragraph four of the syllabus. of Edn. 69363 (Ohio App. Because the notices required by R.3d 363. R. at 7. "but rather constitutes an inherent power possessed by Ohio courts. After reviewing the record and the arguments of the parties. Bd. The authority to vacate a void judgment.8 04/25/1996). Wolfe (1976). 50 Ohio St. Ballard v. unreported. Chapter 5715 were not given to Candlewood prior to the BOR's July 2.E. Demianczuk v. CompuServe. supra. 1999 Ohio App.R. See. 1997 decision is a nullity and void as .2d 399. No.PRESENCE AT SAID BUSINESS ADDRESS. 60(B) which the petitioner ordinarily would assert to seek relief from a jurisdictionally valid judgment. 87 Ohio St. of Edn. 1997 hearing and after its August 18. Hamilton Cty. 60(B). supra. Cincinnati School Dist. at 161. 98-P-0016. "The authority to vacate a void judgment is not derived from Civ. A motion to vacate a void judgment. but rather constitutes an inherent power possessed by Ohio courts. also Sweet v. need not comply with the requirements of Civ. v. 148. R. Patton at paragraph three of the syllabus. 60(B). O'Donnell (1990). 35 Ohio St.

80. Peralta v.Civ. it was not barred by res judicata because a void judgment may be challenged at any time. 804. 73 Ohio St. In re Murphy (1983). without receiving that right. Inc. 2003.E. A right. I mailed a true and correct copy of the above and foregoing motion to dismiss via certified mail." The term "inherent power" used in the two preceding cases is defined in Black's Law Dictionary (6 Ed. 518 N.3d 598. 594.E.2d 941. 463 N. Satava v. 11 Ohio App. Fellows (1983). This court is further noticed: the magistrate’s recommendation was SENT TO THE WRONG ADDRESS.E.S. Diemer (1988).3d 112. or faculty of doing a thing. Prepared and submitted by: _________________________________________________ Naomi R. ability. 597-598.3d 68. 11 OBR 166. 200. return receipt requested to: Discover Bank’s agent for service of process.2d 899. . See State v.1967).Ct. 117 Ohio St. Gerhard (1990). 10 OBR 184. 494.67 - . 6. 652 N.2d 800. v. need not present a meritorious defense to be entitled to relief from a void judgment. State (1927). 60(B) if a judgment is void.regards Candlewood.W. 99 L. 585 N.E.E.. 108 S.R." Dews v. generally. however. fn." Because this claim challenged the subject matter jurisdiction of the trial court. Ctr. 66 Ohio App. paragraph three of the syllabus. 896.1990) 782 as "[a]n authority possessed without its being derived from another. 159 N. Tari v. A movant. A court has an inherent power to vacate a void judgment because such an order simply recognizes the fact that the judgment was always a nullity. his conviction and sentence would be void ab initio. 461 N.2d 75. 35 Ohio St. (1988). As one Texas appellate court so aptly stated concerning a void judgment. Heights Med. 10 Ohio App. Sweet Certificate of service I. A void judgment is a mere nullity. See Patton v. Sweet. "[i]t is good nowhere and bad everywhere. 413 S. If the trial court was without subject matter jurisdiction of defendant's case. and can be attacked at any time.2d 910. or faculty from another.3d 40.E.App. 481. 45-46. Floyd (Tex. Naomi R. ability. Nor must a movant show that the motion was timely filed under the guidelines of Civ. see.2d 196. Associated Estates Corp. Wilson (1995). 485 U.3d 134. certify that _________________.Ed.2d 417.

17th Floor Columbus. Tennessee Citizens Bank. Naomi Rosecrans.______________________________ Naomi R. Sweet Copy to: (attorney general) Jim Petro State Office Tower 30 East Broad Street. ) ) ) ) ) ) ) ) ) ) ) No. vs. Plaintiff. 6666 Defendant’s instanter motion to dismiss / memorandums of law / notice to the court Brief in support of motion to dismiss Memorandum of law in support of the point of law that party alleging to be creditor must prove standing . defendant.68 - . In the Chancery Court of Smith County. you can file an instanter. Ohio 43215-3428 What is they call you in for a hearing and you haven’t filed anything in the case? Is there anything you can do? Yes.

Where the complaining party can not prove the existence of the note. “Under the Uniform Commercial Code. prove that the party sued signed the alleged note. the plaintiff must prove: (1) the existence of the note in question. v.69 - . (3) that the plaintiff is the owner or holder of the note.S. See In Re: SMS Financial LLc. emphatically states... Contracts S 170(3). the Appellate Division held.. “. Bass has practiced subterfuge by filing a pleading . Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. In Re Investors & Lenders. the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party.James L.” Whereas James L. See Restatement. and prove that certain balance is due and owing on any alleged note. Chapter 10 Section 123.S.R. 550 F. and (4) that a certain balance is due and owing on the note.” Bankruptcy Courts have followed the Uniform Commercial Code.J.D. page 566. promissory note is “instrument.J. It would seem that the mortgagor would normally have a Common law right to demand production or surrender of the bond or note and mortgage. Abco Homes. No. then there is no note. C..) Volume 29 of the New Jersey Practice Series. as the case may be.S. Bass failed or refused to produce the actual note which Citizens Bank alleges Naomi Rosecrans owes. Inc. “When the underlying mortgage is evidenced by an instrument meeting the criteria for negotiability set forth in N. Super 23 (App. prove that the plaintiff is the owner and holder of the alleged note.J. & Inv. See Matter of Staff Mortg. 165 B. the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to N. Mortgages S 469 in Carnegie Bank v Shalleck 256 N. Corp.. 12A:3-104.2d 1228 (9th Cir 1977).1994). and no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon. his agent or bailee. 12A:3-302" Since no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course. 1999 (5th Circuit Court of Appeals. 389 (Bkrtcy. Div 1992). Ltd.. “Under the New Jersey Uniform Commercial Code (NJUCC). New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question. (2) that the party sued signed the note.98-50117 February 18.J.” security interest in which must be perfected by possession . (4) (1932).J. To recover on a promissory note.N.

W. it is error to pronounce judgment without hearing proof or assessing damages. v.App. 4 Okla.2d 1088 (1999). Payne v. 1. 46 P. Okla. Okla. without stripping defendant of basic forensic devices to test the truth of plaintiff's evidence. Memorandum of law in support of the point of law that even in a default judgment. v. 300. Lambert. Fracture of two toes required expert medical testimony as to whether such injury was permanent so as to allow damages for permanent injury.L. Ann.. Razorsoft. Maktal. 5 Okla.70 - . T.. Inc.2d 1102 (1995). City of Guthrie v.. and such testimony was not within competency of plaintiff who had no medical expertise. Dewitt. and encompassed within this right is the opportunity to a fair post-default inquest at which both the plaintiff and the defendant can participate in the proceedings by cross-examining witnesses and introducing evidence on their own behalf.R.Cas. 31 Okla. 654. Atchison. a defaulting party has a statutory right to a hearing on the extent of unliquidated damage.and scheduling a hearing for determination which abridges Naomi Rosecrans’s due process rights. Naomi Rosecrans places this court on notice of other state’s laws regarding necessity of proving standing. Rendition of default judgment requires production of proof as to amount of unliquidated .F. imposed as a discovery sanction against a defendant. 713. 907 P. future pain. 774. Booth. Scott. Dewitt. Okla. Okla. In the assessment of damages following entry of default judgment. Ry.2d 1088 (1999). and future medical treatment on default judgment. Millikan v. Harvey Lumber Co. 995 P. T. without requiring evidence of damages. 329 (1912). 20 A. Reed v.. 995 P. & S. rehearing denied. Proof of or assessment of damages upon petition claiming damages. 121 P.1913E.. 50 P. Payne v. and the trial court must leave to a meaningful inquiry the quantum of actual and punitive damages. 489 (1896). following default judgment. A default declaration. A party is not in default so long as he has a pleading on file which makes an issue in the case that requires proof on the part of the opposite party in order to entitle him to recover. 84 (1897). cannot extend beyond saddling defendant with liability for the harm occasioned and for imposition of punitive damages.5th 913 (1991).2d 445. damages must be proved Trial court could not award damages to plaintiff. 820 P. Co. Inc. Div. Okla..

§§ 4779. Farmers' Exch. 20 A. 601. 76 Okla.L. Reed v.L.2d 557 (1935). Walters. Graves v.2d 1088 (1999). Thomas v. When face of judgment roll shows judgment on pleadings without evidence as to amount of unliquidated damages then judgment is void. Okla. 174. Cudd v. Okla. a defaulting party is deemed to have admitted only plaintiff's right to recover.App. Okla. and since plaintiff could not recover without offering proof of damages and offered no such proof. so that the court is without authority or power to enter a judgment fixing the amount of recovery in the absence of the introduction of evidence.R.1910.2d 702 (1975). were not considered true by failure to controvert. Presumptions which ordinarily shield judgments from collateral attacks were not applicable on motion to vacate a small claim default judgment on ground that court assessed damages on an unliquidated tort claim without first hearing any supporting evidence. Refusal to render default judgment against codefendant for want of answer was not error.. allegation of value. Scott. Walters. Ross. rendering of final judgment by trial court requiring father to pay $25 monthly for support of minor until minor should reach age 18 and $100 attorney's fees without having heard proof thereof in support of allegations in petition was error.App. Okla. Whereas James L. Rule that default judgment fixing the amount of recovery in absence of introduction of supporting evidence is void and not merely erroneous or voidable obtains with regard to exemplary as well as compensatory damages.. 201 Okla. Under R. 185 P. or amount of damages stated in petition. Okla.5th 913 (1991). now. Graves v. 820 P.2d 702 (1975). 20 A. Okla.damages.. Sweet. 995 P. 49 P. 521 (1919).. Okla.R. this section and § 2007 of this title). Bass has practiced subterfuge by filing a pleading and scheduling a hearing for determination which abridges Naomi Rosecrans’s due . Graves v.. Okla.2d 702 (1975)..2d 445. 534 P.71 - . Okla. Scott.App.. 5130 (see. Walters. 820 P. Ross v.2d 702 (1949). 534 P..L. Dewitt. 173 Okla. Bank of Lindsay. Payne v.. In a tort action founded on an unliquidated claim for damages.2d 445. Reed v. since defendants and court treated answer of defendant on file as having been filed on behalf of both defendants.5th 913 (1991). Where liability of father for support of minor daughter and extent of such liability and amount of attorney's fees to be allowed was dependent on facts. 317. 534 P. Hearing Trial court's discovery sanction barring defendant from using cross-examination and other truth-testing devices at post-default non-jury hearing on plaintiff's damages violated due process. 203 P.

114 Il. (Hawaii App 2001). 371. 513 A. all proceedings founded upon it are necessarily equally worthless. Candlewood Shores Estates.2d 344. Memorandum of law in support of the point of law that a void judgment cannot operate The general rule is that a void judgment is no judgment at all. By it no rights are divested. Valley Vista Development Corp. no judgment at all. 62 Haw. Inc.U. the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger. V. City of Broken Arrow. Godbole. See also Solon v. Inc. In essence. Naomi Rosecrans places this court on notice of other state’s laws regarding necessity of prove up of the claim. 96 Hawaii 32. and Town of Brookfield v. Whereas James L. (Conn. A void judgment is. See Pacific Concrete F. Kauanoe. 766 P.1 (1986). Memorandum of law in support of the point of law that to prove damages in foreclosure of a debt.2000). in itself. 334. 1988 OK 140 (Okla. any subsequent proceedings based upon the void judgment are themselves void. Bass has practiced subterfuge by filing a pleading and scheduling a hearing for determination which abridges Naomi Rosecrans’s due process rights. from it no rights can be obtained. v. 201 Conn. GE Capital Hawaii. L. 614 P.2d 1218. party must enter the account and general ledger statement into the record through a competent fact witness To prove up claim of damages.72 - . 3d 845. Norwich Housing Authority 28 Conn. foreclosing party must enter evidence incorporating records such as a general ledger and accounting of an alleged unpaid promissory note. Naomi Rosecrans places this court on notice of other state’s laws regarding necessity of proving a default judgment. in legal effect. and have no effect . Super. no judgment existed from which the trial court could adopt either findings of fact or conclusions of law.3d 807.C. 12/06/1988). as was the judgment originally rendered by the trial court here.process rights. Being worthless. v. App. Rptr. 163 Ill. Yonenaka 25 P. Where judgments are void.2d 936 (1980). Fooks v.

" High v. 30 F. 1974 OK 35 (Okla. Shalala. 520 P. 906 S. Bruce v.2d 941. See also. All acts performed under it. 35 Ohio St. See Patton v. A void judgment cannot constitute res judicata. 1960 OK 266 (Okla.2d at 262 (holding that trial court has not only power but duty to vacate a void judgment).whatever upon the parties or matters in question.3d 1307. 518 N.W. Naomi Rosecrans places this court on notice of other states’ laws regarding the law that void judgment is not void when vacated but is void ab initio. and. Diemer (1988). . A void judgment neither binds nor bars anyone. 03/19/1974). Bass has practiced subterfuge by filing a pleading and scheduling a hearing for determination which abridges Naomi Rosecrans’s due process rights.73 - . Orner v. Memorandum of law in support of the point of law that a void judgment is not void when declared void but is void ab initio If the trial court was without subject matter jurisdiction of defendant's case. relief is not discretionary matter. Memorandum of law in support of the point of law that party seeking to vacate a void judgment is invoking the ministerial powers of the court / courts lack discretion when it comes to vacating void judgments When rule providing for relief from void judgments is applicable. for the reason that the lack of judicial power inheres in every stage of the proceedings in which the judgment was rendered. The parties attempting to enforce it are trespassers. Thomas.2d 662. 1994). Bass has practiced subterfuge by filing a pleading and scheduling a hearing for determination which abridges Naomi Rosecrans’s . Whereas James L.E. Miller. Whereas James L. (Colo. but is mandatory. his conviction and sentence would be void ab initio. 360 P. Whereas James L. are absolutely void. Bass has practiced subterfuge by filing a pleading and scheduling a hearing for determination which abridges Naomi Rosecrans’s due process rights. and all claims flowing out of it.3d 68. Southwestern Insurance Company. Naomi Rosecrans places this court on notice of other states’ laws regarding the un-inforceability of void judgments. Denial of previous motions to vacate a void judgment could not validate the judgment or constitute res judicata.2d 508. 12/27/1960).

2. I am not in receipt of any document which verifies that Citizens Bank authorized suit against me or is even aware of it. My commission expires __________ ________________ Notary Public INDIVIDUAL ACKNOWLEDGMENT Prepared and submitted by: ___________________________ Naomi Rosecrans Certificate of service . Naomi Rosecrans places this court on notice of other states’ laws regarding the law that the court. Bass’ pattern of acts against me. I am not in receipt of a motion for judgment by default or motion for summary judgment on behalf of Citizens Bank. and emotionally. personally appeared __________________________ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act. 6. 200__. Given under my hand and seal the day and year last above written. ___________________________ Naomi Rosecrans STATE OF TENNESSEE COUNTY OF _____________ Before me. I am not in receipt of any document which verifies that I owe Citizens Bank money. I. 4. socially.. 5.74 - . of lawful age and competent to testify state as follows based on my own personal knowledge: 1. a Notary Public in and for said County and State on this ____ day of ________. Naomi Rosecrans. I have been damaged financially. I am not in receipt of any document which verifies that I have a contract with Citizens Bank 3. in considering a jurisdictional challenge has not judicial capacity.due process rights. As the result of James L. I am not in receipt of any document which verifies that Citizens Bank has standing to sue in Tennessee courts. the undersigned.

) ) ) ) ) Case number SU-03-CV-2295 ) ) ) ) Defendant’s response to plaintiff’s request for production of documents Response to requests numbered 1. Defendants. and Esler C. I hand delivered a true and correct copy of the above and foregoing motion to vacate via certified mail. Attorneys purporting to represent Discover Bank . certify that August ___. 2003. (2). Naomi Rosecrans. Bass __________________________ Naomi Rosecrans Can they ask you for discovery? Yes. v. Lawful treatment of defendants’ motion to dismiss will dispose of Discover Bank’s claim. Plaintiff. Silver. 15. (3). Angie G. 14. 4.75 - . 12. Silver. 13. 2. Silver’s counterclaim. Discover has defaulted on Angie G. 10. Silver and Esler C. & 16: Defendants respectfully decline to comply at this time: (1). return receipt requested to: James L.I. answer them as follows: IN THE SUPERIOR COURT OF MUSCOGEE COUNTY STATE OF GEORGIA Discover Bank.

& 9: Objection: items 3. certify that October ____. Georgia 30067 _________________________________ Esler C. 5.have failed or refused to furnish proof of authority to act for Discover Bank. 1655 Enterprise Way Marietta. 2003. Discover Bank has failed or refused to deny being part of a nationwide racket. the court is said to want subject matter jurisdiction. Response to requests number 3. Prepared and submitted by: ___________________________________________ Angie G. There is no such thing as subject matter jurisdiction over a person. Subject matter jurisdiction applies to the person in the sense that the court either has subject matter jurisdiction or it does not. I mailed a true and correct copy of the above and foregoing responses to requests for production to: Elizabeth C. Jr. Whealler & J. Silver Certificate of mailing I.76 - . Curtis Tottle. Esler C. and (4). Silver . Silver. Where due process is denied. Response to request number 7: Objection: Violation of the Fair Debt Collections Practices Act is denial of due process. & 9 are plaintiff’s burden to prove – not defendants’ burden to disprove. Silver Esler C. 5. Response to request number 6: Evidence is available and shall be tendered to the authorized representative of Discover Bank. Response to request number 8: Objection: the request is nonsensical.

NY 14240 Plaintiff. Wisconsin 53555 Defendant. Vs. Ozgood 60 South CT McFarland. P.77 - . ask them as follows and make them suffer! STATE OF WISCONSIN * CIRCUIT COURT * DANE COUNTY Hsbc Bank Usa Formerly Marine Midland Bank. counsel for the corporation is required to nominate officers of the corporation to answer).Can you ask for discovery? Yes. Box 2103 Buffalo. : 02-CV0081 .O. Defendant’s request for admissions to plaintiff Hsbc Bank Usa To: Hsbc Bank Usa (please note: where discovery requests are directed to a corporation. William D. a foreign corporation. Case No.

You are required to answer each request for admissions separately and fully. Ozgood within (30) days after service of these requests for admissions. Each request for admissions is to be deemed a continuing one.78 - . “Document” includes every piece of paper held in your possession or generated by you. Requests for admissions First admission: Admit or deny that Hsbc Bank Usa is not licensed to do business in Wisconsin by virtue of being registered with the Secretary of State or the Secretary of State of Banking and nominating an agent for service of process. after serving an answer to any request for an admission. under oath. Admitted____ Denied____ . As to every request for an admission which you fail to answer in whole or in part. they shall be answered as completely as possible and incomplete answers shall be accompanied by a specification of the reasons for the incompleteness of the answer and of whatever actual knowledge is possessed with respect to each unanswered or incompletely answered request for admission. Definitions a. in writing. Where requests for admissions cannot be answered in full. and to serve a copy of the responses upon William D. the subject matter of that admission will be deemed confessed and stipulated as fact to the court. These requests for admissions are directed toward all information known or available to Hsbc Bank Usa including information contained in the records and documents in Hsbc Bank Usa’s custody or control or available to Hsbc Bank Usa upon reasonable inquiry. you are requested to serve a supplemental answer setting forth such information. 2.Defendant. b. If. Ozgood. Instructions 1. submits the following request for admissions to defendant Hsbc Bank Usa. 3. “You” and “your” include Hsbc Bank Usa and any and all persons acting for or in concert with Hsbc Bank Usa. you obtain or become aware of any further information pertaining to that request for admission. William D.

Second admission: Admit or deny that officers of Hsbc Bank Usa has no regular. Admitted____ Denied____ Sixth admission: Admit or deny that Admit or deny that Hsbc Bank Usa sold the contract which Hsbc Bank Usa William D. Admitted____ Denied____ Eighth admission: Admit or deny that Hsbc Bank Usa never had anything at risk in the contract with William D. Admitted____ Denied____ Fourth admission: Admit or deny that Hsbc Bank Usa’s charter does not authorize Hsbc Bank Usa to bring suits in foreclosure of consumer debts. Ozgood.79 - . systematic way of doing business in Wisconsin. Ozgood. Admitted____ Denied____ .” Admitted____ Denied____ Third admission: Admit or deny that Hsbc Bank Usa’s charter does not authorize Hsbc Bank Usa to engage in consumer lending. also known as “minimum contacts. Admitted____ Denied____ Fifth admission: Admit or deny that Admit or deny that Hsbc Bank Usa’s is not the present holder of a contract with William D. Admitted____ Denied____ Seventh admission: Admit or deny that Hsbc Bank Usa has been informed by counsel that a credit card contract is a continuing series of offers to contract and as such is not transferable. Ozgood.

it is common practice to sell the charged off debt to lawyers in the debt collection business for deep discounts. ISRAEL & HORNIK. STURM. Admitted____ Denied____ Twelfth admission: Admit or deny that officers of Hsbc Bank Usa know and understand that RAUSCH. Ozgood as if the suit is lost. Admitted____ Denied____ ____________________ _________ __________________________________________ Print name title Officer of Hsbc Bank Usa State of __________________ . STURM. Admitted____ Denied____ Tenth admission: Admit or deny that officers of Hsbc Bank Usa know and understand that after a credit card is charged off. S. Admitted____ Denied____ Thirteenth admission: Admit or deny that Hsbc Bank Usa cannot be affected financially by the outcome of litigation against William D. routinely purchases evidence of debt from Hsbc Bank Usa. it is RAUSCH. it is RAUSCH.’s loss and if the suit is won.C.’s win.C.80 - .Ninth admission: Admit or deny that Hsbc Bank Usa possess no account and general ledger statement verifying that William D. Ozgood presently owes Hsbc Bank Usa money. Admitted____ Denied____ Eleventh admission: Admit or deny that officers of Hsbc Bank Usa know and understand that attorneys who purchase evidence of debt and then file lawsuits in the name of the original maker of the debt are committing felony fraud.C. STURM. S. ISRAEL & HORNIK. then relies on Hsbc Bank Usa to aid and abet felony fraud. S. ISRAEL & HORNIK.

Ozgood. My commission expires ___________ _____________________________ Notary Prepared and submitted by: ________________________ William D. known to me as the person who made the above and foregoing statements of his own free will. certify that ___________ ____. Ozgood Certificate of service I. Rausch 2448 South 102nd Street. Ozgood 6011 South CT McFarland.81 - . NY 14240 Plaintiff. P. a foreign corporation.O. : 02-CV0081 . Ozgood STATE OF WISCONSIN * CIRCUIT COURT * DANE COUNTY Hsbc Bank Usa Formerly Marine Midland Bank. Wisconsin 53227 _______________________ William D. I mailed a true and correct copy of the above and foregoing request for admissions via certified mail. 2004. Wisconsin 53558 Defendant Defendant’s request for production of documents to plaintiff Hsbc Bank Usa To: Hsbc Bank Usa Case No. Suite 210 Milwaukee.County of __________________ Before me this day appeared _____________________. William D. Box 2103 Buffalo. William D. return receipt requested to: Julie A. Vs.

William D. and time that William D. Failure to comply fully or partially with this request within thirty days of receipt of service shall be deemed a confession that the document does not exist or that Hsbc Bank Usa is committing fraud by concealment. You are required to inform William D. b. Ozgood with verified copies of all documents. Requests for production of documents First document: All pages. If the document does not exist. Instructions 1. Alternately.Defendant. Definitions a. Ozgood has with Hsbc Bank Usa showing all receipts and disbursements. front and back of Hsbc Bank Usa’s corporate charter. Ozgood. you obtain or become aware of any further information pertaining to that requested production of documents. place. Second document: The account and general ledger of each and every contract Hsbc Bank Usa alleges William D. you can furnish William D. If. Wisconsin) and make copies. after serving an answer to any request for an admission. Each request for production of documents is to be deemed a continuing one. 2. you are requested to serve a supplemental answer setting forth such information. Ozgood can view the documents (in Milwaukee. you are required to state that it does not exist. . These requests for production of documents is directed toward all information known or available to Hsbc Bank Usa including information contained in the records and documents in Hsbc Bank Usa’s custody or control or available to Hsbc Bank Usa upon reasonable inquiry.82 - . “You” and “your” include Hsbc Bank Usa and any and all persons acting for or in concert with Hsbc Bank Usa. submits the following request for production of documents to defendant Hsbc Bank Usa. “Document” includes every piece of paper held in your possession or generated by you. Ozgood of the date.

front and back. Box 2103 Buffalo. Ozgood 60 South CT McFarland.Third document: The copy.C. Ozgood has with Hsbc Bank Usa showing any and all assignments or allonges. STURM.83 - . Wisconsin 53227 ___________________________ William D. of the contract for services which Hsbc Bank has with RAUSCH. I mailed a true and correct copy of the above and foregoing request for production of documents via certified mail. Ozgood Certificate of service I. of the contract Hsbc Bank Usa alleges William D. Vs. William D. Rausch 2448 South 102nd Street. certify that ___________ ____. return receipt requested to: Julie A. : 02-CV0081 . front and back. Ozgood. a foreign corporation. 2004. Fourth document: The copy. Prepared and submitted by: ________________________ William D. Suite 210 Milwaukee. Wisconsin 53555 Defendant Case No. S. NY 14240 Plaintiff. ISRAEL & HORNIK. Ozgood What is they are evasive in response to your discovery? File a moton to compel! STATE OF WISCONSIN * CIRCUIT COURT * DANE COUNTY Hsbc Bank Usa Formerly Marine Midland Bank. William D. P.O.

The significance of each admission is articulated relative to each admission. under oath. William D. after serving an answer to any request for an admission. Defendant. you are requested to serve a supplemental answer setting forth such information. “You” and “your” include Hsbc Bank Usa and any and all persons acting for or in concert with Hsbc Bank Usa. submits the following request for admissions to defendant Hsbc Bank Usa. you obtain or become aware of any further information pertaining to that request for admission. Ozgood within (30) days after service of these requests for admissions. and to serve a copy of the responses upon William D. Definitions a. in writing. 2. To: Hsbc Bank Usa (please note: where discovery requests are directed to a corporation. counsel for the corporation is required to nominate officers of the corporation to answer).Defendant’s motion to compel compliance with defendant’s request for admissions to plaintiff Hsbc Bank Usa Defendant. the subject matter of that admission will be deemed confessed and stipulated as fact to the court. 3. As to every request for an admission which you fail to answer in whole or in part. You are required to answer each request for admissions separately and fully. “Document” includes every piece of paper held in your possession or generated by you. Ozgood.84 - . Ozgood requested the following admissions. b. . Where requests for admissions cannot be answered in full. they shall be answered as completely as possible and incomplete answers shall be accompanied by a specification of the reasons for the incompleteness of the answer and of whatever actual knowledge is possessed with respect to each unanswered or incompletely answered request for admission. Instructions 1. Each request for admissions is to be deemed a continuing one. These requests for admissions are directed toward all information known or available to Hsbc Bank Usa including information contained in the records and documents in Hsbc Bank Usa’s custody or control or available to Hsbc Bank Usa upon reasonable inquiry. If. William D.

Admitted____ Denied____ Third admission: Admit or deny that Hsbc Bank Usa’s charter does not authorize Hsbc Bank Usa to engage in consumer lending. this court is deprived of power to provide Hsbc Bank Usa remedy. the only other way for Hsbc Bank Usa to have standing to avail Hsbc Bank Usa of Wisconsin courts is proof of minimum contacts. This court has actual knowledge that Hsbc Bank Usa is a fiction with no implied powers other than granted by charter. Without grant as shown in Hsbc Bank Usa’s charter to engage in consumer lending.” This court has knowledge that without a license to do business in Wisconsin. systematic way of doing business in Wisconsin.Requests for admissions First admission: Admit or deny that Hsbc Bank Usa is not licensed to do business in Wisconsin by virtue of being registered with the Secretary of State or the Secretary of State of Banking and nominating an agent for service of process. also known as “minimum contacts. Without grant as shown in Hsbc Bank Usa’s charter to sue in foreclosure of consumer loans. If Hsbc Bank Usa lacks standing in Wisconsin courts.85 - . Hsbc Bank Usa lacks standing to bring suits in Wisconsin courts depriving this court of subject matter jurisdiction. Hsbc Bank Usa’s making consumer loans is ultra viries depriving this court of subject matter jurisdiction to rule favorably for Hsbc Bank Usa. Without proof of being licensed to do business in Wisconsin. . This court has actual knowledge that Hsbc Bank Usa is a fiction with no implied powers other than granted by charter. Hsbc Bank Usa’s bringing suit in foreclosure of a consumer loan is ultra viries depriving this court of subject matter jurisdiction to rule favorably for Hsbc Bank Usa. Admitted____ Denied____ Fourth admission: Admit or deny that Hsbc Bank Usa’s charter does not authorize Hsbc Bank Usa to bring suits in foreclosure of consumer debts. Admitted____ Denied____ Second admission: Admit or deny that officers of Hsbc Bank Usa has no regular.

The response to this admission is necessary to determind whether attorneys representing Hsbc Bank Usa have committed felony fraud by intentionally preparing and submitting a false document to this court. Ozgood. Ozgood presently owes Hsbc Bank Usa . and that the pleading is well grounded in fact and warranted by existing law. Admitted____ Denied____ Sixth admission: Admit or deny that Admit or deny that Hsbc Bank Usa sold the contract which Hsbc Bank Usa William D. This court has actual knowledge that only the party possessing the actual and original debt instrument has standing to sue the debtor. Admitted____ Denied____ Seventh admission: Admit or deny that Hsbc Bank Usa has been informed by counsel that a credit card contract is a continuing series of offers to contract and as such is not transferable. Ozgood.Admitted____ Denied____ Fifth admission: Admit or deny that Admit or deny that Hsbc Bank Usa’s is not the present holder of a contract with William D. the contract is extinguished. reasonable under the circumstances. Admitted____ Denied____ Ninth admission: Admit or deny that Hsbc Bank Usa possess no account and general ledger statement verifying that William D. Admitted____ Denied____ Eighth admission: Admit or deny that Hsbc Bank Usa never had anything at risk in the contract with William D. Ozgood.86 - . This response is necessary to determine whether Hsbc Bank Usa has violated truth and lending laws. This court has actual knowledge that credit cards are continuing offers of a series of contracts and as such are non-transferable meaning once a credit card is sold. is claiming that the attorney has made inquiry. This court has knowledge that an attorney. in signing pleadings.

STURM.’s win. ISRAEL & HORNIK. Ozgood is indebted to Hsbc Bank Usa. Admitted____ Denied____ Tenth admission: Admit or deny that officers of Hsbc Bank Usa know and understand that after a credit card is charged off. STURM.C. this court has no competent evidence to rely on to determine that William D.money. Admitted____ . Admitted____ Denied____ Twelfth admission: Admit or deny that officers of Hsbc Bank Usa know and understand that RAUSCH.C. This admission is necessary to show that Hsbc Bank Usa is involved in racketeering.’s loss and if the suit is won. This admission is necessary to show that Hsbc Bank Usa is involved in unlawful activity. ISRAEL & HORNIK. are involved in racketeering. ISRAEL & HORNIK. This admission is necessary to reveal that both Hsbc Bank Usa and RAUSCH. it is RAUSCH. routinely purchases evidence of debt from Hsbc Bank Usa. ISRAEL & HORNIK. then relies on Hsbc Bank Usa to aid and abet felony fraud. S. S.87 - . it is RAUSCH. S. Admitted____ Denied____ Eleventh admission: Admit or deny that officers of Hsbc Bank Usa know and understand that attorneys who purchase evidence of debt and then file lawsuits in the name of the original maker of the debt are committing felony fraud. STURM. Admitted____ Denied____ Thirteenth admission: Admit or deny that Hsbc Bank Usa cannot be affected financially by the outcome of litigation against William D. S. ISRAEL & HORNIK. it is common practice to sell the charged off debt to lawyers in the debt collection business for deep discounts. S.C. Ozgood as if the suit is lost.C. STURM. Without this document. This admission is necessary to determine whether officers of Hsbc Bank Usa are willing to perjure themselves in defense of RAUSCH. STURM.C.

I mailed a true and correct copy of the above and foregoing request for admissions via certified mail. return receipt requested to: Julie A. Ozgood . Ozgood Certificate of service I. 2004.Denied____ This court is further noticed: at least one officer from Hsbc Bank Usa must be identified as the author of admissions – statements of counsel are not facts before the court. Ozgood. My commission expires ___________ _____________________________ Notary Prepared and submitted by: ________________________ William D. Suite 210 Milwaukee. Rausch 2448 South 102nd Street. certify that ___________ ____. known to me as the person who made the above and foregoing statements of his own free will. ____________________ _________ __________________________________________ Print name title Officer of Hsbc Bank Usa State of __________________ County of __________________ Before me this day appeared _____________________. William D. Wisconsin 53227 _______________________ William D.88 - .

P. Vs.O. Wisconsin 53558 Defendant Defendant. Ozgood 6011 South CT McFarland. NY 14240 Plaintiff. a foreign corporation. : 02-CV0081 .STATE OF WISCONSIN * CIRCUIT COURT * DANE COUNTY Hsbc Bank Usa Formerly Marine Midland Bank.89 - . Box 2103 Buffalo.’s motion to compel production of doucments Defendant has requested production of documents to plaintiff Hsbc Bank Usa To: Hsbc Bank Usa Case No. William D.

clarified the following request for production of documents to defendant Hsbc Bank Usa: You are required to inform William D. Ozgood of the date. “You” and “your” include Hsbc Bank Usa and any and all persons acting for or in concert with Hsbc Bank Usa. b. Ozgood. you obtain or become aware of any further information pertaining to that requested production of documents.Defendant. Plaintiff Hsbc Bank Usa has failed or refused to responds to defendants’ requests for production of documents / the necessity of the document is articulated following each request First document: All pages. If the document does not exist.90 - . after serving an answer to any request for an admission. Each request for production of documents is to be deemed a continuing one. Alternately. the court has nothing to rely on to determine whether Hsbc Bank Usa is authorized to engage in consumer lending or bring suit in foreclosure of a consumer loan. . you can furnish William D. Ozgood with verified copies of all documents. place. you are requested to serve a supplemental answer setting forth such information. Without this document. “Document” includes every piece of paper held in your possession or generated by you. front and back of Hsbc Bank Usa’s corporate charter. Ozgood can view the documents (in Milwaukee. Instructions 1. Definitions a. 2. Wisconsin) and make copies. and time that William D. you are required to state that it does not exist. These requests for production of documents is directed toward all information known or available to Hsbc Bank Usa including information contained in the records and documents in Hsbc Bank Usa’s custody or control or available to Hsbc Bank Usa upon reasonable inquiry. If. Failure to comply fully or partially with this request within thirty days of receipt of service shall be deemed a confession that the document does not exist or that Hsbc Bank Usa is committing fraud by concealment. William D.

ISRAEL & HORNIK.C. Ozgood owes Hsbc Bank Usa money. STURM. this court is without competent evidence that a contract has been breached or which party has standing to bring suit for breach. this court has no competent evidence to determine whether this suit was authorized by Hsbc Bank Usa. Without proof of delegation of authority to act. ISRAEL & HORNIK. the court has no competent evidence before it to rely on to determine that William D. certify that ___________ ____. front and back. Without this document. this count has prima facie evidence of fraud practiced by RAUSCH. Ozgood has with Hsbc Bank Usa showing all receipts and disbursements.Second document: The account and general ledger of each and every contract Hsbc Bank Usa alleges William D. Ozgood . Fourth document: The copy. Ozgood Certificate of service I. Without submission of the original debt instrument. of the contract Hsbc Bank Usa alleges William D. of the contract for services which Hsbc Bank has with RAUSCH. S. Third document: The copy. 2004.C. Rausch 2448 South 102nd Street. I mailed a true and correct copy of the above and foregoing request for production of documents via certified mail. front and back. Wisconsin 53227 ___________________________ William D. Ozgood. Suite 210 Milwaukee. Prepared and submitted by: ________________________ William D. STURM. William D. S. Without this document.91 - . Ozgood has with Hsbc Bank Usa showing any and all assignments or allonges. return receipt requested to: Julie A.

It that clear Mr. Hog: I’m here to take your deposition in connection with that lawsuit.What if they want to depose you? Go to the deposition and have a good time! Hogden: I’m Bruce Hogden. . Hogden: All your answers should be yes or no unless I ask you to expound. I am here for he defendant. Mr. Earl White. You understand? Mike: Yes.92 - . Good. Do you understand that? Mike: Perfectly clear to me. I’m an attorney and I represent Earl White in connection with a lawsuit you filed against him. Hog: Do you understand that your testimony is subject to the penalties of perjury if you do not tell the truth? Mike: Sure. I understand that. Hog: You’ve never had your deposition taken before? Mike: (answer yes or no). Good? Mike: Gotcha.

there are going to be serious consequences. Hog: Can you state your full legal name? Mike: Yes. Okay? Mike: I’ll do my best. Good. Mike: I’m with you. Hog: Are you taking any medication today that might affect how your answers my questions? Mike: No. Hog: Just the same. Lucky for me I wasn’t going fast down some major highway when it happened. I’m warning you. I am going to ask you not to make any further comments about my client. and those questions and answers may be used at trial in this matter. That’s a lot to think about. Hog. . Good. I just want to make sure that there is nothing that will affect your memory of the events leading up to this suit. I was pulling a trailer when the wheels came loose. I could have been killed and also. if you don’t answer my questions. but my life has been repeatedly threatened. Hog: If this deposition has to be terminated. Do you understand that? Mike: Yes. we need to go off the record here for a minute. I might have hurt someone else. Hog: How has your life been threatened? Mike: Well. I can. Hog: Reporter. especially when it’s about the fifth or sixth time something like that has happened including Earl White trying to run over me. I’ll try not to let it affect me. Hog: Are you suffering from any mental or emotional conditions that might affect how you testify today? Mike: Now that could be. in example. do you understand the difference between fact and speculation? Mike: I know what happened. Mr. about three weeks ago.Hog: And the court reporter here is going to take down my questions and your answers.93 - . I’m going to ask the court to sanction you. Mike: You’ll have to take that up with the judge. Hog: Mr. Off the record: Hog.

Mike: From about (month and year). have you ever done business as Good Farms? Mike: Yes. Hog: Spell your name for the record.94 - . Hog: Who has helped you with all these legal matters? . Ask your questions that you need to ask. Good. Good. So answer my questions and no nonsense. Mike: I don’t know. Hog: Mr. you’re definitely going to loose your case. Hog: What is your full name? Mike: (Answer). Mike: (spell name). Hog: Okay. So I really don’t know. if I report this conduct by you to the judge. okay? Mike: Just get on with it. Hog: Do you do business as Good Farms. I’ve been through bankruptcy and those proceedings showed that I was insolvent. Hog: Till when? Mike: I don’t know. I really don’t. Hog: You don’t know whether you do business as Good Farms or not? Mike: No. Hog: From when until when did you do business as Good Farms. Off the record: Mr. Hog: What is your address? Mike: (state address).Mike: Are you threatening me? Hog: Reporter we need to go off record again. who has coached you on how to answer today? Mike: I don’t know what you mean by coach.

Good. this is a deposition. Are you currently married? Mike: That’s privileged. Hodgden. Mike: You are harassing me. Hog: I’ll have the judge force you to answer and also punish you for not answering. Mr.95 - . If this is all you intend to do today. Mike: I’ve already answered that question. Hog: Reporter. The question is not likely to lead to the discovery of evidence which would be admissible at trial. You have to answer my questions. I can object. Mike: Thank you. It’s personal information.Mike: I object. Mike: That’s between you and the court. but before I do that. Good. The question is of no relevance to these proceedings. Hog: Did you borrow money from the FSA? Mike: I don’t know. . Hog: I’m just asking if you are refusing to answer the question. If there is a valid objection such as the one I’ve just given. (memorize this statement and use it often) Hog: Mr. I’m definitely going to ask the court to sanction you. Hog: Okay Mr. enter an exception to that answer. you had better ask them or I’ll be leaving and the only thing the record will show is that you harassed me. I’m going to excuse myself. Hog: Are you refusing to answer that question? Mike: It’s clearly outside the scope of this proceeding. Hog: Would you feel better if I called the judge? Mike: If you have some pertinent questions. Who is helping you. Mike: No I don’t. I objected. Hog: Do you have any children? Mike: I object. Hog: So answer the question. harass me instead of asking relevant questions. I’m going to get to the heart of the matter. I’ve got things to do.

Mike: Then go ahead and ask your questions. Mike: You may not know this but only witnesses can state facts and attorneys are not witnesses. Hog: After you borrowed from the FSA and defaulted on the loan. there is no dispute that you took a loan out with the FSA.96 - . they foreclosed the loan and took the farm. yes or no? Mike: I don’t know. Hog: I enter exhibit one. Is that your signature on the loan app? Mike: I don’t know. Hog: I remind you that you are under oath. Hog: Why don’t you know? Mike: I have no record of anything authorizing the FSA to make farm loans. Hog: Okay. Is that your signature? Mike: I don’t know. Hog: Mr. All I know for sure. is that the FSA tried to take my property away and sell it to Earl White. Good. Isn’t that what happened? Mike: I’m going to object to that question. Did you borrow from the FSA. This is a copy of a loan application with FSA. Hog: Why don’t you know? . Hog: I’m asking the questions here.Hog: You expect the court to believe that you don’t even know whether you took out a loan with the FSA or not? Mike: I wanted to way back years ago. Mike: Why are you testifying? Hog: I’m not testifying. I have no record of any promissory note that I signed with FSA where FSA complied with truth in lending laws. I’m just stating facts. That’s called leading the witness and I’m not going to answer. but I’m not sure what happened. I’m going to ask you again.

You see. cause in a summary judgment there are not facts in dispute. Mike: The court’s ruling is void because no evidence was entered into the record to prove that I had a loan with FSA or that FSA was damaged in any way by me. You are an adult. where is the evidence of that? Hog: The judgment of foreclosure was a summary judgment because you didn’t dispute the facts that you borrowed money and didn’t pay it back. do you have any reason to believe that this is not your signature? Mike: That’s not the issue. Hog: Okay. That’s especially true in a summary judgment. Hog: Mr. then you’re going to loose the collateral to you put up for the loan. Hog: Okay. The FSA had a burden to prove their case. Hog: That’s what the court ruled. He is going to see that you are evading the questions and will punish you. You know that if you borrow money and don’t pay if back. dishonest people with computers and scanners can scan your signature. Hog: Are you saying this document is a forgery? Mike: I’m just saying that I’m not sure. Mike: Are you going to ask any more questions or just be argumentative? .Mike: Well for one thing. Is that correct? Mike: I have no idea. You understand that don’t you? Mike: I understand it in principle but what I don’t understand is if I borrowed money and didn’t pay it back.97 - . Good. Hog: I don’t know where you get all this malarkey but it’s wrong. it’s a copy. you got money and that enabled you to operate your farm. This isn’t going to look good to the judge. as the result of this application. All I know is that I wanted to get some financing for my farming operations and it looks like I wound up without either the financing or the farm. Mike: The burden was not on me to disprove their case. Hog: So is it a copy of your signature? Mike: You’d have to ask the person who made the copy. then paste the image on a document to make it look like you signed it.

Hog. Marshal sold your property? Mike: To repeat myself.98 - . I’m saying that I don’t know for sure but it kinda looks like I’ve been had in the predatory lending racket. Did you take a loan out with FSA? Mike: Something the prosecutor should be interested in is how it can be that a person’s property can be taken away in respect of a loan without verification that the loan ever existed. Hog: What you’re saying then is that you never borrowed from the FSA? Mike: No. and after . but my answer is still. Are you claiming that you never had a loan with FSA? Mike: I’m not saying that at all. Mike: I did answer the question. Hog: Answer the question. I’ve not been tendered the original promissory note marked paid in full. and I know he’ll indict you. Everybody knows that when you borrow on a note.S. that calls for a legal opinion. I don’t know. You don’t like my answer. I going to give you the opportunity to avoid being charged with perjury.Hog: Okay. Hog: What? Just to answer whether you know whether the U. Hog: Oh. Did you take out a loan with the FSA? Mike: What do you want? Hog: I want you to answer the question. so you better answer and answer correctly. Mike: Maybe you could explain that to a grand jury. Did you take a loan out with the FSA? Mike: I don’t think so and I’ll tell you why. there was not an offer of presentment of a promissory note that I signed. the debt is discharged and I’ve never been discharged in this alleged loan. Was there a marshal’s sale on this farm? Mike: Objection. I’m saying that I don’t know. Hog: Just answer the question. nobody every does that anymore. Hog: I think the prosecutor needs to hear this baloney from you. There was no account and general ledger showing that I damaged FSA. when the note is satisfied. Okay.

v. Jr. Earl White was no innocent purchaser cause if he’s buying property without title insurance or a warranty deed he should know that he’s taking a big risk. he needs to get a new lawyer.99 - . the thing was a non-suit and taking my property was a fraud. IN THE SUPERIOR COURT FOR THE COUNTY OF MUSCOGEE STATE OF GEORGIA Discover Bank.the so-called marshal’s sale was consummated and money was tendered to pay off the note. Without the note showing that I was indebted to FSA. Mike: Mr. I never got discharged. Hog: But somebody else couldn’t sue unless they had the note. What if they move for summary judgment? Submit a brief in opposition and file your own summary judgment motion. Walker. Somebody else could come along and claim that I owed on the note and having the note marked paid in full would be my defense that the note was not longer owed. thank you for confessing my case. Hodgden. you might destroy the note and then where would they be? Mike: It wouldn’t create a problem for them. Walker. and Esler C. It would create a problem for me. Hog: What if he now has a warranty deed? Mike: Then he needs to claim against the guarantors of the deed? And if he warranteed it to himself. plaintiff and defendant on counterclaim. defendants and plaintiffs on counterclaim. Hog: But if they gave you the note marked paid in full or satisfied or something. ) ) ) ) ) Civil Action File number 03-CV-2295 ) ) ) ) Defendants’ brief in opposition to putative plaintiff Discover Bank’s motion for summary judgment / Counterclaimants’ motion for summary judgment Brief in opposition to putative plaintiff Discover Bank’s motion for summary judgment . Angie G.

Elizabeth C. Shaffer’s so-called affidavit. Jr. 3.6.1.8. This court is reminded: This court has absolutely nothing to rely on to conclude that Discover Bank is involved in case number 03-CV-2295 or is even aware of this action.’s so-called motion for summary judgment is a substantive and procedural nullity – frivolous on it’s face. & 17. Whealler and J. This court has actual knowledge of the law to the effect that this court knows that motion for summary judgment is “not a trial based on affidavits” but must consider the factual materials of record to determine whether triable issues are disputed. Conclusion regarding Elizabeth C. which without corroboration. this court has actual knowledge that counsel allegedly representing Discover Bank have placed not one . Curtis Tottle. This court is noticed: Elizabeth C.15. and (b).. 2. whether reasonable persons could come to differing conclusions regarding the facts of record.11.r’s so-called motion for summary judgment 4.16.14. Curtis Tottle.100 - . states a mere conclusory opinion of Shaffer’s. and even if not disputed. Jr. 4.5. to wit: The so-called affidavit of Mark Schaffer is facially void for reason that Schaffer’s allegations occurring in article 2.9. Curtis Tottle. tenders for this court’s consideration of materials which are not facts but mere conclusory opinions of Schaffer as all these articles call the court’s attention to materials that are NOT OF RECORD BECAUSE THEY WHERE EITHER (A). AND (C).12. of the so-called affidavit (a). NOT SUBMITTED WITH THE AFFIDAVIT AS EXHIBITS. Whealler and J. (B). at article 3. and whereas.10. confess that Shaffer has no actual knowledge of the records maintained by Discover Bank. Whealler and J.13. Jr. allegedly acting on behalf of Discover Bank have placed no facts in the record for this court’s determinations. MATERIALS SUBMITTED WERE NOT PREPARED AND MAINTAINED BY SHAFFER. ALLEGED EVIDENCE IS NOT VERIFIED BY BEING SIGNED AND DATED BY A COMPETENT FACT WITNESS WHO CAN BE QUESTIONED UNDER OATH.7. Whereas this court has actual knowledge that putative plaintiff has placed nothing in the record to verify standing to bring this suit. this court cannot notice.

single shred of evidence into the record which would be admissible at trial, Discover Bank’s motion for summary judgment must be denied as a matter of law. Brief in support of counterclaimant’s motion for summary judgment 5. This court is reminded: Discover Bank, with notice and opportunity to answer and defend on the counterclaim, failed to answer or otherwise defend. 6. This court is noticed of the following triable issues of fact which are not in dispute: Discover Bank lacks standing to bring suit in Georgia courts. This court has jurisdiction to consider the counterclaim against Discover Bank by virtue of the fact that Discover Bank has committed fraud in Georgia. Discover Bank fraudulently alleged that Angie G. Walker and Esler C. Walker, Jr. have a contract with Discover Bank. This allegation made by and through Elizabeth C. Whealler and J. Curtis Tottle, Jr., rose to the level of fraud for reason that Discover demanded a sum form Angie G. Walker and Esler C. Walker, Jr. based on a contract which Whealler and Tottle allege the Walkers have with Discover Bank, but Whealler and Tottle have failed or refused to produce the de facto contract. Discover Bank fraudulently alleged that Angie G. Walker and Esler C. Walker, Jr. owe money to Discover Bank, but Whealler and Tottle have failed or refused to produce a verified accounting (not mere conclusory statements) that the Walker’s owe Discover Bank money. Conclusion regarding the motion for summary judgment on the counterclaim Whereas this court has actual knowledge, that Discover Bank failed to prove standing to bring suit in Georgia; and whereas, this court has actual knowledge that Discover Bank committed fraud in Georgia by presenting a patently false claim to this court with the intention that this court willfully accede to the fraud to the detriment of Angie G. Walker and Esler C. Walker, Jr.; and whereas, federal law occurring at 18 USC 1961, 1962, & 1964(a), (fraud, extortion, and civil racketeering) preempts state law

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calling for treble damages for fraud, Angie G. Walker and Esler C. Walker, Jr. are entitled to $18,365.49 as a matter of law. This court’s swift response to: (1). Enter judgment for and in favor of Angie G. Walker and Esler C. Walker, Jr. and (2). Remand Elizabeth C. Whealler, J. Curtis Tottle, Jr., and Mark Schaffer to other authority for considered prosecution for the criminal acts of fraud and extortion avoids the conclusion that this court is willfully aiding and abetting the violation of malum in se offenses including but not limited to 18 USC 1341, 1510, 1951, 1961 & 1962. Prepared and submitted by: _________________________________________________ Angie G. Walker Esler C. Walker, Jr.

Certificate of service I, Esler C. Walker, certify that _________________, 2004, I mailed a true and correct copy of the above and foregoing brief in opposition and motion for summary judgment via certified mail, return receipt requested to: Elizabeth C. Whealler and J. Curtis Tottle, Jr. 1655 Enterprise Way Marietta, Georgia 30067 __________________________ Esler C. Walker

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How do you handle yourself in open court arguing against an attorney and a hostile judge?

First and likely scenario: no witness – just attorney COURT: Let’s see we’re hearing a motion for judgment by default as the defendant has failed to answer and defend? Dave: Objection: Your honor, I have moved for a summary judgment and the plaintiff has not entered any facts on the record – there is nothing in dispute. (or alternately, I’ve moved to dismiss, I’ve filed a counterclaim, etc.). COURT: Let me explain something here. They sued you. This is their case against you. I’m going to listen to their argument, then you’ll get to talk. Atty: Mr. Goodguy borrowed money and hasn’t paid it back. My client is entitled to judgment.

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My client is entitled to recover.Dave: Objection: Your honor. Dave: Objection: Your honor you said the attorney would talk and then I’d get a chance to talk. and now wants to get something for nothing by not paying the money back.104 - . Goodguy signed up for a credit card. COURT: I’m not going to repeat myself Mr. COURT: Well of course they have standing to sue here. counsel is attempting to testify for a witness who is not in appearance. I’ll expel you from this courtroom. then you’ll get to talk. Dave: Thank you. Dave: A fundamental issue here is whether Citibank of South Dakota can sue in the courts of Connecticut and since Citibank of South Dakota has neither registered with the secretary of state nor shown a regular. Attorneys can’t testify. systematic way of doing business here. COURT: Now you can talk Mr. used the card to make purchases. . He’s interrupting me. no evidence whatsoever that Citibank of South Dakota has standing to sue in Connecticut courts. Is that clear? Dave: Yes. He can do that. Goodguy. If you interrupt again. your honor. I’m going to allow plaintiff’s attorney to present his case. Atty: objection. Your honor. COURT: He’s raising a point of law which is different from testimony. Goodguy. your honor. Your honor Citibank is a national banking institution and doesn’t need to register with the secretary of state to have standing to sue. this court has nothing to rely on. Atty: Mr. Citibank of South Dakota lacks standing to sue.

Goodguy is turning this into a circus. I’ve also submitted some billings and an affidavit from the billing department. COURT: Mr. Really. Mr.Dave: Sir. Nothing has been entered on the record to show that Citibank authorized this suit or even knows about it. You see. this is why you need an attorney.105 - . Nothing has been entered on the record to show that I have a contract with Citibank. Dave: I’m not asking for legal advise. . Besides all that you know that I come in here every week on behalf of Citibank. complete your argument or I’m going to terminate this hearing. the court can ask you questions and also make comments in the interest of justice. when you don’t have an attorney. I’m asking for a judicial ruling. things just don’t go well for you. Goodguy. Mr. Goodguy signed a contract with my client and used it and you have a copy of that contract. why are you arguing for the plaintiff? COURT: Mr. Atty: Your honor. Dave: Not only does Citibank of South Dakota not have standing to sue COURT: I’ll make the determinations here and I’m not going to tolerate anymore of your conclusory arguments. My client does have standing to sue because my client is a national banking institution. Goodguy. Nothing has been entered on the record to show that I owe Citibank money. Dave: Can the court be argumentative? COURT: I can’t give you legal advice. Dave: Nothing has been entered on the record to show that Citibank has standing to sue.

everyone who is going to testify today. COURT: All right. Goodguy. They sued you. Atty: Mr. Witness – Sally Smith or whoever: My name is Sally Smith.). Goodguy has used his account to make purchases and ceased to make payments in October of 2002. I am familiar with the bookkeeping procedures of Citibank. The conclusions are mine. Mr. Mr. COURT: Let’s see we’re hearing a motion for judgment by default as the defendant has failed to answer and defend? Dave: Objection: Your honor. etc. I’ve gotta’ swear you in.Dave: None of what the attorney has just said proves anything. This is their case against you. COURT: Mr. (or alternately. only the account and general ledger signed and dated by the person responsible for the bookkeeping is proof of damages. Sally Smith is here in appearance today to testify to the facts of the case. I’ve filed a counterclaim. . I’ve move to dismiss. Second scenario: witness in appearance – happens only about 1% of the time. Only the original contract and not a copy proves standing to sue me and only the original can discharge the obligation.106 - . I’ve already heard your argument. Also. I have moved for a summary judgment and the plaintiff has not entered any facts on the record – there is nothing in dispute. then you’ll get to talk. Goodguy borrowed money and hasn’t paid it back. Goodguy opened an account with Citibank in November of 1999. please raise your hand. COURT: Let me explain something here. I’m going to listen to their argument. My client is entitled to judgment.

you may question the witness. but you still owe the debt. Goodguy. We’ve contacted him. COURT: I’ll allow. You honor. Smith.leaving an outstanding balance of six thousand and eighty-four dollars. COURT: Sustained. Dave: Let the record show that no witness is in appearance to testify on behalf of Citibank. Atty: Objection. the procedure is that once you fall into arrears on a credit card. Dave: Am I indebted to Citibank today? . Dave: So you’re not an employee of Citibank? Smith: I just said that I know all about their procedures and everything they do.107 - . Smith. Dave: Ms. COURT: Mr. Smith. but he refuses to pay and that’s why we’re here. Sally Smith is competent to testify on behalf of Citibank. Dave: Ms. the card is charged off. do I have a contract with Citibank today? Smith: Well. how long have you been employed by Citibank? Smith: I’ve been familiar with their bookkeeping procedures for about five years. Dave: Ms. were you present when I signed a contract with Citibank? Atty: Objection. Goodguy has contracted with Citibank is not at issue here. That Mr.

Atty: Do you have any reason to believe that this is not your signature? . Dave: But do you have knowledge of my account? Smith: Yes I do. Atty: I have some questions for Mr. and other cards.Smith: You are still indebted under the contract.108 - . Atty: Your honor. Dave: I have no further questions. Dave: Ms. Did you make application for a credit card with Citibank? Dave: I don’t know? To my recollection. I’ve applied for Visa cards. This is harassment. Atty: Does it look like your signature? Dave: I don’t understand the question. I must object to this line of questioning. Goodguy. Atty: Is this your signature on this billing? Dave: I don’t know. Smith. but I don’t specifically recall Citibank. Dave: Am I indebted to Citibank. your outstanding balance. COURT: You just heard that you are still indebted under the contract. I know how much you owe. Mastercards. did you maintain the account and general ledger on my account? Smith: I am familiar with the bookkeeping procedures of Citibank.

Atty: Then is it a copy of your signature? Dave: for that. If you had the original. Dave: No that is not my signature. . COURT: Mr. that is not my signature. Goodguy. It might be a copy. he should be charged with perjury. Goodguy? Dave: I don’t know. he knows very well that is his signature. Goodguy. (it is a copy) Atty: Your honor. please make the witness answer yes or no. so what is your answer? Dave: No. COURT: Mr. Dave: objection – counsel is attempting to testify for me. That is a very serous crime. you’d have to ask the person who made the copy of the document. Atty: Why would you say that this is not your signature? Dave: because it is a copy. but it is not my signature. Is this your signature Mr. I might be able to tell. answer yes or no to the question. (it’s a copy!) Atty: Your honor this is outrageous. you are under oath and can be charged with perjury. I do. Anyone who knows about computers knows that computers and scanners can be used to piece together documents. Dave: That is not my signature.Dave: Yes. Atty: Your honor.109 - .

COURT: we’re going to have to pass on the question. Do you have anything further counselor? Atty: Your honor, the record shows that Mr. Goodguy contracted with Citibank, used the card, and hasn’t paid the balance due and owing my client. My client is entitled to judgment and Mr. Goodguy should be sanctioned for his frivolous arguments. COURT: anything else Mr. Goodguy? And before you answer, this court will not tolerate nonsense. Dave: Your honor, it is true is it not that a credit card is a continuing series of offers to contract and as such is non-transferable? COURT: I can’t give you legal advice. Dave: I’m not asking for legal advise. I’m asking for a judicial determination. COURT: What’s your point? Dave: If a credit card contract is non-transferable, and Citibank charged of the card and sold it, that would be a fraudulent transfer and Mr. Attorney here and also Ms. Smith would be committing fraud would they not? COURT: I’ll take that in counsel, now wind this up before I terminate this hearing to the plaintiff’s favor. Dave: the record does not, repeat, does not show that Citibank has standing to due in this state’s courts; does not show that Citibank has standing to sue me by virtue of actual possession of the only article which can discharge the obligation, the original contract; does not show that I owe Citibank money; and, does not show that Citibank authorized this action or is even aware of it. The record does show, repeat does show, that Mr. Atty has committed felony fraud by making material representations to this court, which Mr. Atty knows are false with the intention that I and this court rely on the false representations to my detriment of loosing money and property. You have a duty

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judge, to dismiss this case with prejudice and remand Mr. Atty to other authority for considered prosecution. NOTES It is a good idea to have a court reporter present at these hearings so there is a complete record of the proceedings. When a court reporter is present, the judge tends to behave himself. Also, at anytime, other than when testifying under oath, if you feel like you’re over your head, you can elect at that moment to stand on your pleadings by saying, “I elect to stand on my pleadings.”

What if they don’t answer your counterclaim? You file a motion for judgment by default and present the court with an order to sign giving you the victory. In the District Court in and for Osage County State of Oklahoma Delbert Diamond, Plaintiff, vs. State of Oklahoma, Ex rel. Oklahoma Tax Commission, defendant. ) ) ) ) ) ) ) ) ) )

No. Cv-2003-583

Plaintiff’s motion to enter default judgment and 12, O.S. § 688 hearing for determination of damages Brief in support of motion to enter default judgment

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Delbert Diamond moves this court under authority of the rules for local courts rule 4(7) for entry of judgment by default against the Oklahoma Tax Commission. The Oklahoma Tax Commission, in receipt of notice and having had opportunity in this instant case, has failed or refused to enter an appearance and answer or otherwise defend. Conclusion This court’s swift response to: (1). Ratify Delbert Diamond’s proposed order of default and (2). Set the matter for hearing under authority of 12, O.S. § 688 to determine the sum of damages due and owing Delbert Diamond avoids the conclusion that this court is willfully in violation of 18 USC §§ 1961, 1962 & 1964(a). Prepared and submitted by: ___________________________ Delbert Diamond

Certificate of mailing I, Delbert Diamond, certify that on December ____, 2003, I mailed a true and correct copy of the above and foregoing motion for judgment by default to: Oklahoma Tax Commission ___________________ ___________________ ___________________________ Delbert Diamond

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113 - . CS-2002-116 . Take it the judge’s office and tell the judge’s clerk that you’ll wait while the order is being signed. vs.Prepare an order for the court to sign. Diane Summers. defendant. Plaintiff. this court finds the following triable issues of fact are not in dispute: Direct Merchants No. ) ) ) ) ) ) ) ) ) ) ) Order Whereas this court has knowledge that Diane Summers moved for summary judgment and pleaded matters not of record supporting with affidavit. this court has knowledge that counsel for putative plaintiff is in receipt of the motion and having had opportunity has failed to dispute the claims of Diane Summers. and whereas. In the District Court of Caddo County State of Oklahoma Direct Merchants Credit Card Bank. and whereas.

Notice and demand Judicial notice This court is noticed: (1). Vs. Rocky River. Party moving to vacate judgments is proceeding via direct attack. (3). (2). Diane Summers does not have a contract with Direct Merchants Credit Card Bank. ____________ date __________________________________ Judge of the District Court What if the judge won’t sign your default? You file a notice and demand. Diane Summers is hereby ordered to submit a bill of costs for defending in this action exclusive of attorney fees.Credit Card Bank lacks standing to sue in Oklahoma courts.O. Naomi R. Ohio 44145 Defendant.333. Party asserting that the court had . summary is granted in favor of Diane Summers and against Direct Merchants Credit Card Bank. Sweet.2003 September 16th 2003 Discover Bank Plaintiff. Diane Summers does not owe Direct Merchants Credit Card Bank money. and Direct Merchants Credit Card Bank did not authorize this action. P. Direct Merchants Credit Card Bank’s claims against Diane Summers are denied with prejudice. Rocky River Municipal Court 21012 Hilliard Blvd. Ohio 44116-3398 440.. Box 451187 Westlake.114 - . Party attacking void judgment is invoking the ministerial side of the court – the court is deprived of judicial discretion.

Thomas. 1994). 368. Ohio municipal courts lack subject matter jurisdiction to litigate civil cases involving controversy amounts exceeding fourteen thousand dollars. Sweet does not owe Discover Bank money. 790. 30 F.115 - . Carter v. Where the face of the record verifies jurisdictional failings. . moved this court under authority of Oxley v.3d 1000. Discover Bank lacks standing to sue in any Ohio court. Fenner. Bd. This leads to the ready conclusion that Thomas & Thomas. Zacks (Sept.Bd. of Edn. 2000). 906 S. Hamilton Cty. 87 Ohio St. 783. 790 P.2d at 262 (holding that trial court has not only power but duty to vacate a void judgment). Shalala. Naomi R. of Revision (2000). socially. For other authorities concurring.M. Cincinnati School Dist. See also. but is mandatory.2d 1154 (1974).W. App. Sweet owes Discover Bank is for a lost credit card – see attached exhibit. Naomi R. Ruth. Sweet does not have a contract with Discover Bank. in addition to running the debt collection fraud racket. 205. 1998). Discover Bank did not authorized this action. 136 F. see Allied Fidelity Ins. Cleveland Electric Illuminating Company v. in receipt of notice and having had opportunity has failed or refused to rebut the following facts: corporations lack standing to sue in the municipal courts of Ohio.3d 363. as a result of the harassment of business entity known as Thomas & Thomas. Sweet has been damaged financially. Orner v. Co. Chavez v. v. relief is not discretionary matter. County of Valencia. have also engaged in identity theft. 57 Wash. and (4). v. 521 P. 1005 (5th Cir. Sweet. Discover Bank.2d 206 (1990). Defendant. Naomi R. This court is especially noticed: The alleged debt that Thomas & Thomas falsely urge that Naomi R. 29. (Colo. the court has a nondiscretionary duty to vacate the void judgment. 86 N. for vacation of this court’s order granting judgment as void for reason total lack of subject matter jurisdiction.3d 1307. Ohio municipal courts lack subject matter jurisdiction to litigate breach of contract cases. Naomi R. Memorandum of law in support of the point of law that party seeking to vacate a void judgment is invoking the ministerial powers of the court / courts lack judicial discretion when it comes to vacating void judgments When rule providing for relief from void judgments is applicable.jurisdiction has the burden of proof to show on the record that the court had jurisdiction. and emotionally.

Brickum Inv. Sweet And to: (attorney general) Jim Petro State Office Tower 30 East Broad Street.116 - . Love v. 450. 749 P. Local Bd. 180-81. 906 S.C. v. 174 N. 46 Wash.2d 533 (1987). Selective Serv. 449. Miller. 517.Good v. 1998). Batista. In re: Weaver Constr. Wright & A. Civil § 2862. 176 U.D. In re Marriage of Brighterowski. 69363 (Ohio App. 22 F. Diemer (1988). No.E.Y.8 04/25/1996).2d at 262.2d 516 (1990). App.S.2d at 1045. 50 Wash.W. In re: Thomas.N. Packer. at 478. 520. No. App. Holly.3d 68 Roller v. (1st Cir. App. 633. Patton v. Co. 731 P. Supp. Kitsap County. Prepared and submitted by:_____________________________ Naomi R. 797 P.2d 645. Sweet. 35 Ohio St. 2003. Naomi R. FEDERAL PRACTICE AND PROCEDURE. 231 (S. at 232. 409. Demand This court’s swift response to vacate this court’s order granting judgment to Discover Bank avoids the conclusion that this court is willfully in violation of 18 USC § § 1916. 398. 190 Colo.1962 & 1964(a). Sweet Certificate of service I. 94 S. 177. 545 P. Lubben v.Finesilver. 1972). 665. Ohio 43215-3428 . 59 Wash. Sys. 453 F. Leen. 649. Small v.. Vernham Corp. 27.. certify that October_____.2d 230. Dist. I mailed a true and correct copy of the above and foregoing notice and demand to: __________________ __________________ __________________ ___________________________ Naomi R.2d 754 (1988). 17th Floor Columbus. App. 62 Wash. (1973). 635.

In the Ohio Supreme Court Naomi R. Sweet. Sweet to fraud aided and abetted by (name of judge – not magistrate goes here). Article IV. Petition for a writ of mandamus authorized by the Ohio Constitution.” In receipt of notice and opportunity. petitions this court under authority of the Ohio Constitution for relief of a void judgment order depriving Naomi R.117 - . an aggrieved party. Petitioner Vs. Sweet of money and property without due process of law and subjecting Naomi R. Sweet responded to the improper magistrate’s . Sweet. Naomi R. (date) Naomi R. Sweet moved the court of (name of judge – not magistrate goes here) for vacation of a void judgment and noticed the plaintiff and putative counsel of the motion. See exhibit “A. § 2 Naomi R.What if the judge does not respond after the notice and demand? You petition for a writ of mandamus. (name of judge – not magistrate goes here) Respondent. neither the plaintiff nor putative counsel answered the jurisdictional challenge.

that when jurisdiction is challenged. ordering attorneys allegedly representing Discover Bank to cease and desist all collection activity against Naomi R. (date) Naomi R. (name of judge – not magistrate goes here) is in direct breach of duty found at CJC Canon 3(c). the court has a non-discretionary duty to vacate the void judgment and order reparations. Sweet would reduce Naomi R. Sweet and proceeded to reduce Naomi R. Sweet clearly and logically challenged the jurisdiction of the Rocky River Municipal court in the matter of Discover Bank versus Naomi R. This court is noticed: (magistrate’s name) exhibited contempt for Constitutionally protected rights of Naomi R. a nullity. the so-called judgment in case number 02-CVF 1514 is utterly void. Sweet to poverty. Sweet filed and objection and noticed the court that the court’s taking money from Naomi R. Sweet to a status of peonage. Conclusion Whereas this court has knowledge of the law. the court in which jurisdiction is challenged lacking judicial discretion.” This court is noticed: the court failed or refused to rule on Naomi R. it is incumbent on the party asserting that the court had jurisdiction to show on the record that jurisdiction was perfected. case number 02-CVF 1514 and neither Discover Bank nor attorneys alleging to represent Discover Bank showed wherein the record did not have the many jurisdictional defects cited by Naomi R.” This court is noticed: neither the magistrate or the plaintiff controverted Naomi R. Sweet filed a notice and demand and proposed order. (date) Naomi R. Sweet.report and recommendation. Sweet. Sweet’ objection. and. . grounding no rights and conveying no interest. See exhibit “B.118 - . Whereas this court is noticed: Naomi R. See exhibits “C” and “D. where a jurisdictional failing appears on the face of the record. Sweet’ objection to the magistrate’s report and recommendation. Remedy sought The cause of justice and proper administration of law require this court’s supervision of (name of judge – not magistrate goes here) including entering an order vacating the void judgment in case number 02-CVF 1514. this court has knowledge that a jurisdictional challenge is an administrative proceeding.

Sweet Certificate of service I. Albert. lawful. occurring on January 7th 2004. Sweet What if you are mistreated regarding your petition for a writ of mandamus? In the Oklahoma Supreme Court Dwayne Marvin Coinage Petitioner Vs. Mr. Sweet together with statutory interest from the date of the taking. was conducted in a manner prejudicial to the rights of Dwayne Marvin Coinage and also in a manner likely to lead to a miscarriage of justice. ______________________________ Naomi R. may find reasonable. and any other penalty applied to the attorneys allegedly representing Discover Bank which this court. 2003. When Dwayne Coinage . Albert advised Dwayne Marvin Coinage. The district court for the County of Washington County. Sweet. monitored by Gregory W.119 - .” that Judge Gambill had a duty to conduct an evidentiary hearing based on Dwayne Coinage’s motion to dismiss filed in the underlying case. Prepared and submitted by: _________________________________________________ Naomi R. Petitioner’s objection and notice to the Oklahoma Supreme Court regarding the meeting with the referee which was held January 7th 2004 Grounds for objection The meeting on the above styled matter. ordering attorneys allegedly representing Discover Bank to return all sums taken from Naomi R. “Dwayne Coinage. and just.Sweet. certify that _________________. Oklahoma Ex rel. within its equitable discretion. I hand delivered a true and correct copy of the above and foregoing petition for a writ of mandamus to the clerk of courts for Rocky River Municipal Court. hereinafter. Naomi R. David Gambill Respondent.

Cr. Albert responded that Gambill had not converted the motion but had recast it as if there was a difference. 1990 OK CR 28 (Okla. When asked what authority Gambill had to convert a motion to dismiss to an answer. 1944). Mr. it is your duty to inform this court that this . State.Crim. Albert’s advocacy that Oklahoma District Court Judge’s have inherent judicial power because they are chosen by the people. collateral estoppel. and statutory limitations are questions of fact reserved for a jury and that Dwayne Coinage would have One can only imagine what Albert’s jury instruction would be regarding statutory limitation. However. “I think he gets it from the people. 301-2 (1953). 96 Okl. State.".. 344. Perhaps Albert would instruct the jurors.2d 299. Albert claimed that an Oklahoma District Court Judge has authority to examine any paper filed in that judge’s court and identify it for what it really is.Cr. Albert that Judge Gambill had refused to notice the evidence Dwayne Coinage entered into the record and threatened to have Dwayne Coinage arrested for even trying to present evidence in support of his claims. Albert examined the file and advocated that Gambill was within his authority because Gambill had recast the motion to dismiss as an answer. Mr. 620 P. Albert including instruction on Oklahoma District Court Judge’s authority. Section 7. I think they give him that mantle of authority. 05/14/1990).2d 1328 (Okl. State.Cr. Beyond Mr. 1980). City of Tulsa. 281 (Okl. Oklahoma Constitution.2d at 103. except as otherwise provided in this Article.2d 427. See Chandler v. “Ladies and Gentlemen of the jury. 1977). and Buis v. State. in our unified court system. 554 P.Cr. Mr. Byrne v.” or words to that effect. Laughton v. 634 P. 152 P.2d 279. 562 P. Article 7.Cr. 757 (Okl. Albert advocates that questions of res judicata.120 - . a chance to raise these issues at trial. 558 P. This court needs to supervise Gregory W. Albert replied.2d 151 (Okl.Cr. When Dwayne Coinage asked where an Oklahoma District Court Judge gets such authority. Short v. to wit: We recognize the district court.2d 1171 (Okl.App. 255 P. 1981). When asked what authority Gambill had to recast the motion. this "unlimited original jurisdiction of all justiciable matters" can only be exercised by the district court through the filing of pleadings which are sufficient to invoke the power of the court to act. if you see evidence that this action was brought after the statute of limitations had run. 1977). is a court of general jurisdiction and is constitutionally endowed with "unlimited original jurisdiction of all justiciable matters. Smith v. State. Nickell v.2d 755. Mr. State.informed Mr. 792 P. State.

nonetheless considered the minute order to be an order. United States. collateral estoppel. Albert and this court are noticed of United States Supreme Court Doctrine established in Sperry v. Albert that the so-called order of Gambill was a minute order and not an order of the court and supported the contention with the docket sheet showing no order.” Albert also wants an explanation of how the statutory requirement that once the statute of limitations has run. It is also true that Albert was particularly contumacious regarding who may assist the pro se litigant during an administrative hearing. rather. Reinforced in Keller v. This court is advised to consult Castro v. Albert. Albert is neither a student of the law nor a respectful of the United States Supreme Court’s Doctrines. Ed. to wit: Albert repeatedly ridiculed Dwayne Coinage for not being able to cite the statute or rule for his points of law. Albert that he was not in receipt of the so-called order “recasting” the motion to dismiss as an answer allegedly reserving issues of res judicata. Ct. but when counsel for Gambill averred that Gambill had no duty to notice Dwayne Coinage on the putative order of the court. State Bar of Wisconsin.121 - . 10 L. When Dwayne Coinage informed Mr. Argued October 15th 2003. decided October 15th 2003 by the United States Supreme Court wherein that honorable court ruled that the court re-characterizing a pro se litigant’s motion has not only a duty to notice the pro se litigant but also to instruct the pro se litigant of the meaning and effect of the “recasting” of the pro se litigant’s motion. counsel for Gambill “chimed in” and stated that it was the state’s position that Gambill didn’t have to notice a pro se litigant of the changing of their motion. the Florida Bar 373 U. This court is also noticed of recent authority in Washington State which subsidizes the public’s knowledge that employing a bar-licensed attorney is not a guarantee of competency and honesty.trial was not necessary and then you can all get up and leave and go home. 1322. there is no cause of action nor defense there of could be an affirmative defense. and statutory limitations as questions of fact to be resolved by the jury.2d 428 (1963). . Albert willfully acceded to the erroneous point of law without query of Gambill’s counsel’s authority. it is an almost air-tight guarantee of . 83 S. ex rel. State of Florida. The meeting conducted in a general tone of acrimony revealed that Gregory W. 379. When Dwayne Coinage further corrected Mr. Wisconsin Ex Rel.The pro se litigant preparing for and participating in an administrative proceeding can have assistance of counsel without having to patronize socalled licensed bar associates.S.

This court is further noticed: in the underlying case.S. Affidavit . Thus. suggesting that the respondents presumed that “the fix was in. Section 453 and that Judge Gambill has aided and abetted this felony. Dwayne Coinage entered evidence that his adversary had testified under oath as to having no interest in the property which is the res of the non-suit in the lower court and evidence that the matter had also been lost in an adversary proceeding as well. This court is reminded: Only Constitutionally created.. See Northern Pipe Line Co. Albert and assuming original jurisdiction. this court as well as Gregory W.122 - . Albert have knowledge of violation of Oklahoma Statutes Title 21. See Jones v. 458 U. Ed. 2d 291. the parties can continue the practice as long as they provide the same standard of care as a practicing attorney. 05/09/2002). “I’ve been doing this for thirty years. 146 Wash. it is likely that Albert would defend his blatant interference with Dwayne Coinage’s right to assistance of counsel by claiming that he (Albert) was acting in a judicial capacity conducting a judicial hearing. Again. Even where the actions of non-bar attorneys constitute the practice of law. Given Albert’s opinions.” Albert should be asked why he presumed to speak for Gambill who was not in appearance. Crimes and Punishments. this court has means to know that Albert contravenes United States Supreme Court Authority in support of his contention.dishonesty and incompetence. Ct.3d 1068 (Wash. Marathon Pipeline Co. Albert. 50. 102 S. so I know what I’m doing. Allstate Ins. v. 2d 598 (1982). 45 P. Co.” Notice This court is noticed: no respondent was in appearance at the meeting held by Gregory W. or Article III judges can conduct judicial proceedings. 73 L. 2858. Chapter 13. Conclusion Respect for the rule of law requires this court disregarding the report and recommendation of Gregory W.

state as follows based on my own personal knowledge: I certify that the factual representations in the above and foregoing petition for a writ of mandamus are truthful and accurate to the best of my knowledge. 200__. S. Department of Justice Southern District of Mississippi 100 West Capital.123 - . and mailed a copy to counsel for Judge Gambill. D. Department of Justice 950 Pennsylvania Avenue. Dwayne Coinage. And also Edwin L. Albert. Worthington U. personally appeared __________________________ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act. Suite 1553 Jackson. certify that _________________. My commission expires __________ ________________ Notary Public Prepared and submitted by: _________________________________________________ Dwayne Coinage Certificate of service I. 2004. a Notary Public in and for said County and State on this ____ day of ________. 20530-0001 ______________________________ Dwayne Coinage .S. ________________________________ Dwayne Coinage STATE OF _______________ INDIVIDUAL ACKNOWLEDGMENT COUNTY OF _____________ Before me. Given under my hand and seal the day and year last above written.I. the undersigned. Mississippi 39269 Noel Hillman U. I hand delivered a true and correct copy of the above and foregoing objection and notice to Gregory W.C. of lawful age and competent to testify. NW Washington. Dwayne Coinage.

In the above mailing, a copy was sent to Worthington and Hillman. This pair teamed up to indict Oliver Diaz, Jr. (justice of the Mississippi Supreme Court), two former Mississippi Supreme Court Justices, and a private attorney. Worthington has made the public statement, “people are not treated fairly in courts” – no kidding! A number of people who copied to Hillman and Worthington have been invited to make a statement for use in a possible FBI/DOJ investigation.

What if they already have a judgment against you? You move to vacate the judgment as void. In the District Court of Caddo County State of Oklahoma Direct Merchants Credit Card Bank, Plaintiff, vs. Diane Summers, defendant. ) ) ) ) ) ) ) ) ) ) )

No. CS-2002-111

Defendant’s motion to vacate a void judgment under authority of Oklahoma Statute Title 12, Sections 1038 / judicial notice Brief in support of motion to vacate Diane Summers, an aggrieved party, moves this court under authority of O.S. 12, § 1038 for vacation of a void judgment attached. Love, Beal & Nixon, practicing subterfuge and acting in a purely criminal mode, obtained judgment in this instant case. - 124 -

Diane Summers did not receive notice and have opportunity on a motion for either default or summary judgment. Even if Love, Beal & Nixon had properly noticed Diane Summers, the record does not reveal that Direct Merchants Credit Card Bank proved standing to bring this action and Love, Beal & Nixon failed to prove up the claim of damages. Memorandum of law in support of the point of law that party alleging to be creditor must prove standing Love, Beal, & Nixon failed or refused to produce the actual notes which Direct Merchants Credit Card Bank alleges Diane Summers owes. Where the complaining party can not prove the existence of the note, then there is no note. To recover on a promissory note, the plaintiff must prove: (1) the existence of the note in question; (2) that the party sued signed the note; (3) that the plaintiff is the owner or holder of the note; and (4) that a certain balance is due and owing on the note. See In Re: SMS Financial LLc. v. Abco Homes, Inc. No.98-50117 February 18, 1999 (5th Circuit Court of Appeals.) Volume 29 of the New Jersey Practice Series, Chapter 10 Section 123, page 566, emphatically states, “...; and no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon. It would seem that the mortgagor would normally have a Common law right to demand production or surrender of the bond or note and mortgage, as the case may be. See Restatement, Contracts S 170(3), (4) (1932); C.J.S. Mortgages S 469 in Carnegie Bank v Shalleck 256 N.J. Super 23 (App. Div 1992), the Appellate Division held, “When the underlying mortgage is evidenced by an instrument meeting the criteria for negotiability set forth in N.J.S. 12A:3-104, the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to N.J.S. 12A:3302" Since no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course. New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question, prove that the party sued signed the alleged note, prove that the plaintiff is the owner and holder of the alleged note, and prove that certain balance is due

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and owing on any alleged note. Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. See Matter of Staff Mortg. & Inv. Corp., 550 F.2d 1228 (9th Cir 1977), “Under the Uniform Commercial Code, the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party, his agent or bailee.” Bankruptcy Courts have followed the Uniform Commercial Code. In Re Investors & Lenders, Ltd. 165 B.R. 389 (Bkrtcy.D.N.J.1994), “Under the New Jersey Uniform Commercial Code (NJUCC), promissory note is “instrument,” security interest in which must be perfected by possession ...” Memorandum of law in support of the point of law that even in a default judgment, damages must be proved Trial court could not award damages to plaintiff, following default judgment, without requiring evidence of damages. Razorsoft, Inc. v. Maktal, Inc., Okla.App. Div. 1, 907 P.2d 1102 (1995), rehearing denied. A party is not in default so long as he has a pleading on file which makes an issue in the case that requires proof on the part of the opposite party in order to entitle him to recover. Millikan v. Booth, Okla., 4 Okla. 713, 46 P. 489 (1896). Proof of or assessment of damages upon petition claiming damages, it is error to pronounce judgment without hearing proof or assessing damages. Atchison, T. & S.F. Ry. Co. v. Lambert, 31 Okla. 300, 121 P. 654, Ann.Cas.1913E, 329 (1912); City of Guthrie v. T. W. Harvey Lumber Co., 5 Okla. 774, 50 P. 84 (1897). In the assessment of damages following entry of default judgment, a defaulting party has a statutory right to a hearing on the extent of unliquidated damage, and encompassed within this right is the opportunity to a fair post-default inquest at which both the plaintiff and the defendant can participate in the proceedings by cross-examining witnesses and introducing evidence on their own behalf. Payne v. Dewitt, Okla., 995 P.2d 1088 (1999). A default declaration, imposed as a discovery sanction against a defendant, cannot extend beyond saddling defendant with liability for the harm occasioned and for imposition of punitive damages, and the trial court must leave to a meaningful inquiry the quantum of actual and punitive damages, without stripping defendant of basic forensic devices to test the truth of

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plaintiff's evidence.. 203 P.2d 445. Okla. Ross. 201 Okla. Where liability of father for support of minor daughter and extent of such liability and amount of attorney's fees to be allowed was dependent on facts. Reed v. 995 P. Fracture of two toes required expert medical testimony as to whether such injury was permanent so as to allow damages for permanent injury. Reed v. 534 P.L. 49 P. Okla. 20 A.App. and future medical treatment on default judgment.. rendering of final judgment by trial court requiring father to pay $25 monthly for support of minor until minor should reach age 18 and $100 attorney's fees without having heard proof thereof in support of allegations in petition was error. 20 A. Payne v. 20 A.2d 445. 820 P.2d 1088 (1999). 601. §§ 4779. Walters. this section and § 2007 of this title). allegation of value.L. Thomas v. Dewitt. since defendants and court treated answer of defendant on file as having been filed on behalf of both defendants. 534 P.2d 702 (1975).5th 913 (1991). 173 Okla.. 820 P. now. 534 P. Graves v.. Reed v.L.. Walters.2d 702 (1975). Scott. Rendition of default judgment requires production of proof as to amount of unliquidated damages. Walters. Refusal to render default judgment against codefendant for want of answer was not error.R. 5130 (see. 174. 820 P. In a tort action founded on an unliquidated claim for damages. Rule that default judgment fixing the amount of recovery in absence of introduction of supporting evidence is void and not merely erroneous or voidable obtains with regard to exemplary as well as compensatory damages. Okla.. Presumptions which ordinarily shield judgments from collateral attacks were not applicable on motion to vacate a small claim default judgment on ground that court assessed damages on an unliquidated tort claim without first hearing any supporting evidence.2d 702 (1949). were not .2d 702 (1975). Graves v.R. Scott. Graves v. Okla.5th 913 (1991). a defaulting party is deemed to have admitted only plaintiff's right to recover.App..5th 913 (1991). and such testimony was not within competency of plaintiff who had no medical expertise. Okla.2d 557 (1935). and since plaintiff could not recover without offering proof of damages and offered no such proof. Ross v.App. so that the court is without authority or power to enter a judgment fixing the amount of recovery in the absence of the introduction of evidence. When face of judgment roll shows judgment on pleadings without evidence as to amount of unliquidated damages then judgment is void. future pain.127 - . or amount of damages stated in petition. Okla.L. Under R.1910. Okla. Sweet.R. Okla..2d 445.. Scott. Okla.

GE Capital Hawaii.C. Okla. City of Broken Arrow.128 - . and Town of Brookfield v. 163 Ill. Inc. in legal effect. Norwich Housing Authority 28 Conn.2d 1088 (1999).1 (1986). 3d 845. Kauanoe. App. Cudd v.U. Memorandum of law in support of the point of law that to prove damages in foreclosure of a debt. L.3d 807. 614 P. Hearing Trial court's discovery sanction barring defendant from using cross-examination and other truth-testing devices at post-default non-jury hearing on plaintiff's damages violated due process. 76 Okla. in itself. By it no rights are divested. 96 Hawaii 32.2d 1218. and have no effect whatever upon the parties or matters in question. Inc. See also Solon v. 995 P. V. 521 (1919). Rptr.. 114 Il. Fooks v. 185 P. Where judgments are void. Okla. from it no rights can be obtained.considered true by failure to controvert. Payne v. 766 P. party must enter the account and general ledger statement into the record through a competent fact witness To prove up claim of damages. 1988 OK 140 (Okla. no judgment at all. 513 A.2d 936 (1980). Being worthless. 62 Haw. v. Memorandum of law in support of the point of law that a void judgment cannot operate The general rule is that a void judgment is no judgment at all. (Conn. 317. Candlewood Shores Estates.. no judgment existed from which the trial court could adopt either findings of fact or conclusions of law. Godbole. any subsequent proceedings based upon the void judgment are themselves void.2d 344. as was the judgment originally rendered by the trial court here. foreclosing party must enter evidence incorporating records such as a general ledger and accounting of an alleged unpaid promissory note. 201 Conn. Bank of Lindsay. A void judgment is. 12/06/1988). A void judgment neither binds nor bars . Farmers' Exch. 334. Valley Vista Development Corp. all proceedings founded upon it are necessarily equally worthless. See Pacific Concrete F. the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger. (Hawaii App 2001).2000). Super. In essence. v. Yonenaka 25 P. Dewitt. 371.

2d 941. 30 F.3d 1307. (Colo. Diemer (1988). Southwestern Insurance Company. Orner v.2d 508. See Patton v. and all who aid and abet Love.E. Judicial notice This court is noticed: As soon as practical and reasonable.129 - . Memorandum of law in support of the point of law that party seeking to vacate a void judgment is invoking the ministerial powers of the court / courts lack discretion when it comes to vacating void judgments When rule providing for relief from void judgments is applicable. and Nixon. Shalala. 1960 OK 266 (Okla. 12/27/1960). 1974 OK 35 (Okla. 1994). Chapter 19. are absolutely void.W. A void judgment cannot constitute res judicata. the private business organizations to which they belong. Miller. but is mandatory. 360 P. his conviction and sentence would be void ab initio. Any attorney . Bruce v. 35 Ohio St.2d 662. All acts performed under it. Thomas.anyone. and Nixon shall be sued under authority of 18 USC 1964(a). for the reason that the lack of judicial power inheres in every stage of the proceedings in which the judgment was rendered. Beal. § 554. The parties attempting to enforce it are trespassers. See also. Memorandum of law in support of the point of law that a void judgment is not void when declared void but is void ab initio If the trial court was without subject matter jurisdiction of defendant's case. and. Title 21. 906 S. Every attorney who either directly or indirectly buys or is interested in buying any evidence of debt or thing in action with intent to bring suit thereon is guilty of a misdemeanor. 520 P. 03/19/1974). “Attorney Buying Evidence of Debt-Misleading Court. Beal. Love." High v. Denial of previous motions to vacate a void judgment could not validate the judgment or constitute res judicata. 518 N. relief is not discretionary matter. and all claims flowing out of it.2d at 262 (holding that trial court has not only power but duty to vacate a void judgment). See O.S.3d 68.

Because the language of Racketeer Influenced and Corrupt Organizations Act authorizing suit by any person injured in his business or property by reason of violation of Act tracks section 4 of the Clayton Act. and showing what the legal statement was. or allow it to be produced as genuine upon any [({ trial. or other matter or thing. See Oklahoma Statutes Title 21. If the defense be that the act was not willful the burden shall be on the defendant to prove that he did not know that there was error in his statement of law. proceeding or inquiry whatever. direct or indirect. })]. rules established in antitrust cases for identifying proper complaints should be applied to RICO. In order to state claim for treble damages as result of . the activities of which affect interstate or foreign commerce. Any person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefore in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit. including. in any enterprise. Chapter 13. willfully misstates any proposition or seeks to mislead the court in any matter of law is guilty of a misdemeanor and on any trial therefore the state shall only be held to prove to the court that the cause was pending. with intent to produce it. Crimes and Punishments. or ordering dissolution or reorganization of any enterprise. instrument in writing. SHALL BE GUILTY OF A FELONY. but not limited to. prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in.130 - . Congress intended RICO. [({ record.who in any proceeding before any court of a justice of the peace or police judge or other inferior court in which he appears as attorney. imposing reasonable restrictions on the future activities or investments of any person. })] authorized by law. wherein it is not the law. Both requirements of Rule mandating particularity in pleading of fraud and liberal notice pleading philosophy of federal rules apply to RICO claims based upon fraud. paper. that the defendant appeared as an attorney in the action.” Any person guilty of falsely preparing any book. Memorandum of law in support of judicial notice The federal district courts have jurisdiction under Civil Rico to order any person to divest himself of any interest. Section 453. too.

through commission of two or more acts. or maintained an interest in. (2) that defendant was employed by or associated with the enterprise. RICO plaintiff must establish that defendant has received money from pattern of RICO activity and has invested that money in enterprise affecting interstate commerce. or participated in an enterprise affecting interstate commerce. plaintiff in RICO action must (1) prove RICO violation. (3) nexus between defendant.injury to business or property. To prove that enterprise existed within meaning of RICO plaintiffs must present evidence of ongoing organization and evidence that various associates functioned as continuing unit. relationship to organized crime. Pattern or acts must proximately cause the injury. Showing injury requires proof of concrete financial loss. Plaintiff must allege injury flowing from commission of predicate acts which means that recovery must show some injury flowing from one or more predicate acts. Plaintiff must demonstrate that he sustained injury as proximate result of one or more predicate acts constituting pattern. and (3) that the violation caused the injury. Plaintiff must show how violation caused injury and in conjunction with RICO prohibitions stated in 18 USC 1962 (which centers on actions conducted through pattern of RICO activity by reason of requirement effectively forces civil RICO plaintiff to demonstrate that predicate act alleged for purposes of making out violation of 1962 resulted in direct harm). (3) that defendant participated in the conduct of the enterprise’s affairs. Loss cannot be . (2) prove injury to business or property. or proof of injuries outside those caused by the predicate acts. Additionally. (2) existence of pattern of racketeering activity. There must be a direct relationship between plaintiff’s injury and plaintiff’s conduct (as in plaintiff relying on). Plaintiff must allege that defendant.131 - . and (4) that the participation was through a pattern of racketeering activity. constituting pattern of racketeering activity. directly or indirectly invested in. and (4) resulting injury to plaintiff in his business or property. Injury must be caused by a pattern of RICO activity or by individual RICO predicate acts. Civil Rico cause of action does not require prior criminal conviction. pattern of RICO activity or RICO enterprise. Causal connection between injury and alleged acts of RICO activity is requirement of standing under RICO. The test for proximate cause is reasonably foreseeable or anticipated as natural consequence. Elements essential to CR are (1) existence of RICO enterprise. plaintiff must prove (1) existence of enterprise which affects interstate commerce.

There is no right of contribution under civil liability provision of RICO Act. Civil Rico does not apply to personal injuries. and (5) that plaintiff was injured in business or property. enterprise. Civil Rico claim must adequately allege that scheme of fraud would have foreseeable result and continuity or threat of . Standard of proof is preponderance of the evidence. RICO activity. (1) two predicate acts. (3) directly participating in the conduct of an enterprise of (4) activities that affect interstate commerce. Relying on a fraud to one’s detriment and resulting injury to property or business is injury cognizable within Civil Rico.132 - .intangible. Communicating misrepresentations to the effect that the party relying on the misrepresentations loses money or property is injury. Cardinal question is whether defendants have committed one of enumerated acts under 18 USC 1961. and (3) defendant participated through a pattern of racketeering activity that must include the allegation of at least two racketeering acts. Lost profit is an injury cognizable within Civil Rico. and (3) that defendants pose a threat of continued criminal activity. Plaintiffs are not required to show nexus between defendants and organized crime. There are elements that must be pled before plaintiff may avail himself of enhanced damages. Liability attaches where injury is direct or indirect result. No particular RICO injury need be proven to maintain a Civil Rico. (2) that defendant participated directly or indirectly in the conduct or affairs of the enterprise. (2) which constitute a pattern of racketeering activity. and pattern of racketeering activity. Complaint must allege (1) existence of enterprise affecting interstate commerce. intervention of independent causes and factual directness of causal connection. A necessary ingredient of every successful Civil Rico claim is an element of criminal activity. and injury. however. (2) that predicates were related. Plaintiffs must show (1) at least two predicate acts. Each element of RICO violation and its predicate acts must be alleged with particularity. Lost opportunity must be concrete injury meaning not speculative. Plaintiffs must show a nexus between control of enterprise. standing requires direct injury. Injury caused by reliance on fraud is injury. To state a claim under CR there must be a person. Question of whether plaintiff’s business or property was injured is question of law for the court taking into consideration such factors as foreseeability of particular injury. Plaintiffs must prove criminal conduct in violation of RICO injured business or property. Plaintiff need only establish that predicate acts were proximate cause of injury.

Sufficiency of pleading of RICO conspiracy claim is not subject to higher pleading standard of civil rule for fraud claims. sufficient to reasonably notify the defendants of their purported role in the scheme. App. C. 913 F. Hull. To state a claim the “continuity plus relationship standard” must be met. Sinibaldi.. Nassau-Suffolk Ice Cream. and (2) common purpose of making money from fraud schemes. 103. v. Actual fraud and not constructive fraud must be shown. 11 (Ga. 11 (Fla. 286 U. 684. Supp. Supp.D.S.2d 948. v.A.A. a party must allege two acts of racketeering with enough specificity to show there is probable cause to believe that crimes were committed. 114 F.C.A. S.. Integrated Resources. Enterprise as defined in Civil Rico is (1) identified formally or informally. 1992. Zweifel. 655. In order to sufficiently allege a conspiracy.L. Inc.. D.) 1991.) 1991.Y. rehearing denied 931 F. 380. Valeria Associates. Continuity means “regular way of doing business. 100 A. There must be a threat of future activity. C. Inc. 1992.” To satisfy the “pattern prong” requires that acts be related. 1990. Inc. Inc. C.S. L. 1987.P. 835 F. 921 F. v. Fraud allegations are sufficient for purpose of stating Civil Rico claim if the place the defendant on notice of precise misconduct Claim must be made that defendant actually made false statements. 2 (N.133 - .Y.C. Avirgan v. 501 U..R.) 1990.D. Herman. certiorari denied 111 S.. S.Ct. 932 F.Y.2d . Chauffeurs & Helpers Local Union 639. 115 L. Polletier v.Del. 2d 1007. D. Fed. Failing to allege that defendant was affiliated with or engaged in organized crime is not fatal to Civil Rico claim. 232. Standard Chlorine of Delaware. Drivers.D. 897 F. N. See Attick v. Pattern of racketeering activity means a nexus between the affairs of the enterprise and the RICO activity. 2839. the complaint must. (4) content of the alleged communications perpetrating the fraud and (5) identity of party perpetrating a fraud. 792 F. F.R. Hecht v. Supp.Ed. C.2d 1572. 821 F.N. 1992. 182. at minimum. Commerce Clearing House. (1) describe the predicate acts with some specificity and (2) state the time.. Although rule that fraud must be pled with particularity requires that plaintiff in a suit brought under RICO provide only a general outline of the alleged fraud scheme. Plaintiff must show how person’s criminal conduct enables obtaining an interest or control of the enterprise. Yellow Bus Lines. Pa. Inc.continuing racketeering acts.D. (3) place.A. Referring to entity as both enterprises and person does not defeat Civil Rico in spite of requirement of (1) identifying a persons and a (2) separate enterprise. Jordan v.D. Enterprise can be association-in-fact.2d 21.2d 1465. 1222.

1990. 581 F. 900 F. New England Reinsurance Corp. 987. N. V.Supp. Co. 525 U. 1996. Fla.Y.N. Grand Cent.J.901.J. I am not in receipt of any document which verifies that Direct Merchants Credit Card Bank has standing to sue in Oklahoma courts. 167. S. 2d 397. 1995. v. Supp. La. Ins. 342. Securities Litigation. Inc.2d 1297.D. 1989.D. Babst v. 713 F. Minpeco. Gypsum Co. Pa. Tex. Securities Litigation.Y. 718 F. D.) 1997.Supp.Supp. Crosley.D. Palmadessa. 1996. 834 F. 855.3d 143. 1113. 816 F. 775 F. Liquid Air Corp. Frank E.Y. 979. 131. Protter v.Ill. N.D. 101. Yancoski v. 370.134 - .Pa. 1992. Pa. Guiliano v. Inc.Supp. v.Supp. Ohio 1991. 502 U. 904 F. 1995.N. Vitoulis S. E. Prudential Ins. U. 737 F. Randolph County Federal Sav. of America v.D. 528. 921 F. certiorari denied 112 S. 1226. S. In re American Honda Motor Co. I am not in receipt of any document which verifies that I owe Direct Merchants Credit Card Bank money. I am not in receipt of any document which verifies that I have a contract with Direct Merchants Credit Card Bank 3. v.. Inc.. 1984. Inc. In re Crazy Eddie Securities Litigation. D. Debenture Guar.1991. Buck Creek Coal. Everything Yogert. 626. 1194.A. 687 F.D.Supp. 168. Shearson Lehman Bros. 1990.Supp. v. 908 F.Supp. .D. W. 287. v. N. 2. E. Inc.Y. Diane Summers. 1988. Dealership Relations Litigation.Md. 292.. 600 F. Red Ball Interior Demolition Corp.Supp.Y. E. Leidesdorf.J.Supp. 1992. M. 601.S. Sutliffe S. v.Supp.Supp.D. S. 747 F.Ct. Venzor v.D. Sanitation. United Workers of America.A.3d 900.S. 564 F. v.. Fla. 255. N. Mass. M. 828 F. Florida Dept. 1996. Hunt. 1993. 936 F. Bank of Palmerton. Inc. Inc. D. Innovative Heath Care Systems. Gitterman v. vacated 119 S.D. In re Phar-Mor.D.Y.N. 88. 142 L. Gigante.D. 1993. S. 773 F. S. 850. Compagnie de Reassuarance D’lle de France v.Ct.D. 847 F. Inc. Inc.Supp.A. Inc. & Loan Assoc.D. Khurana v. Poeter v.Supp. of lawful age and competent to testify state as follows based on my own personal knowledge: 1. Hutton & Co.. Supp. 445.Supp. N. D.Supp.Supp. E.S. Affiliated Financial Corp. and O’Rourke v. .) 1987. Basil. S. on remand 164 F.Supp.D. Gonzalez. E.D.Ed. 802 F.S. F. 777. 299. 1208. N. 5 (La. Morgan Keegan & Co. Inc. 1982. 941 F..F. 750. 7 (Ill. 442. 917 F.N. 819 F. U.Ed. Ind. Ill.Supp. In re Sahlen & Associates. 46. Ill. 1983. 1994.. Rogers C. 41.Supp.N. 1995. D. Affidavit I. 1994. First Nat.D. v. N. Miller v. 130 F. 1989.D. 1993. 825 F. Nathan’s Famous Systems.Supp. C. 116 L.

personally appeared __________________________ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act. Beal & Nixon .’s pattern of acts against me. 6. My commission expires __________ ________________ Notary Public Declaration Fifteen days from the verifiable receipt of this motion to vacate a void judgment. As the result of Love. 200__. Diane Summers. an order shall be prepared and submitted to the court for ratification unless prior to that time. I have been damaged financially. Prepared and submitted by: ___________________________ Diane Summers Certificate of service I. 2003. rebut all articles . Love. Beal & Nixon.of my affidavit by and through a competent fact witness making their statement under penalty of perjury. ___________________________ Diane Summers STATE OF OKLAHOMA COUNTY OF _____________ INDIVIDUAL ACKNOWLEDGMENT Oklahoma Form Before me. I am not in receipt of any document which verifies that Direct Merchants Credit Card Bank authorized suit against me or is even aware of it.C. P. and emotionally. Beal & Nixon. certify that July___. P.135 - .one through five . return receipt requested to: Love. a Notary Public in and for said County and State on this ____ day of ________. socially. Given under my hand and seal the day and year last above written. I mailed a true and correct copy of the above and foregoing motion to vacate via certified mail.4. supporting all the rebutted articles with evidence which would be admissible at trial. and sets the matter for hearing. 5.C. I am not in receipt of a motion for judgment by default or motion for summary judgment on behalf of Direct Merchants Credit Card Bank. the undersigned.

Oklahoma 73123 __________________________ Diane Summers What if you just can’t win? You appeal! Two variations follow No. DF-999999 IN THE SUPREME COURT OF THE STATE OF OKLAHOMA Diane Summers Appellant. Direct Merchants Credit Card Bank appellee On appeal from the lower court’s refusal to vacate a void judgment Caddo County. Box 32738 Oklahoma City.P. Vs. Oklahoma District Court Number CS-2002-111 Appellants’ brief-in-chief .136 - .O.

then prosecute an action in the name of the original maker of the loan are engaging in criminal activity and attorneys who prepare and submit false documents to a court are committing . and grounding no rights. 3-5 5. . .6 7 Questions presented . Oklahoma 73005 No phone number at this time November 28th 2003 Table of contents Table of authorities History . absolutely no evidence entered on the record in support of the claim. . . . . .Diane Summers P. the judgment is void. . . . Box 1454 Anadarko. . . conveying no interest. . O. . no nothing. . a nullity. . First proposition: Where the record shows absolutely no evidence. . no prove up of the claim. no contract. . Second proposition: Attorneys who purchase evidence of debt.137 - . . . . . .

. . . 18 USC 4 . . . that the court had jurisdiction: where parties. Table of authorities Federal Statutes: 15 USC 1601 . . . 6. . 5 . all actors are trespassers on the law. . . . . 18 USC 1961 . Conclusion . it is incumbent on the party asserting that the court had jurisdiction to show. . . . . . . 7-13 13 14 Certificate of service . . . on the record. 18 USC 1962 . Where the judgment is void on the face of the record. . . . . . . 6. . . . Argument and authorities . . Oklahoma courts have a non-discretionary duty to vacate the void judgment. . Fourth proposition: When the court’s jurisdiction is challenged. . . 6 .138 - . . . . . . .7 . . . . . . and duty to remand those who have committed criminal acts to other authority for considered prosecution. . . . order repair of all damages caused by the void judgment. . . . . .7 . . including judges enforce a judgment the record shows is void. Third proposition: Oklahoma courts lack judicial power to review a void judgment. . .felonies.

. 26 U. 13 Yates v. 7 Carter v..3d 1307. Shalala. . 329 (1912) .2d 1228 (9th Cir 1977) . . Lubben v.3d 1000. 27. Village of Hoffman Estates. . 31 Okla. . v.2d 508.S. . 1683. .) . 1687 (1974) Bruce v. Chapter 19. 07/25/2001) .Ct. 1998) .R. 13 Scheuer v. .2d 230 231 (S. . Co. (Colo. . Corp. 121 P.D. . 1998) . . . 1 Pet. Chapter 13. 416 U. Title 21. . . . 389 (Bkrtcy. 649. Supp. . Sys. 11 . 550 F. . v.3d 859 (8th Cir. 11 . Lambert. . Selective Serv. Ill. 409 Small v. . Abco Homes. 136 F. Orner v. 165 B.D. & S. . Ry. . .D. . Illinois. 94 S. 10 Federal authorities: American Red Cross v. 209 F. . Ltd. . 9 9 9 Elliott v Peirsol.N. . 6 10 O. . . 360 P. 30 F. Holly.139 - . . . 1912 E.S. Crimes and Punishments. 12/27/1960). 22 F. 257 F.F. No. . Cas. .. 8 . 1960 OK 266 (Okla. .1994) . 340. & Inv. 176 U. 1005 (5th Cir. Fenner. T. . . rule 4(7) O.S. . (1st Cir.S. . .Y. 11 . 453 F. In Re: SMS Financial LLc. 757 (N. . 328. Rhodes. No. Batista. 1999 (5th Circuit Court of Appeals. § 554 . .N.Oklahoma State Statutes and rules: Oklahoma rules for local courts. . . Ann. 1972) 11 Matter of Staff Mortg. Miller. . 1962) Oklahoma authorities: Atchison. 12 . . . . .S. 328. 300. . . . Local Bd. . Inc. 398. Community Blood Center of the Ozarks. Title 21. Section 453 . 8 . Supp. . . 11 .2d 645.J.98-50117 February 18. . 232. 340 (1828) . . 654. In Re Investors & Lenders. . 1994) Roller v.

App. L.2d 1154 (1974) . 489 (1896) Payne v. Bd.2d at 262 . . 86 N. Okla. App.M.2d 533 (1987) Carnegie Bank v Shalleck 256 N. 27 B. Cleveland Electric Illuminating Company v.2d 344. 783 (1983) In re: Leen. Super 23 (App. .E. . Sweet. (Conn. . Norwich Housing Authority 28 Conn. Rptr.140 . App. .2d 702 (1975) . 11 8 8 8 . . . Cudd v. 50 Wash. Okla. Okla. .J.City of Guthrie v. 11 11 09 11 11 Bindell v City of Harvey. .2000) . . 203 P. . Co. . v. 69363 (Ohio App. Finesilver. . 368 .. Harvey Lumber Co. 212 Ill. Hamilton Cty. 62 Wash. at 478 In re: Thomas. Farmers’ Exch.3d 807. Graves v. 906 S. . v.3d 363.2d 702 (1949) . 521 P. . . 5 Okla. 84 (1897) . Southwestern Insurance Company. . County of Valencia. Okla. 11 Brickum Inv. Cincinnati School Dist. Super. . 20 A. Div.2d 1017 (1st Dist. 780. Bank of Lindsay. . . 173 Okla. 1988 OK 140 (Okla. T. . 76 Okla. Co. Okla. . 57 Wash. .. Div 1992) Chavez v. v. 1. 521 (1919).App. 713. Vernham Corp. v. In re:Bd. 46 Wash. . 534 P. 50 P. 185 P. Okla. 731 P. 766 P. 201 Okla. Thomas c. App. . Maktal. App. . 12/06/1988) . Inc. 174. 633. . . of Edn.L. 635. . 520 P. 517. . . . 317.3d 1042. 995 P. 749 P. 10 11 11 12 11 11 .2d 754 (1988) In re TIP-PA-HANS enterprises.2d 206 (1990) ..R. Booth. 87 Ohio St. 49 P. Inc. 205.. In re Marriage of Brighterowski. . .W. Yonenaka 25 P. . App.2d 1088 (1999) .R. Scott. 907 P. High v. 790 P. 371. 46 P.. . 601. Valley Vista Development Corp. Inc. 783.2d 662. 820 P. v. 8 8 7 8 8 8 Razorsoft Inc. . . 1991) . Ross. v. City of Broken Arrow.2d 1102 (1995) Reed v. Dist. . (Hawaii App 2001) 8 Fooks v.2d 557 (1935) . .8 04/25/1996) GE Capital Hawaii. Okla. Walters.. 5th 913 (1991) Ross v. 1974 OK 35 (Okla. No. 774. Ruth. . .W. .2d 445. 520. . 03/19/1974) Millikan v. . . 8 Persuasive authorities: Allied Fidelity Ins. 96 Hawaii 32. . 571 N. Dewitt. of Revision (2000). 790.

. C.1 (1986) . . .2d 1218. Love v. 177. .3d 68 . by failing to notice Diane Summers that Love. .. 665. Godbole. . at 232.al.App. 15 USC 1601 et seq. Inc. (4) (1932). 483 (1928) 201 Conn. .S. . . . by failing to validate the alleged debt. . (1973) . 174 N. 190 Colo.J. Contracts S 170(3). . V. . . . . . violated the Fair Debt Collections Practices Act. Love. App. 12 12 11 11 11 11 10 10 12 10 12 Loos v American Energy Savers. . . Town of Brookfield v.J. . Kauanoe. 9 9 9 9 9 New Jersey Uniform Commercial Code (NJUCC) Restatement. . 57 Ill. . .2d 936 (1980) . 62 Haw. 614 P. . . 472. . 128 Ill..E. Mendoza v City of Corpus Christi. Chapter 10 Section 123.2d 516 (1990) . 12 . . .U. page 566 . .W. 12A:3-302 . . 654. . . . Wright & Miller. 522 N. Kitsap County. App. . FEDERAL PRACTICE AND PROCEDURE. 449. . .3d 558.E.2d 652. Candlewood Shores Estates. and then. . .S. . & Nixon. Good v. 3d 845. 6th Edition. 12A:3-104 N. . 59 Wash. . Inc. . & Nixon was a debt collector attempting to collect a debt. 334. Pacific Concrete F. . 13 Dist. . . . 700 S.141 - . App.S. .C. Brewer. . . The People v. . . 513 A. . Von Kettler et. . . . Mortgages S 469 Volume 29 of the New Jersey Practice Series. .C. 114 Il. Beal. . 94 S.J.. . page 1504 N. 797 P.In re: Weaver Constr. Tex. 163 Ill. Packer. 545 P. . 450 Patton v. 109 (1870) Other publications: Black's Law Dictionary. by misrepresenting the character and amount of the debt Diane Summers allegedly owed. Beal. 180-81. . . 35 Ohio St. Solon v. . 168 Ill.2d 841(1988) . . Diemer (1988). ..Civil § 2862 11 History The record made in Caddo County case number CS-2002-116 verifies that third party debt collector. . v Johnson. The matter languished without rising to a justiciable controversy until Daine Summers called the question by filing a motion for summary judgment and .2d at 1045 .

(5). Questions presented: Whether the Oklahoma supreme court was correct to rule and determine that even a default judgment must be proved and absent evidence entered on the record with notice . presumed jurisdiction to make a judicial determination that the void judgment was valid. challenging Love. Beal. Beal. It is from this criminal misconduct that Diane Summers appeals. should be compelled to appear and testify before a federal grand jury and explain exactly what article. and Nixon. Beal. (2). Beal. Verification that Diane Summers damaged Direct Merchants Credit Card Bank. That Love. John E. Herndon. (4). rule 4(7) with the obvious result of obstructing justice. and the standard of review is. & Nixon moved the court for judgment by default and set the matter for hearing with notice to Diane Summers. Establishing that Love. the court below. of course.noticing the court of the debt collection fraud racket. the debtor can ask for or demand as evidence that the alleged debt has been discharged. and. has a contract with Diane Summers. gross abuse of discretion as the court lacked judicial power to refuse to vacate a judgment the record verifies obtained without: (1). or. Verification that Direct Merchants Credit Card Bank authorized suit against Diane Summers with authority delegated to Love. illegally saving Love. that Direct Merchants Credit Card Bank: (1). absent a contract. & Nixon.142 - . The trial court judge. & Nixon from having to answer the motion for summary judgment and blatantly depriving Diane Summers of important substantive and procedural due process rights. See judge’s duty found at 18 USC 4. Verification that Direct Merchants Credit Card Bank has standing to sue in Oklahoma courts. (3). Beal. has standing to sue in Oklahoma courts. has been damaged by Diane Summers. (3). Beal. & Nixon is a racketeer influenced corrupt business organization which routinely relies on Oklahoma district court judges to aid and abet violation of 18 USC 1961 & 1962. Diane Summers moved for vacation of the void judgment. Verification that Direct Merchants Credit Card Bank has a contract with Diane Summers. that Direct Merchants Credit Card Bank had authorized suit with delegated authority to Love. The court rushed to judgment sua sponte without being moved under authority of the rules for local courts. (2). & Nixon to show. (4). on the record.

. by and through its appellate tribunals. Community Blood Center of the Ozarks. openly and willfully participates in aiding and abetting violation of law including 18 USC 1961 & 1962? Argument and authorities First proposition: Where the record shows absolutely no evidence. Razorsoft Inc. This court is noticed: the court below awarded a judgment by default sua sponte without any evidence whatsoever being entered on the record. See American Red Cross v. and grounding no rights. Okla. conveying no interest. v. the judgment is utterly void? Whether the Oklahoma supreme court was correct to rule and determine that a void judgment is no judgment at all? Whether the Oklahoma Legislature intended to protect consumers from the debt collections racket? Whether the Oklahoma Supreme Court. Even a default judgment must be proved and without evidence entered on the record with notice and opportunity to the opposing party to use basic forensic devises to test the sufficiency of the evidence. no prove up of the claim. the judgment is void. no nothing. 07/25/2001). the judgment is void. Maktal.to the opposing party for opportunity to use basic forensic devises to the test the sufficiency of the evidence. 257 F..143 - . a nullity. Inc.3d 859 (8th Cir. no contract. absolutely no evidence entered on the record in support of the claim.

App.2d 662. The parties attempting to enforce it are trespassers. Southwestern Insurance Company. Graves v. 12/27/1960). in legal effect. Ross v. 5 Okla.2d 344. 300. 521 (1919). Miller. Farmers’ Exch. 654.2d 445.2d 557 (1935). App.. Reed v.L. 121 P. 46 P. Ross. 49 P. Okla. Okla. 174. Dewitt. and Cudd v. Bruce v. Bank of Lindsay.2d 508. 31 Okla. & S. 489 (1896). Being worthless. Okla. A void judgment cannot constitute res judicata. Ann. Where judgments are void. T. 173 Okla. and have no effect whatever upon the parties or matters in question. Lambert.2d 1088 (1999). Okla. 20 A..R. Div. 1. 766 P.W. 1988 OK 140 (Okla. Scott. 907 P. By it no rights are divested. 360 P. 1974 OK 35 (Okla. 317. 774. City of Guthrie v. Cas. 520 P.144 - . 5th 913 (1991). 203 P. Booth. no judgment at all. Okla. v. 1912 E. 995 P." High v. v. as was the judgment originally rendered by the trial court here. Walters. 601. 12/06/1988). 50 P. any subsequent proceedings based upon the void judgment are themselves void. 713. In essence.F. Denial of previous motions to vacate a void judgment could not validate the judgment or constitute res judicata. in itself. Valley Vista Development Corp. 185 P. then prosecute an action in the name of the original maker of the loan are engaging in criminal activity and attorneys who prepare and submit false documents to a court are committing felonies . 1960 OK 266 (Okla. 03/19/1974). The general rule is that a void judgment is no judgment at all. Okla.2d 1102 (1995). from it no rights can be obtained. all proceedings founded upon it are necessarily equally worthless. A void judgment neither binds nor bars anyone. 820 P. 534 P. Atchison. Payne v. A void judgment is. Co. and. are absolutely void. Sweet. Okla. Second proposition: Attorneys who purchase evidence of debt. City of Broken Arrow. 76 Okla. for the reason that the lack of judicial power inheres in every stage of the proceedings in which the judgment was rendered. and all claims flowing out of it. Thomas c. T. All acts performed under it. Millikan v. 201 Okla. Harvey Lumber Co. 84 (1897).2d 702 (1975). no judgment existed from which the trial court could adopt either findings of fact or conclusions of law. 329 (1912). Ry.2d 702 (1949)..

.S. Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. and prove that certain balance is due and owing on any alleged note. See Matter of Staff Mortg. “Under the New Jersey Uniform Commercial Code (NJUCC). Super 23 (App. C. 550 F.” Bankruptcy Courts have followed the Uniform Commercial Code.Where the complaining party can not prove the existence of the note. Abco Homes. Contracts S 170(3).N. as the case may be.2d 1228 (9th Cir 1977).” To prove up claim of damages..J. his agent or bailee.145 - .S.) Volume 29 of the New Jersey Practice Series.” security interest in which must be perfected by possession . To recover on a promissory note. and (4) that a certain balance is due and owing on the note. Chapter 10 Section 123.. promissory note is “instrument. 12A:3-302. & Inv. (2) that the party sued signed the note. prove that the party sued signed the alleged note. Div 1992). Corp.. v. 12A:3-104. the Appellate Division held.1994). the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to N. “Under the Uniform Commercial Code.D. “When the underlying mortgage is evidenced by an instrument meeting the criteria for negotiability set forth in N. No. prove that the plaintiff is the owner and holder of the alleged note. It would seem that the mortgagor would normally have a Common law right to demand production or surrender of the bond or note and mortgage. foreclosing party must enter evidence incorporating records such as a general ledger and accounting of an alleged unpaid . (3) that the plaintiff is the owner or holder of the note.98-50117 February 18.R. Mortgages S 469 in Carnegie Bank v Shalleck 256 N. Ltd. the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party. (4) (1932).S.J. 1999 (5th Circuit Court of Appeals.. the plaintiff must prove: (1) the existence of the note in question. 389 (Bkrtcy. See In Re: SMS Financial LLc. page 566. emphatically states. and no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon. then there is no note. Inc. New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question.J.J. In Re Investors & Lenders." Since no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course.J. “.. 165 B. See Restatement.

instrument in writing. paper. (Conn. Every attorney who either directly or indirectly buys or is interested in buying any evidence of debt or thing in action with intent to bring suit thereon is guilty of a misdemeanor. })]. that the defendant appeared as an attorney in the action.2d 936 (1980). proceeding or inquiry whatever. 18 USC 1961 & 1962. Where the judgment is void on the face of the record. § 554. 334. 96 Hawaii 32. or other matter or thing. Crimes and Punishments. Rptr. Candlewood Shores Estates. 371. Inc. order repair of all damages caused by the void judgment. App. 201 Conn. “Attorney Buying Evidence of Debt-Misleading Court.U. 3d 845.S.promissory note. SHALL BE GUILTY OF A FELONY. })] authorized by law. the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger. Godbole. with intent to produce it. 614 P. [({ record.1 (1986). Chapter 19. See Pacific Concrete F.2000). Inc. or allow it to be produced as genuine upon any [({ trial.2d 1218. Third proposition: Oklahoma courts lack judicial power to review a void judgment. See O. 163 Ill. Any attorney who in any proceeding before any court of a justice of the peace or police judge or other inferior court in which he appears as attorney. Kauanoe. v. 513 A. Section 453. GE Capital Hawaii. Fooks v. Oklahoma courts have a non-discretionary duty to vacate the void judgment. and Town of Brookfield v. and duty to remand those who have committed criminal acts to other authority for considered prosecution.” Any person guilty of falsely preparing any book. V. See also Solon v. See also. .146 - . (Hawaii App 2001). 62 Haw. willfully misstates any proposition or seeks to mislead the court in any matter of law is guilty of a misdemeanor and on any trial therefore the state shall only be held to prove to the court that the cause was pending.3d 807. Super. L. Chapter 13. See Oklahoma Statutes Title 21.C. If the defense be that the act was not willful the burden shall be on the defendant to prove that he did not know that there was error in his statement of law. 114 Il. Title 21. Yonenaka 25 P. and showing what the legal statement was. wherein it is not the law. Norwich Housing Authority 28 Conn.

Chavez v. App. (1st Cir. of Edn.2d 516 (1990). 517. FEDERAL PRACTICE AND PROCEDURE.N. 30 F. of Revision (2000). 790. 62 Wash.App. 22 F. 180-81.E.Y. See also.When rule providing for relief from void judgments is applicable. Supp.2d at 1045. Vernham Corp. 59 Wash. including judges enforce a judgment the record shows is void. Selective Serv. 190 Colo.W. Wright & Miller.2d 230. 571 N. 749 P. 177. v. all actors are trespassers on the law. Brickum Inv. 450. Batista.2d 1154 (1974). Kitsap County. Lubben v. 790 P.M.3d 1042. Co. 906 S. 783. 1998). 649. 635. 69363 (Ohio App. that the court had jurisdiction: where parties. see Allied Fidelity Ins. Small v. 545 P.. at 478.S. 176 U. 409. Packer. Leen. but is mandatory. Thomas. Hamilton Cty. 87 Ohio St.C. 205.Good v."). App. App. Finesilver.2d 533 (1987). For other authorities concurring. v.3d 68 Roller v. In re Marriage of Brighterowski. 136 F. 212 Ill.3d 1000. v. 731 P. App. 521 P. 57 Wash. (1973) . 520. 1994). 1998). relief is not discretionary matter. Diemer (1988). Fenner. In re: Bd. Orner v.E. 174 N. 1991) ("the burden of proving jurisdiction rests upon the party asserting it. Shalala. 46 Wash. 1972). Fourth proposition: When the court’s jurisdiction is challenged. it becomes the duty and the burden of the party claiming that the court has subject matter jurisdiction to provide evidence from the record of the case that the court holds subject-matter jurisdiction. Until the . In re: Thomas.2d 754 (1988). Love v. 27. 368. Ruth.D.2d 645. Cleveland Electric Illuminating Company v. 449. See also 18 USC 4. (Colo. No. 906 S. In re: Weaver Constr. 398. 1005 (5th Cir. No. 797 P.147 - . Bd.. 453 F. Bindell v City of Harvey. Carter v.3d 363. App. County of Valencia. 94 S.Civil § 2862. Cincinnati School Dist. 50 Wash. Holly. 86 N. Co. 633. it is incumbent on the party asserting that the court had jurisdiction to show.2d at 262 (holding that trial court has not only power but duty to vacate a void judgment). Sys. on the record.2d 1017 (1st Dist.2d 206 (1990).3d 1307. Patton v. 35 Ohio St. Local Bd. Dist. at 232. 231 (S.8 04/25/1996). Whenever a party denies that the court has subject-matter jurisdiction. 665.W.2d at 262.

This distinction runs through all the cases on the subject. the court has acted against the law.. 783 (1983) (a judge "lacks jurisdiction in a particular case until it has been demonstrated that jurisdiction over the subject matter exists") (when a judge acts "outside the limits of his jurisdiction. 57 Ill. and all persons concerned in executing such judgments or sentences.plaintiff submits uncontroversial evidence of subject-matter jurisdiction to the court that the court has subject-matter jurisdiction. 522 N. that the jurisdiction of any court exercising authority over a subject. Inc. or license. and form no bar to a recovery sought.3d 558. "). 1 Pet. lawful authority.E. Should the judge not have subject-matter jurisdiction. In re TIP-PA-HANS enterprises.App. 27 B. and the judge has immediately lost subject-matter jurisdiction. 700 S. Mendoza v City of Corpus Christi. Inc. pleasure or convenience. or express or implied invitation. but is also a trespasser of the law. 6th Edition. 340. when the proceedings of the former are relied on and ought before the latter. 328. are trespassers. the burden of establishing it rests upon the plaintiff. its judgments and orders are regarded as nullities.. or execute his process. They are not voidable. the whole proceeding is coram non judice . Elliott v Peirsol.al. but merely for his own purpose. by the party claiming the benefit of such proceedings."One who enters upon property of another without any right. may be inquired into in every court. permission.W.. .").."). The law places the duty and burden of subject-matter jurisdiction upon the plaintiff.. Tex. 780.it had no .2d 841(1988)("Where jurisdiction is contested. and it proves. v Johnson.. They constitute no justification. the court is proceeding without subject-matter jurisdiction. even prior to a reversal in opposition to them. as trespassers. 328. in law. Von Kettler et.. then he and those who advise and act with him. 26 U." Black's Law Dictionary.. Trespasser . 654. App. Should the court attempt to place the burden upon the defendant. 168 Ill. he becomes a trespasser .148 - . its finding that it had the power can add nothing to its authority. Loos v American Energy Savers. 340 (1828) ("without authority. 109 (1870) ("if the magistrate has not such jurisdiction.) (" . not in performance of any duties to owner. The Illinois Supreme Court held that if a court "could not hear the matter upon the jurisdictional paper presented. ".").2d 652.R.. but simply void. then the law states that the judge has not only violated the law. page 1504. are considered. violates the defendant's due process rights.S. courts have held that where courts of special or limited jurisdiction exceed their rightful powers. 13 Dist.

209 F. this court’s non-discretionary duty is to vacate the void judgment. Conclusion Whereas this court has actual knowledge.. and remand all culpable actors to other authority for considered prosecution. 472.S. and are engaged in treason.authority to make that finding. Brewer. in Scheuer v. 483 (1928)." When a judge acts as a trespasser of the law. that like the court below. remand CS-2002-116 with instruction to the Caddo County court to repair Diane Summers. . it is not a judicial function for a judge to commit an intentional tort even though the tort occurs in the courthouse. The Court in Yates v. but as a private individual (in his person). they become trespassers of the law. this court and all courts lack judicial discretion to review a void judgment. Rhodes. The U. The judge then acts not as a judge. 1962) held that "not every action by a judge is in exercise of his judicial function. of no legal force or effect. a judge is a state officer. Supp. Village of Hoffman Estates. 1683. 94 S.D. and whereas this court has actual knowledge that the record made in the court below verifies that the judgment in Caddo County case number CS-2002-116 is facially void. or they enforce a void order (an order issued by a judge without jurisdiction).S. 128 Ill. 757 (N. Prepared and submitted by: ______________________________________ Diane Summers . the judge loses subject-matter jurisdiction and the judges' orders are void. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States." By law. 232. and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct." The People v. when a judge does not follow the law. he "comes into conflict with the superior authority of that Constitution. When judges act when they do not have jurisdiction to act. Supreme Court. Ill. Illinois.Ct. 416 U.. 1687 (1974) stated that "when a state officer acts under a state law in a manner voilative of the Federal constitution.149 - .

Vs. King. William D.O.2222 Dane County Case number 03-CV000 Appeal from order granting summary judgment Dane County Circuit Court. 2003 to: Love. Appellant’s opening brief Appeal number 03 . Branch 13 Michael Nowakowski. presiding . Defendant-appellant. Box 32738 Oklahoma City.CERTIFICATE OF MAILING I hereby certify that I mailed a true and correct copy of appellant’s opening brief on the _____ day of November. Oklahoma 73123 ___________________________ Diane Summers STATE OF WISCONSIN COURT OF APPEALS DISTRICT IV People’s Bank Plaintiff-respondent. Beal & Nixon P.150 - .

4 4-9 9 10 11 .151 - .William King South Ct. McFarland.3 3 3.2 2 2. Wisconsin 55555 (608)658-4444 December 29th 2003 Table of Contents Table of cases Statement of the issues presented for review Statement regarding oral argument Statement regarding whether the decision should Be published Statement of the case Argument Conclusion and remedy sought Certificate of mailing Certificate of compliance Table of cases 1.

Corp.2d 1228 (9th Cir 1977) Pacific Concrete F.) (7) (8) Matter of Staff Mortg.D.3d 859 (8th Cir. 1.Ct.C. 96 Hawaii 32. Abco Homes. Shalleck 256 N. v. 890. 389 (Bkrtcy. 291.15 USC 1692g 15 USC 1692g(a)(3) 15 USC 1692G(b) American Red Cross v. Dec. 165 B. No.2d 936 (1980) Solon v.. (9) (5th Cir. 07/25/2001) Carnegie Bank v. 334. V.N. Div 1992) (5) (5) (5) (8) (7) GE Capital Hawaii. Community Blood Center of the Ozarks. (Hawaii App 2001) (9) George W. Whether the circuit court has discretion to forward in a case where the record of the case shows lack of jurisdiction? . Ltd.1994) In Re: SMS Financial LLc. Super 23 (App. Darlene Jenkins. 550 (8) (5) Statement of the issues (submitted: it is not at issue whether a summary judgment is inappropriate where the plaintiff enters no facts on the record in support of their claim – that summary judgment is inherently void where the plaintiff’s totally insufficient pleadings pose only conclusory and theoretical matters absent any facts is not in controversy).J.S. Yonenaka 25 P. App. v. 114 Ill. & Inv. Godbole.152 - .2d 1045 (3Dist. 1489 In Re Investors & Lenders. 115 S. 614 P.R. 163 Ill.J. 3d 845. E. 514 U.U. Heintz v. Inc. 257 F. 516 N.98-50117 (02/18/99) F. Inc. 1987) (9) 62 Haw.3d 807. Kauanoe.

153 - . 4. As no transcript of any hearing was made and the resolve of those jurisdictional failings posited by William King must rest on the record made or the total lack thereof. Whether violation Act of the the Fair alleged Debt Collections of due Practices deprives debtor process rights depriving the court of subject matter jurisdiction? 3. Statement regarding whether the decision should be published In interest subjected as much as sham as rulings of compelling public are that such to whether legal Wisconsin process for residents reason “judgments” are being rendered against parties without .2. Whether Whether a a summary summary judgment judgment is is void void where where party party fails to prove standing? fails to prove up claim? Statement regarding oral argument This court is noticed: In the court below the oral argument was between appellant and judge in the judge’s office – not in open court. oral argument would not likely benefit this tribunal in its determinations.

It for is People’s from this Bank and against of William D.154 - . the should be in publication. which The court only below disregarded and the record contained hypothetical theoretical conclusions and no fact whatsoever and entered summary judgment King. without prior notice required under the Fair Debt Collections Practices Act. King had a contract with People’s Bank. miscarriage justice that William D. King had damaged People’s Bank in any way. King and allegedly obtained a summary judgment.any evidentiary of support whatsoever decision – of merely this the court warrants attorneys. alleging indebtedness. The court below had nothing to rely on to know that People’s Bank has standing to sue in Wisconsin court’s or that People’s Bank’s charter authorizes People’s Bank to enter into consumer debt contracts. King appeals. Argument . This court is noticed: People’s Bank did not show that William D. sued consumer William D. People’s Bank did not show that William D. Statement of the case People’s Bank.

depositions. Darlene Jenkins. Third party debt collectors includes lawyers and law firms who are attempting to collect any alleged. 115 S. George W. or interrogatories. 1692g(a)(3).08 requires showing of evidentiary facts.S. the court is without factual basis to rule judicially for the plaintiff. admissions. 15 USC 1692g. Wisconsin summary judgment statute § 802.155 - . 514 U.” The dunning letter must inform the alleged debtor that the collector is attempting to collect a debt and inform the alleged debtor that they have thirty (30) days to dispute the debt. 291. 1489. Violation of the Fair Debt Collections Practices Act deprives the alleged debtor of due process rights depriving the court of subject matter jurisdiction. When a third party debt collector contacts an alleged debtor. The Act applies to third party debt collectors.The circuit court lacks discretion to proceed where the record shows matters before the court do not rise to a justiciable controversy. Heintz v.Ct. Where there are no affidavits. or the collector five must (5) in days the first communication within thereafter furnish the alleged debtor with a “dunning letter. .

the failure to have proper venue means the judgment is void. the creditor violated the WCA and must suffer the consequences of its wrongful repossession This and court prohibited is noticed: for debt the collection court below practices. there is no need for a trial in any of the three instances. 15 USC 1692G(b). As a matter of law. A summary judgment is void where party fails to prove standing. failed to require counsel People’s Bank to show that the Fair Debt Collections Practices Act and the WCA had been complied with. Moreover. Failure to notice the alleged failure to debtor of their due process rights or cease collection activity until timely validation voids any legal proceedings. Void judgments can always be challenged. Debt collection activity must cease if the debt is disputed. Therefore. As a matter of law. To have standing.156 - .The alleged debtor has thirty (30) days to dispute the debt requiring the collectors to furnish validation of the debt. a creditor violating the WCA consequences of its wrongful must suffer the repossession and prohibited debt collection practices. The WCA plainly treats venue as a jurisdictional issue. party suing in .

as the case may be. by possession original promissory note. (2) that the party sued signed the note.J. “When the underlying mortgage . It would seem that the mortgagor would normally have a Common law right to demand production or surrender of and mortgage. “. the bond or note Carnegie Bank v. Super 23 (App. then there is no note. To recover on a promissory note. Shalleck 256 N.157 - . Div 1992).). v.. and (4) that a certain balance is due and owing on the note. (3) that the plaintiff is the owner or holder of the note. No. page 566. and no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon. Must prove damages by appearance of a competent fact witness: Where the complaining party cannot prove the existence of the note. Abco Homes. emphatically states. and (2). Inc. the plaintiff must prove: (1) the existence of the note in question. the Appellate Division held. Chapter 10 Section 123. See In Re: SMS Financial LLc. debt must produce party the the original Prove Complaining of must (1).98-50117 February 18. 1999 (5th Circuit Court of Appeals... Volume 29 of the New Jersey Practice Series.foreclosure promissory standing of note.

prove that the party sued signed the alleged note.” Bankruptcy Courts have followed the Uniform Commercial Code. See Matter of Staff Mortg. 550 F.is evidenced by an instrument meeting the criteria for negotiability. & Inv.158 - .. 165 B..N.1994). Since no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course.. Ltd.2d 1228 (9th Cir 1977).J. and prove that certain balance is due and owing on any alleged note. Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question.” Unequivocally the Court’s . prove that the plaintiff is the owner and holder of the alleged note. the only notice sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party.D. 389 (Bkrtcy.R. Corp.” security interest in which must be perfected by possession . In Re Investors & Lenders. his agent or bailee. “Under the Uniform Commercial Code. “Under the New Jersey Uniform Commercial Code (NJUCC). promissory note is “instrument.

32. Inc. 07/25/2001).U. V. Yonenaka 807.2d 1218. See Pacific Concrete F. 371. possession is mandatory. v. ledger must and of damages.2d 936 25 (1980).rule is that in order to prove the “instrument”. This court is noticed: the record in the court below does not show that People’s Bank had standing in the underlying case. 163 Ill. 614 P. 201 Conn. Kauanoe. App Hawaii. Summary judgment is void where party fails to prove up claim. P. . Norwich Housing Authority 28 Conn. Fooks v. Claim as evidence. 513 A. (Hawaii 2001).159 - . (Conn.1 (1986).3d GE 96 Capital Hawaii 62 Haw. 257 F. Super. to be admissible records of an such as a incorporate accounting general alleged unpaid promissory note. Inc.2000). and Town of Brookfield v. Rptr. the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by the person who maintained the ledger. Candlewood Shores Estates. Prevailing party in civil action must damages. see American Red Cross v. 334.C. L. Godbole. See also Solon v. For example. Community Blood Center of the Ozarks.3d 859 (8th Cir.

E. Prepared and submitted by: ______________________ William D.160 - . requires vacating the lower court’s order of summary judgment and remand to the court below with instruction to repair William D.App. Conclusion and remedy sought Determination by this court that the record in the court below does not verify compliance with consumer debtor law. I further certify that the brief was correctly addressed and postage was prepaid. 516 N. 114 Ill. King. Certificate of Mailing I certify that this brief was deposited in the United States mail for delivery to the Clerk to the Court of Appeals by first-class mail. Dec. and does not verify damages in the form of verified sums due and owing People’s Bank. 890. _________ _____________________ . 1987). King. does not verify standing on the part of People’s Bank. 3d 845.2d 1045 (3Dist.

19(8)(b) and (c) for a brief produced using the following font: Mono-spaced spaced. King And after they file an aswer brief. Direct Merchants Credit Card Bank appellee On appeal from the lower court’s refusal to vacate a void judgment Caddo County. you file a reply brief No.5 font: inch 10 characters on left per side inch. Oklahoma District Court Number CS-2002-0000 . Form and Length Certification I certify that this brief conforms to the rules contained in Wis. 1. Vs. Stat. Section (Rule) 809. ____________ date ________________________ William D. and double 1 inch margin margins on the other 3 sides. DF-99999 IN THE SUPREME COURT OF THE STATE OF OKLAHOMA Diane Sommers Appellant. The length of this brief is 10 pages. King.161 - .date William D.

3d 1000. . . . . 46 Wash. . 790. . Vernham Corp.2d 206 (1990) Carter v. O.5 Reply to William L. . . .Appellants’ reply brief Diane Sommers P. App. . 517. Co. . v. Reply to William L. 790 P. 1005 (5th Cir. . . 57 Wash. 136 F. .2d 533 (1987) . Nixon’s “ARGUMENT AND AUTHORITIES” Conclusion . 3 3 3 Brickum Inv. Nixon’s “SUMMARY OF THE RECORD” . Fenner. 1998) .162 - . . Reply to William L. . 2 3 3 . App. Box 549 Indian City. 783.’s “INTRODUCTION”. Jr. . Co. Nixon. Ruth. 4 4. 520. . . .. v. 731 P. . Oklahoma 730050 No phone number at this time January 28th 2004 Table of contents Table of authorities . Table of authorities Allied Fidelity Ins.

In re: Bd. No. In re: Weaver Constr. Dist. . of Revision (2000). (1st Cir.W. . 790 P. When rule providing for relief from void judgments is applicable. 03/19/1974) . 176 U. . v. No. .S.W. . 59 Wash.2d 230 231 (S. . App. 906 S.’s “INTRODUCTION” William L. Batista. . 1994) Patton v.2d 662. .8 04/25/1996) 3 High v. Shalala. but is mandatory. .3d 1307. 665. . 3 Wright & Miller.3d 68 .3d 1307. App. 368 Lubben v.. Finesilver. . . 57 Wash.N. (Colo. Jr. . 1994). (Colo. .. . . . Selective Serv. Ruth.D. 449. . . 30 F. .Civil § 2862 3 Reply to William L. Local Bd. Shalala.2d 645. of Edn. .3d 363.2d at 262 . 190 Colo. Nixon’s so-called introduction verifies that Mr. See also.2d at 1045 . . the court is deprived of judicial discretion. Supp. 1974 OK 35 (Okla.Y. 3 . . 453 F. 1998) . v.Where party challenges the jurisdiction of the court. 87 Ohio St. . .2d 206 (1990). 1972) Mitchell v. 87 Ohio St. 545 P. . . 30 F. 521 P. 749 P. FEDERAL PRACTICE AND PROCEDURE. Thomas. . County of Valencia. relief is not discretionary matter. 35 Ohio St.C. Roller v. . 50 Wash. . at 232. 906 S. .3 3 3 3 3 In re Marriage of Markowski. 450 Orner v. Southwestern Insurance Company.M.Chavez v. Packer. 790. For other authorities concurring. . 177. 86 N. .E. 409 Small v. Nixon. Carter . 94 S. Kitsap County. 22 F.3d 363. Holly. . 174 N. 368. . 398. see Allied Fidelity Ins. 180-81. Nixon expects this Court to proceed extra-legally. .2d 516 (1990) Moore v.2d at 262 (holding that trial court has not only power but duty to vacate a void judgment). .163 - . App. Hamilton Cty. Orner v. The standard of review when court denies a motion to vacate is GROSS abuse of discretion . 797 P. Diemer (1988). Co. 3 Cincinnati School Dist. Bd. . Cleveland Electric Illuminating Company v. . 635. In re:Bd. 205. Sys.2d 1154 (1974) . 3 . 69363 (Ohio App. . of Revision (2000). . .2d 754 (1988) In re: Thomas. . . 4 3 3 3 . 27. . . 520 P. 649. . . 633. 783. (1973) .

180-81. at 478. County of Valencia. The record reveals that Diane Sommers relied on 12. in Nixon’s article 5 of Nixon’s summary of the record. In re: Weaver Constr. Finesilver.2d 516 (1990). 35 Ohio St. 177. Sys. O.Mitchell v. S. (1st Cir. Nixon’s “ARGUMENT AND AUTHORITIES” Nixon attempts to trick.S.. falsely alleges that a motion for summary judgment requires leave of the court. 1998). 136 F.164 - . Packer. App.. Dist. 453 F. 22 F. v. Brickum Inv. Cincinnati School Dist. Diemer (1988). Co. Bd. Local Bd. 450. 50 Wash. Nixon. 633.2d at 262.2d 645. 797 P. 174 N.2d at 1045. Hamilton Cty. at 232.Y. App. Reply to William L. 46 Wash. 59 Wash. deceive and mislead this court with the lie that Diane Sommers did not state the proper Statutory authority for the vacation of the Default Judgment. Wright & Miller. FEDERAL PRACTICE AND PROCEDURE. 86 N.8 04/25/1996).D. This court is noticed: Diane Sommers established that Direct Merchants Credit Card Bank lacks . 398.Civil § 2862. 665. In re Marriage of Markowski. Section 1038 – lack of subject matter jurisdiction and correctly pled that Nixon had circumvented local rules for district courts in applying for a default judgment (which in actuality was backdated to avoid having to answer on the motion for summary judgment). 409. Chavez v. App. This court is noticed: Nixon has not denied purchasing evidence under penalty of perjury. On Simplest of terms. 27. Batista. Patton v. 906 S.W. In re: Thomas. Supp.2d 533 (1987).v.3d 1000. 517. 649. 635. v. 1972). 731 P. 449. No.2d 230.C. Nixon’s “SUMMARY OF THE RECORD” William L. Selective Serv. Nixon also feigns insult by claiming that Nixon’s firm is falsely accused of purchasing the debt. App. Fenner. Kitsap County. No. Vernham Corp. 520. 205. Cleveland Electric Illuminating Company v. Leen.M.3d 68 Roller v. Reply to William L. John E. Lubben v. Herndon had no discretion to abuse. 1005 (5th Cir. (1973) . of Edn. 69363 (Ohio App. 231 (S. 190 Colo. Small v.N. This court has knowledge: no judge has discretion when it comes to vacating a void judgment. 545 P. Moore v. 176 U. 749 P.2d 754 (1988).2d 1154 (1974).E. Holly. 94 S. 62 Wash. 1998). 521 P.

that Direct Merchants Credit Card Bank lacked standing to sue Diane Sommers.” See High v. in the court below. Being worthless. 520 P. Herdon. By it no rights are divested. Nixon was not responsive to any of these . 1974 OK 35 (Okla. Beal. are absolutely void. The court was undeniably deprived of subject matter jurisdiction for reason that the court conscienced the violation of Diane Sommers’s due process rights. challenged whether the court below was deprived of subject matter jurisdiction for reason that Diane Sommers was deprived of due process right to be noticed on a motion for judgment by default as required by the Oklahoma Court Rules For Local Courts." Conclusion Whereas this court shall notice: Diane Sommers. All acts performed under it. and whether Love. Southwestern Insurance Company. A void judgment neither binds nor bars anyone. no judgment at all. Diane Sommers also challenged whether Direct Merchants Credit Card Bank had standing to sue in Oklahoma Courts. Beal & Nixon had authority to act for Direct Merchants Credit Card Bank. and Nixon did not have delegated authority to represent Direct Merchants Credit Card Bank. had the burden of showing on the record that Nixon had respected Diane Sommers’s due process rights by noticing Diane Sommers on the motion for default. whether the record contained any evidence whatsoever that Diane Sommers had damaged Direct Merchants Credit Card Bank. and have no effect whatever upon the parties or matters in question. 03/19/1974) wherein the Oklahoma appellate court ruled that a void judgment is. All of these jurisdictional failings spell “VOID JUDGMENT” and Nixon taking money in respect of the void judgment spells “SWINDLE. Not only does Nixon not have a clue of what is meant by “jurisdictional challenge.2d 662. from it no rights can be obtained. all proceedings founded upon it are necessarily equally worthless.165 - . and that Love. The parties attempting to enforce it are trespassers.standing to sue in Oklahoma Courts. whether Direct Merchants Credit Card Bank had standing to sue Diane Sommers by reason of actual possession of the debt instrument. Nixon.” Nixon failed to show that the record verified the notice. As Diane Sommers has illustrated supra. not John E. in legal effect. in itself. and all claims flowing out of it. that Diane Sommers had not damaged Direct Merchants Credit Card Bank.

non-judicial duty to vacate the void judgment. SN SERVICING CORPORATION. ) ) ) ) ) ) Number ___________________ ) ) ) ) ) ) ) ) . And Joseph W.challenges and the court. 2004 to: Love. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF WISCONSIN Joyce H.166 - . NATIONS CREDIT HOME EQUITY SERVICES CORPORATION. Beal & Nixon P. an individual And Maryann Sumi. Rhino. Rhino. an individual. Defendants. breached non-discretionary. Box 32738 Oklahoma City. McCollister. Oklahoma 73123 __________________________________ Diane Sommers What if you don’t win on appeal? Sue in federal court. Plaintiffs. Herndon. v. Jonathan D. John E.O. Prepared and submitted by: ______________________________________ Diane Sommers CERTIFICATE OF MAILING I hereby certify that I mailed a true and correct copy of appellant’s opening brief on the _____ day of January.

2d 1543. 1968)). 732 (4th Cir. 1547 (11th Cir. and thus. Draper (In re. specifically applying to the color of law actions of Jonathan D. Denied. Lake). Jonathan D. 3d 728. 433. 1997). Rhino and Joseph W. Co.Joyce H. 202 B. There are exceptions to the Rooker/Fedlman doctrine when the state court judgment was procured through fraud.A. 1079 (9th Cir. Rhino of Federally Protected Rights reserved under The Fifth Amendment of The United States Constitution. 189(6th Cir.167 - .2d 186. are void ab intio. Rhino and Joseph W. 202 F. James v. v. North Carolina 397 F. A state court judgment is subject to collateral attack if the state court lacked jurisdiction over the subject matter or the parties.P. 104 S. 308 U.R. Rhino’s petition. 801 F. 754. See Kalb v. 81 L. 2398. Detroit Marine Terminals. 1230 (7th Cir. 1983). Orange County.S. its orders would be void ab initio and subject to attack notwithstanding Rooker/Feldman. v. deception. SN SERVICING CORPORATION & NATIONS CREDIT HOME EQUITY SERVICES CORPORATION. 715 F. 1985)(quoting Resolute Ins. Young v. 589 (4th Cir. Fuerstein. complaint. 1996). or mistake Sun Valley Foods Co. . 1210. McCollister conspired with state actor Maryann Sumi under color of law to deprive Joyce H. See Plyer v.2d 586. and claim under authority of 42 USC 1983 Jurisdictional statement This court has subject matter jurisdiction to consider this claim. 438-40 (1940). Rooker/Feldman will not apply when the party had no reasonable opportunity to raise his federal claim in state proceedings.3d 1074.3d 1225. Wood v. 467 U. If the state court did not have subject matter jurisdiction over the prior action.S. 2d 355 (1984). 758 (B. accident. or the judgment was procured through extrinsic fraud. the Rooker/Feldman doctrine is inapplicable. Ct. Exception to the Rooker/Feldman rule comes into play when the state proceedings are considered a legal nullity. 129 F. 90 F. by and through. Where specific federal statue (such as 18 USC 1964(a)) specifically authorizes review. Murphy. Ed. 1992). cert. Love. Although this claim tenders for review of a state court judgment. 9th Cir. 2000). and In re: Gruntz. this court is noticed: the state court judgment is void as articulated infra. Inc.

. tell why the judgment is void – lack of personal jurisdiction.168 - . 07/25/2001). Community Blood Center of the Ozarks. McCollister practiced intrinsic fraud by falsely claiming that SN SERVICING CORPORATION had a claim against the Rhinos. the Rhinos have damages in fact exceeding two hundred eighty-nine thousand. 146 P. Sumi compounded the fraud by claiming all the material allegations of SN SERVICING CORPORATION’s complaint were proven and true. damages must be proved Even with a default judgment. (in this area. Tube City Mining & Milling Co.McCollister and Maryann Sumi under authority of The Fourteenth Amendment of The United States Constitution. Rhino of property without due process of law. Rhino and Joseph W. 305. 300 P. Round Valley Bank 38 Ariz. either of the subject matter or the parties. For example. DAMAGES MUST BE PROVED BY EVIDENCE ENTERED ON THE RECORD. failure to notice under the fair debt collections practices act when domesticating judgment0 Memorandum of law in support of the point of law that even in a default judgment. Dane County. see American Red Cross v. 411. Memorandum of law in support of the point of law that a void judgment cannot operate Void judgments are those rendered by a court which lacked jurisdiction. 955 (1931). 257 F.3d 859 (8th Cir. Rhino. As a result of the damage to the rights of Joyce H. v. Otterson. six hundred twenty-one dollars. 203 (1914). does not verify: That SN SERVICING CORPORATION had standing to bring suit against the Rhinos and SN SERVICING CORPORATION did not prove damages by the Rhinos. The record made in case number 02-CV-3461. Rhino and Joseph W. 16 Ariz. CAUSE OF ACTION: McCollister and Maryann Sumi conspired to deprive and did deprive Joyce H. Wahl v.

Morgan. A void judgment is a simulated judgment devoid of any potency because of jurisdictional defects only. Johns. without legal efficacy. 1985). was. Proc. 480 So. the subject . from its inception. 311 U. from its inception. Lubben v. A void judgment is one which. Void judgment which is subject to collateral attack.Ct. Rules Civ. 1980). Const.R. App. 27. Fla. A void judgment which includes judgment entered by a court which lacks jurisdiction over the parties or the subject matter. Fed.R.Supp.2d 645. Civ. Rule 60(b)(4). 1951).S.S. Director. Void judgment is one that. Meyer. 234 P. provided that the party is properly before the court.S.Ed. or of the parties.App. U.A. is complete nullity and without legal effect. 382 (S. of Public Safety. can be attacked at any time. 803 F.D.A.A. 339.Y.D.3d 548 ( C. either directly or collaterally. 1985).S. 109 F. in any court. 457. Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter. Rubin v.D. 2 Dist. 28 U. Dept. 456 (M. A judgment shown by evidence to be invalid for want of jurisdiction is a void judgment or at all events has all attributes of a void judgment.Supp. Holstein v.C. 1999). A void judgment is one which. 298 (C. 147.C. 5 – Klugh v.D. from its inception.L.3d 1145 (N. Selevtive Service System Local Bd. is and forever continues to be absolutely null. U. or lacks inherent power to enter the particular judgment. McNell 110 F. or an order procured by fraud. City of Chicago. or acted in a manner inconsistent with due process. Const. 453 F. No. Ill 1992).D. U. 205.169 - . Terriere. v..S. of no legal force and effect whatever. reconsideration denied 149 F. from its inception.. 14 A. 85 L.A.R.C. is simulated judgment devoid of any potency because of jurisdictional defects. 892 (D. Office of Personnel Management. 182 F.R.S. 2d 577 (Ala.D.2d 319 (Cal. Virgin Islands 1985). was a complete nullity and without legal effect. A void judgment is one which.Supp. 1972).S. 5 – Triad Energy Corp. 1 Mass.and Milliken v. 174 (D. 485 F.N. affirmed 29 F.A. Void judgment is one where court lacked personal or subject matter jurisdiction or entry of order violated due process. Ward v. Hobbs v. 1986).C. Shorebank Development Corp. Long v. 7 Ill. City of Los Angeles v. 620 F. A void judgment is one which from the beginning was complete nullity and without any legal effect. Fed. 2d 278 (1940). Amend. was a complete nullity and without legal effect. Amend. and incapable of enforcement in any manner or to any degree – Loyd v.. U. in the court rendering it and defect of jurisdiction may relate to a party or parties. 1963).. 61 S. ineffectual to bind the parties or to support a right.2d 352 (Colo. 386 P.

926. either directly or collaterally People v. App.A. either directly or collaterally. Estate of Stavos. Void judgment is one entered by court without jurisdiction of parties or subject matter or that lacks inherent power to make or enter particular order involved. App. Sales. App. 2d 1114. 630 N. Wade.E. 551 N.2D 1383 (Ill. the question to be determined. A void judgment has no effect whatsoever and is incapable of confirmation or ratification. from its inception. App. v. or relief to be granted.e. 1958). 330 P.E. 2d 509 (Ill. 4 Dist. 1987). 5 Dist. 3 L. 5. Res judicata consequences will not be applied to a void judgment which is one which. the cause of action.E.Ed. Void judgment is one that from its inception is a complete nullity and without legal effect Stidham V. 609 N. and transfer denied (Ind.. 1993). City and County of Denver. 359 U. Void judgment is one rendered by court which lacked personal or subject matter jurisdiction or acted in . Davidson Chevrolet. E. Lucas v. Void judgment is one which. Inc. Void judgment is one entered by court without jurisdiction of parties or subject matter or that lacks inherent power to make or enter particular order involved and such a judgment may be attacked at any time. 5 Dist. Whelchel. Void judgment under federal law is one in which rendering court lacked subject matter jurisdiction over dispute or jurisdiction over parties. 1993). 698 N. certiorari denied 79 S. rehearing denied. 1994). Amed.E. 609.170 - . and it may be attacked at any time. 2 Dist. 506 N. 452 n.2d 907. 1991). 1990). People v. either directly or collaterally. Const. Rolland 581 N. 1993). 625 N. 1 Dist. Void judgment may be defined as one in which rendering court lacked subject matter jurisdiction. lacked personal jurisdiction or acted in manner inconsistent with due process of law Eckel v.App.Ct. is a complete nullity and without legal effect. Louisiana Dock Co. Relief form void judgment is available when trial court lacked either personal or subject matter jurisdiction. 628 N. or acted in manner inconsistent with due process of law or otherwise acted unconstitutionally in entering judgment. 2d 629 (Colo. 2d 458 (Ind.2d 1116.C. Hays v. 2d 392 (Ill.2d 1359 (Ill.E. Dusenberry v.2d 1152 (Ind. Dist. 2d 741 (Ill.W. U.S. 1982).App.E. such judgment may be attacked at any time. (Ill.matter. Allcock v. such a judgment would be a nullity People v. Void judgment is one entered by court that lacks the inherent power to make or enter the particular order involved.S.E. Allcock 437 N. 1 dist. 1998). from its inception is complete nullity and without legal effect In re Marriage of Parks. Dusenberry.App.2d 954 (Ill. MacNeal.App. 1983). 3 Dist.

A void judgment is one which has a mere semblance. Miller. 1990).2d 1051 (Okl. 795 P. 81 S.3d 624 (Tenn. A void judgment is one which shows upon face of record a want of jurisdiction in court assuming to render the judgment. 354 S. subject matter generally. Henderson. 2d 502.E. 1999). Mills v. Lange v. A void judgment is one which has merely semblance. (Minn. A void judgment is one in which the judgment is facially invalid because the court lacked jurisdiction or authority to render the judgment. 1959). 9 Dist.W. State v.2d 58 ( Kan. Graff v. Amends. State ex rel.E.2d 489 (Okl. 14 Matter of Marriage of Hampshire.C. Dawson v. Void judgment is one rendered in absence of jurisdiction over subject matter or parties 310 N.2d 585 (Pa. U. A void judgment is one which shows on face of record the want of . Henderson v. 1973). 814 P.W. Capital Federal Savings Bank v. 1950). Blankenship 675 N. (Kan.C. Kelly. Richie.W. 1962). 204 N.2d 279. 244 S.W. certiorari denied. Const. 59 S. Richardson. 2d 763. 983 P. Brown.2d 205 (Minn. 2d 409. 1981). App. 2d 168 (Tenn. A void judgment is one rendered by a court which lacked personal or subject matter jurisdiction or acted in a manner inconsistent with due process In re Estate of Wells. 2000). Where condition of bail bond was that defendant would appear at present term of court. Johnson. (Tenn.W. 1996). without some essential element. 869 P. (N. (Ohio App. Void judgment is one entered by court without jurisdiction to enter such judgment. A void judgment is one rendered in absence of jurisdiction over subject matter or parties. Underwood v.S. Void judgment is one which shows upon face of record want of jurisdiction in court assuming to render judgment. A void judgment is one that is void on face of judgment roll. Bewley. and want of jurisdiction may be either of person. Bomar.manner inconsistent with due process. 869 P. void judgment is nullity and may be vacated at any time. 1954). but is lacking in some of the essential elements which would authorize the court to proceed to judgment.171 - . 1951). particular question to be decided or relief assumed to be given. 20 S. as when court purporting to render is has no jurisdiction.A. 5.C. (N. 2d 227. Super.2d 653 (Kan. 1991). Judgment is void if court that rendered it lacked personal or subject matter jurisdiction. Matter of Marriage of Welliver. 1994). 2d 1303. judgment forfeiting bond for defendant’s bail to appear at subsequent term was a void judgment within rule that laches does not run against a void judgment Com.E. 150 A. State v. such as may be vacated at any time is one whose invalidity appears on face of judgment roll. V. Void judgment. 1997).

Div. insofar as it purports to be pronouncement of court. Rook. Void judgment is one which has no legal force or effect whatever. Void judgments generally fall into two classifications. McVicker.app. 169 N.L.. (Tenn. (2) jurisdiction over subject matter. 2d 141 (Tex. Civ. 1964). App. Briggs.Civ. v. which want of jurisdiction may be either of the person.E.W. Good. Zikratch. 2000). that is. – Beaumont 1973). State ex rel.2d 581 (Wash.2d 154 ( Mo.2d 739 (Ariz. Decision is void on the face of the judgment roll when from four corners of that roll. Thompson v. and judgments procured through fraud. is an absolute nullity. 2d 756. its invalidity may be asserted by any person whose rights are affected at any time and at any place and it need not be attacked directly but may be attacked collaterally whenever and wherever it is interposed. 1999). 2 Dist.E. 1980). or where the order was procured by fraud. 619 P. or of the subject matter generally. 238 S. Bank & Trust. Crockett Oil Co.W. it is an absolute nullity. 1987).W. or lacking the inherent power to enter the particular order or judgment. A void judgment. Invalidity need to appear on face of judgment alone that judgment or order may be said to be intrinsically void or void on its face.jurisdiction in court assuming to render judgment. Void judgments are those rendered by court which lacked jurisdiction.App. 1 Dist. if lack of jurisdiction appears from the record.2d 218 (Tex. 510 S. judgments where there is want of jurisdiction of person or subject matter. (Va. 733 N.2d 145. or order entered by a court which lacks jurisdiction of the parties or of the subject matter. 237 S. Rook v. either of subject matter or parties. Irving v. Effie. 1960). A void judgment or order is one that is entered by a court lacking jurisdiction over the parties or the subject matter. – Waco 1951).App. Inc. or (3) jurisdictional power to pronounce particular judgment hat was rendered. City of Lufkin v. Richardson v. or which lacks the inherent power to make or enter the particular order involved. decree. A void judgment is one that has been procured by extrinsic or collateral fraud. App. App.2d 846. v. 353 S. 1950). 374 S. A void judgment is a judgment. In re Adoption of E. Cockerham v.W. it may be determined that at least one of three elements of jurisdiction was absent: (1) jurisdiction over parties.App. 2d 577. Rodriquez. (Ill. and such judgments may be attacked directly or collaterally. Turner v. 971 P. or of the particular question attempted to decided or relief assumed to be given. Thompson.172 - . or entered by court that did to have jurisdiction over subject matter or the parties.Ct. (Ill. B & C Investments. F & M Nat.E. 903 .

W. 1994). 809. 354 Mich. App. 644 N.D. certiorari denied. 1994).E.S. People ex rel. SUPREME COURT OF MICHIGAN. 513 U. 11 Mich 353). review denied (Ariz. While voidable orders are readily appealable and must be attacked directly. in any court. Arizona courts give great weight to federal courts’ interpretations of Federal Rule of Civil Procedure governing motion for relief from judgment in interpreting identical text of Arizona Rule of Civil Procedure. grounds no rights. 1995). provided that party is properly before court. and is vulnerable to any manner of collateral attack (thus here. Void order which is one entered by court which lacks jurisdiction over parties or subject matter. Brzica v. 852 P.2d 339 (Okla. 278.D.3d 1307. When rule providing for relief from void judgments is applicable. or lacks inherent power to enter judgment.W.App. 1998). Blanchard. at any time. and years later.2d 604. Hunt. any disgruntled litigant may reopen the old wound and once more probe its depths.On certiorari this Court may not review questions of fact. And it is then as though trial and adjudication had never been. 10/13/58 FRITTS v. either directly or collaterally.App. Void order may be attacked. Shalala. the matters thought to be settled thereby are not res judicata. v. but is mandatory. (Ill. (Tex.2d 66 (Ill. See also Steinfeld v. People.173 - . 3. Orner v. either directly or collaterally. 16 Mich 472.2d 128. A “void judgment” as we all know. 15 Mich 443. by ).2d 801.N. Brown v. or that were otherwise entered in violation of due process of law. Judgments entered where court lacked either subject matter or personal jurisdiction. Lynch v. must be set aside.2d 173. or order procured by fraud. Div.E. 911 S. Roberts. – Corpus Christi 1995).1994. In re Estate of Steinfield. KRUGH. Estate of Page v. (Colo. forms no defense to actions taken there under. Jaffe and Asher v. 158 F. Div.R. Van Brunt. . void order may be circumvented by collateral attack or remedied by mandamus. when the memories may have grown dim and rights long been regarded as vested.Y. Litzenburg. 2 Dist. No statute of limitations or repose runs on its holdings. S. Sanchez v. Certiorari is an appropriate remedy to get rid of a void judgment. 30 F. Village of Lake Barrington. Linn v. Hester. 39 Mich 469. Hoddick. one which there is no evidence to sustain. 97. It is not at liberty to determine disputed facts (Hyde v. 630 N. relief is not discretionary matter. 1994).App. 1. nor to review the weight of the evidence. Lake Shore & Michigan Southern Railway Co. 92 N. can be attacked at any time. Nelson.P. 39 Mich 790.

In re Marriage of Brighterowski. see Allied Fidelity Ins. 35 Ohio St.W. Vernham Corp. 1005 (5th Cir.3d 68. 450. Kitsap County. but is mandatory.2d at 1045.S. Carter v.Good v. 176 U. 190 Colo. 1972). 1998). 35 Ohio St. 231 (S.Y. 136 F. Thomas. App. 59 Wash. Co. App. of Edn. 649. In re: Thomas. Supp.174 - . Cleveland Electric Illuminating Company v. Otherwise. 749 P.3d 363. 86 N. 46 Wash. 94 S. Co.3d 1307. Fenner. 797 P. 1998). Selective Serv. Patton v. 521 P. Orner v. 177. Holly.Bd. 409. Sys. Batista. Packer.W..2d 533 (1987). . at 232. v. Hamilton Cty. 545 P. 50 Wash. App. See also. No. County of Valencia. 731 P. Bd. 453 F. 520. 27. Brickum Inv. FEDERAL PRACTICE AND PROCEDURE. 69363 (Ohio App.2d 206 (1990). Wright & A. (1973) .D.8 04/25/1996). Finesilver. Dist. Love v. 633. the court is without jurisdiction.3d 1000. (1st Cir. at 478. In re: Weaver Constr. 783.2d 645. Ruth. 517. Shalala. v.2d 516 (1990). Memorandum in support of the point of law that when jurisdiction is challenged.3d 68 Roller v. 30 F. relief is not discretionary matter. 180-81. See Patton v. 635.2d 230.M.E. 906 S. 665.2d at 262.2d 754 (1988). v. No. 57 Wash. Diemer (1988). 1994).E.N. App. Diemer (1988). of Revision (2000). 368.C..2d at 262 (holding that trial court has not only power but duty to vacate a void judgment). 62 Wash. 449. Memorandum of law in support of the point of law that party seeking to vacate a void judgment is invoking the ministerial powers of the court / courts lack discretion when it comes to vacating void judgments When rule providing for relief from void judgments is applicable. 790. 205. the party claiming that the court has jurisdiction has the legal burden to prove that jurisdiction was conferred upon the court through the proper procedure.2d 1154 (1974). 906 S. App.Memorandum of law in support of the point of law that a void judgment is not void when declared void but is void ab initio If the trial court was without subject matter jurisdiction of defendant's case.Civil § 2862. (Colo. 790 P. 22 F. For other authorities concurring. 87 Ohio St. 174 N. Leen. his conviction and sentence would be void ab initio. Lubben v. Chavez v. Miller. Local Bd.2d 941. Small v. Cincinnati School Dist. 398. 518 N.

3d 1042. 1991) ("the burden of proving jurisdiction rests upon the party asserting it. Dane County."). the court has acted against the law. Should the court attempt to place the burden upon the defendant. the burden of establishing it rests upon the plaintiff.. Conclusion and remedy sought Determination by this court that Jonathan D. Bindell v City of Harvey. Dane County. violates the defendant's due process rights. Rhino Joseph W. and just. Wisconsin.E. Until the plaintiff submits uncontroversial evidence of subject-matter jurisdiction to the court that the court has subject-matter jurisdiction.E. Wisconsin as a matter of law together with whatever other damages and relief this court may find reasonable.2d 1017 (1st Dist. 212 Ill.3d 558. 571 N. both the offer of presentment of the original promissory note giving rise to the Rhinos’ obligation to SN SERVICING CORPORATION and the account and general ledger statement showing all receipts and disbursement on the alleged defaulted loan signed and dated by the auditor who prepared the account and general ledger statement requires vacation of the void judgment in case number 02-CV-3461. 522 N.App. the court is proceeding without subject-matter jurisdiction. and the judge has immediately lost subject-matter jurisdiction.2d 841(1988)("Where jurisdiction is contested. Loos v American Energy Savers.Whenever a party denies that the court has subject-matter jurisdiction. 168 Ill.").175 - . Rhino . Prepared and submitted by: ________________________________________________ Joyce H.App. McCollister cannot produce from the record made in case number 02-CV-3461. Inc. The law places the duty and burden of subject-matter jurisdiction upon the plaintiff. lawful. it becomes the duty and the burden of the party claiming that the court has subject matter jurisdiction to provide evidence from the record of the case that the court holds subject-matter jurisdiction.

NATIONS CREDIT HOME EQUITY SERVICES CORPORATION. Defendants. an individual And Maryann Sumi.176 - . Rhino. an individual. v. Jonathan D. Plaintiffs. McCollister. SN SERVICING CORPORATION. And Joseph W. ) ) ) ) ) ) Number ___________________ ) ) ) ) ) ) ) ) .File for injunctive relief too IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN Joyce H. Rhino.

Rhino and Joseph W. Rhino will suffer insult.Joyce H. Rhino and Joseph W. Rhino’s motion for a preliminary injunction Brief in support of a preliminary injunction Joyce H. Rhino's Motion for Preliminary Injunction conserves the property no matter who prevails. Rhino have lived at 1779 Norman Way in Madison. Denial of Joyce H. will suffer irreparable harm by denial of this preliminary injunction. Public interest will not be impaired by granting this preliminary injunction. Joyce H. Rhino and Joseph W. Rhino and Joseph W. Rhino and Joseph W. and assault on personhood. Joyce H. Rhino and Joseph W. Rhino to bear a greatly unbalanced harm. Rhino have no other remedy at law for protection from parties records show have conspired to deprive the Rhinos of their most fundamental rights. Rhino are likely to prevail in this instant petition. Rhino and Joseph W. Granting Joyce H. Denial of Joyce H. Joyce H. Denial of Joyce H. Rhino and Joseph W. Joyce H. Rhino will lose abode and suffer irreparable harm by denial of this preliminary injunction. The cost to the court on error later corrected to the favor of SN SERVICING CORPORATION is not as great as the cost to the Court for error later corrected to Joyce H. Wisconsin for many years. and deprivation of personhood by denial of this preliminary injunction. Joyce H. Joyce H.177 - . Rhino and Joseph W. Rhino. Rhino's harm will be loss of abode. SN SERVICING CORPORATION’S's harm would be delayed possession. Rhino’s preliminary injunction goes beyond economic injury. Rhino and Joseph W. Rhino and Joseph W. Rhino and Joseph W. Rhino's preliminary injunction will cause Joyce H. The record in the underlying case makes Joyce H. Rhino and . Rhino and Joseph W. degradation. Rhino and Joseph W. damage to reputation and character. Rhino's averments undeniable. Rhino's favor.

Joseph W. ) ) Creditor ) ____________________________________) Case No. Rhino's Motion for Preliminary Injunction directly effects the property by reducing it to a status of a bell which can't be “unrung. 02-B-444 Chapter 13 11 USC 9014 motion to contest creditor Banco Popular’s claim as falsely asserted . Rhino Can you go to bankruptcy court for protection? Yes. IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS In re: ) ) Rosalie McNamara. but remember to file a chapter 13 – download the forms from the Internet and be sure to submit a plan. ) ) Debtor ) ) ) vs. Prepared and submitted by: ________________________________________________ Joyce H. Rhino and Joseph W. Rhino Joseph W. ) ) Banco Popular.” Conclusion and remedies sought This court’s swift response to enjoin SN SERVICING CORPORATION or any agent for SN SERVICING CORPORATION from taking possession of the property in question until all of Joyce H.178 - . Rhino's claims have been litigated will serve the cause of justice. At the same time. file under authority of 11 USC 9014 – to challenge the validity of the creditor’s claims.

Jr. the person responsible for preparing and maintaining the account general ledger must provide a complete accounting which must be sworn to and dated by . the debt will be assumed to be valid by the debt collector. Banco Popular alleges valid judgment against Rosalie McNamara in a sum of $204. Secondly. Illinois is facially void. within thirty days after receipt of the notice. a statement that unless the consumer. if different from the current creditor. Banco Popular’s putative judgment against Rosalie McNamara. the debt collector will provide the consumer with the name and address of the original creditor.946. the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector. Banco Popular’s so-called judgment was via summary judgment where only Rosalie McNamara submitted an affidavit.Brief in support 1. The record made in the Dupage County Illinois case reveals the so-called judgment to be bogus for three reasons. The Fair Debt Collections Practices Act requires that prior to collection activity or within five days of initial contact. or any portion thereof. the collector must communicate specific. a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt. case number 98 CH 0000. must incorporate records such as a general ledger and accounting of an alleged unpaid promissory note. When a party’s due process rights are violated. Banco Popular’s “judgment” was obtained by debt collector Robert Rappe. Thus Banco Popular’s judgment obtained by Rappe is facially void for reason that Rappe violated Rosalie McNamara’s due process rights under the Fair Debt Collections Practices Act. the court in which the action is brought is deprived of subject matter jurisdiction. unambiguous information to the consumer including statement of the amount of debt.12. Claim of damages. Notification under authority of the Act is a due process right. upon the consumer’s written request within the thirty-day period. Dupage County. or any portion thereof. is disputed.179 - . disputes the validity of the debt. Rappe failed to notice Rosalie McNamara via a dunning letter. One. 2. to be admissible as evidence. and a statement that. See 15 USC 1692g(a). the name of the creditor to whom the debt is owed.

Norwich Housing Authority 28 Conn. Super. (Conn. Super 23 (App..S. as the case may be. 201 Conn.U. “Under the Uniform Commercial Code. Federal Circuit Courts have ruled that the only way to prove the perfection of any security is by actual possession of the security. in alleged foreclosure suit. 96 Hawaii 32. the Appellate Division held.2d 1228 (9th Cir 1977). See Pacific Concrete F. the only notice . & Inv. V. Yonenaka 25 P. (3) that the plaintiff is the owner or holder of the note. Contracts S 170(3).. Corp. 1987). Inc. It would seem that the mortgagor would normally have a Common law right to demand production or surrender of the bond or note and mortgage. the holder of the instrument shall be afforded all the rights and protections provided a holder in due course pursuant to N. the plaintiff must prove: (1) the existence of the note in question. 614 P. 62 Haw. Mortgages S 469. No. 371. See also Solon v.S. Volume 29 of the New Jersey Practice Series. and Town of Brookfield v. 3d 845. prove that the plaintiff is the owner and holder of the alleged note. Dec. Div 1992). See Matter of Staff Mortg. Rptr.1 (1986). See In Re: SMS Financial LLc. in Carnegie Bank v. L. GE Capital Hawaii. Inc. 12A:3-104.the person who maintained the ledger. See Restatement. and (4) that a certain balance is due and owing on the note.2d 1218. prove that the party sued signed the alleged note. 114 Ill. then there is no note. C. 550 F.J. Banco Popular. v. 513 A. 163 Ill. Abco Homes. (2) that the party sued signed the note. “When the underlying mortgage is evidenced by an instrument meeting the criteria for negotiability set forth in N. Candlewood Shores Estates. Where the complaining party can not prove the existence of the note. E. Fooks v.J. and prove that certain balance is due and owing on any alleged note.J. 12A:3-302" Since no one is able to produce the “instrument” there is no competent evidence before the Court that any party is the holder of the alleged note or the true holder in due course. failed or refused to produce the actual note which Banco Popular alleges Rosalie McNamara owes.3d 807. To recover on a promissory note... App. Shalleck 256 N.2000). “.98-50117 February 18. Kauanoe.180 - .C. 516 N.2d 1045 (3Dist. 1999 (5th Circuit Court of Appeals. emphatically states.2d 936 (1980). Godbole. v. 334. (4) (1932). (Hawaii App 2001).S. 890. Inc.).J. Chapter 10 Section 123. New Jersey common law dictates that the plaintiff prove the existence of the alleged note in question. and no part payments should be made on the bond or note unless the person to whom payment is made is able to produce the bond or note and the part payments are endorsed thereon. page 566.

justly requires denying Banco Popular’s claims as falsely asserted and invoking this Court’s non-discretionary duty to vacate the “judgment” as void. Thirdly.J. 389 (Bkrtcy. notified Rosalie McNamara via a dunning letter compliant with the Fair Debt Collections Practices Act prior to foreclosure suit and/or Banco Popular cannot show by certified copies from the record made in 98 CH 0913 Dupage County. 165 B. In Re Investors & Lenders. possession is mandatory. Ltd. A check of the records of the Secretary of State of Finance for the State of Illinois shows Banco Popular is operating without authorization. that Banco proved up the claim by submitting an affidavit verifying the account general ledger signed and dated under penalty of perjury by the person who maintained the ledger wherein is verified that Rosalie McNamara is indebted to Banco Popular and/or that Banco Popular lacks standing in this court. his agent or bailee.D.” Unequivocally the Court’s rule is that in order to prove the “instrument”. I mailed a true and correct copy of the above and foregoing motion to contest a matter via first class mail or hand delivered to: Banco Popular at . Illinois. Illinois 60523-8706 Certificate of service I. 2003.1994).” Bankruptcy Courts have followed the Uniform Commercial Code. Rosalie McNamara.. Determination by this court.181 - . Banco Popular cannot show that debt collector Robert Rappe.. Jr.sufficient to inform all interested parties that a security interest in instruments has been perfected is actual possession by the secured party.N. promissory note is “instrument. certify that January ____. 3.” security interest in which must be perfected by possession . Prepared and submitted by:__________________________________ Rosalie McNamara 57 Briarwood Lane Oak Brook. “Under the New Jersey Uniform Commercial Code (NJUCC).R. Banco Popular lacks standing in this court.

182 - . Stearns.and Glenn B.________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ . Standing Chapter 13 Trustee What if all that doesn’t work? File a RICO suit! Just the threat of filing a RICO can make any sttorney cry and wet his pants! .

N. v. an enterprise ) affecting interstate commerce. The violations are pled with particularity infra. C. Furthermore. ) Lucretia Borgia. 103. a public officer ) using public office to aid and abet ) fraud and extortion. ) ) ) Plaintiffs.L.. ) C.P. S. Management.183 - . ) Number ___________________ ) Worldwide Asst. ) Worldwide Asst.D.In The District Court of The United States For the XXXX District of XXXX Abner Doubleday.) 1991. an individual predicate ) actor in schemes violating ) federal laws providing that fraud ) and extortion are malum in se ) offenses. 932 F. the clear face of this record shows the claims of Abner Doubleday in harmony with Attick v. Chauffeurs & Helpers . 835 F. Hull. Avirgan v. and claim under authority of 18 USC 1964(a) Subject matter jurisdictional statement FEDERAL QUESTION JURISDICTION: 28 USC § 13331: The federal district court has subject matter jurisdiction to consider this claim under authority of 18 USC 1964(a) and by virtue of sufficient pleadings clearly articulating violations of 18 USC 1961 & 1962. an enterprise ) affecting interstate commerce. ) ) Defendants. ) Petition. Inc. 11 (Fla. Purchasing. a ) an enterprise affecting inter) state commerce. ) ) v. 1992. T. L. Drivers. an individual and all others similarly situated.Y. Valeria Associates. ) Phlem Snopes. Yellow Bus Lines. Corporation System. L.2d 1572. complaint.A. Supp.C.

Supp.N.3d 900. Purchasing. 142 L. 2d 397.Supp. 1995. 100 A.L.Md. Phlem Snopes is a member of the enterprise. Corporation System. Management. Standard Chlorine of Delaware. D.2d 1465. Statement of venue Venue is appropriate in the xxxx. 1990.Local Union 639. 116 L. 821 F. D.. C. 855. Nathan’s Famous Systems.S.Supp.D.Ed.Ct.Y.S.N. 904 F. 979. 370. Fed.N. 528. on remand 164 F. also known as Worldwide Asset. 792 F.D. S.Supp.Ct.) 1997. 2 (N. 380. 101. . 1992. 2839. 1226. xxxxx in Atlanta.Ed. District of Tennessee.2d 901. 897 F. 1993. L. C. Inc. Worldwide Asst. Khurana v.Y. Hecht v. 286 U.C. Zweifel.Ed. operates from xxxxx. D. is an enterprise affecting interstate commerce.L. 1996. Purchasing. 114 F. 232. 913 F. Inc. 684. 828 F.A. Dealership Relations Litigation. Georgia.Y. Purchasing. Protter v. also known as Worldwide Asset.R. 182.3d 143. F. Gypsum Co. 502 U. Prudential Ins.D.) 1991.Ct. . 501 U. E. located at xxxxx. Mass. 287. in Memphis. Statement of in personum jurisdiction Worldwide Asst. 921 F. 115 L. certiorari denied 112 S.2d 948. 825 F. Inc. Palmadessa.184 - . 130 F. Polletier v.L.D. App. 1222. C.J.Y. L. C. Management. also known as Worldwide Asset. 11 (Ga. 1993.A. Pa. 908 F.D. 655.C.S. 525 U. Supp. S. C.Del. v. of America v. 1995.R. Lucretia Borgia aided and abetted Phlem Snopes in Phlem Snopes’s violations of 18 USC 1961 & 1962.C. U.Supp. Worldwide Asst. 941 F. v. v.S.L. Commerce Clearing House. D. certiorari denied 111 S.C. N. 1992. 167. Innovative Heath Care Systems. Co.A. New England Reinsurance Corp. and Compagnie de Reassuarance D’lle de France v. Integrated Resources.) 1990. L. Jordan v. Inc. In re American Honda Motor Co. Inc. Herman. Management.D. Inc.2d 21. T. Nassau-Suffolk Ice Cream.C.Supp. D. Sinibaldi. Tennessee is a local facilitator of fraud and extortion for Worldwide. Red Ball Interior Demolition Corp. 131. 1987. rehearing denied 931 F. vacated 119 S. 2d 1007. District of Tennessee as the predicate acts of fraud and extortion committed by Phlem Snopes occurred in the xxxx.A. 5 (La.S. Inc. 442.

The typical face value of the bundles often amounts to tens of millions of dollars. far-reaching scam composed of artists such as Phlem Snopes. (2).C.Theory of the case Phlem Snopes is engaged in the debt collection fraud racket. Artists such as Phlem Snopes are the actual “end user” holders in due course although typically in the scam. a wide-spread. Corporate charter authority to sue for damages on consumer loans is never proved. Whenever necessary. either are or pretend to. thugs such as Bettyer Thomas Moore. and deception to defraud and extort money and property from parties such as Abner Doubleday. Standing to sue in the respective state court is never proved.C. (4). Delegation of authority from enterprises such as Worldwide Asset Purchasing to predicate actors such as Paul Phlem Snopes is never proved. HOW THE DEBT COLLECTION FRAUD RACKET WORKS: Worldwide Asset Purchasing. When defendants raise any defense whatsoever. be absolutely “clueless. intimidation. coercion. (5).185 - . also known as Worldwide Asset Management. L. Enterprises such as Worldwide Asset Purchasing.. then allege they are third party debt collectors attempting to collect for the original maker of the loan. for a very small investment use threat. Actors up line from such artists as Phlem Snopes then break apart the bundles and resell the worthless commercial paper in clusters based on who the original mortgagee is and what the geographic location of the origin of the individual copies. Moore is either “on the take” receiving . worthless bundles of commercial paper in the form of copies of charged off debt are sold at auction. in turn marks up the worthless commercial paper and resells to artists such as Phlem Snopes who. How the scam works: In a back room of the Chicago Board of Trade or simply from one of many Internet hosts.L.L.” In this instant case. scam artists such as Phlem Snopes. is a subset of the debt collection racket. L. and (6). (3). artists such as Worldwide Asset Management. Damages in fact are never proved. subject parties such as Abner Doubleday to shame legal proceedings where: (1). The original makers of the loans including mortgagees are often not harmed because they often have hypothecated the loan and have risked nothing. Standing to sue as a bona fide holder-in-due-course is never proved. Corporate charter authority to make consumer loans is never proved. invest as little as 75 cents on the hundred face amount for the worthless commercial paper.

THIRD PREDICATE ACT IN VIOLATION OF 18 USC 1961 & 1962: (Month day and year). with the intention that Abner Doubleday rely on the fraud to Abner Doubleday’s detriment. are nontransferable. SECOND PREDICATE ACT IN VIOLATION OF 18 USC 1961 & 1962: (Month day and year). predicate actor Phlem Snopes filed a fraudulent security instrument in the district court of xxxxx County. Phlem Snopes’s fraudulent claim was urged under color of an official right. The scam is complete when artists such as Phlem Snopes. or Moore lacks the character and intellect to make decisions affecting other people’s lives. Tennessee. Tennessee. predicate actor Phlem Snopes again filed a fraudulent security instrument in the district court of xxxxx County. Phlem Snopes advanced a writing which Phlem Snopes knew was false.kickbacks and bribes from Phlem Snopes. A jury shall determine that Phlem Snopes absolutely violated 18 USC 1961 & 1962 by the fraud and extortion which occurred on July 29th 2003. with the cooperation of thugs like Lucretia Borgia. Phlem Snopes’s fraudulent claim was urged under color of an official right. Phlem Snopes advanced a writing which Phlem Snopes knew was false. predicate actor Phlem Snopes filed a fraudulent security instrument in the district court of xxxxx County. Tennessee. which as a continuing series of offers to contract. Concisely. A jury shall determine that Phlem Snopes absolutely violated 18 USC 1961 & 1962 by the fraud and extortion which occurred on July 29th 2003. Phlem Snopes fraudulently claimed that Abner Doubleday was indebted to Worldwide Asset Purchasing in a sum in excess of xxxxx thousand dollars. FIRST PREDICATE ACT IN VIOLATION OF 18 USC 1961 & 1962: (Month day and year). with the intention that Abner Doubleday rely on the fraud to Abner Doubleday’s detriment. This racket is particularly heinous in the case of credit card contracts. Concisely. Phlem Snopes fraudulently claimed that Abner Doubleday was indebted to Worldwide Asset Purchasing in a sum in excess of . defraud parties such as Abner Doubleday.186 - . Phlem Snopes fraudulently claimed that Abner Doubleday was indebted to Worldwide Asset Purchasing in a sum in excess of xxxxx thousand dollars.

Phlem Snopes’s fraudulent claim was urged under color of an official right. Phlem Snopes’s fraudulent claim was urged under color of an official right. I was contacted by Phlem Snopes about (month day and year). predicate actor Phlem Snopes filed a fraudulent security instrument in the district court of xxxxx County. of age and competent to testify. A jury shall determine that Phlem Snopes absolutely violated 18 USC 1961 & 1962 by the fraud and extortion which occurred on July 29th 2003. with the intention that Abner Doubleday rely on the fraud to Abner Doubleday’s detriment. with the intention that Abner Doubleday rely on the fraud to Abner Doubleday’s detriment. with the intention that Abner Doubleday rely on the fraud to Abner Doubleday’s detriment. but in the time since. A jury shall determine that Phlem Snopes absolutely violated 18 USC 1961 & 1962 by the fraud and extortion which occurred on July 29th 2003. Concisely. Affidavit I. Phlem Snopes fraudulently claimed that Abner Doubleday was indebted to Worldwide Asset Purchasing in a sum in excess of xxxxx thousand dollars. has refused . Tennessee. Phlem Snopes advanced a writing which Phlem Snopes knew was false. Phlem Snopes’s fraudulent claim was urged under color of an official right. In this episode of mischief. Phlem Snopes secured Lucretia Borgia’s sworn agreement to aide and abet in the defrauding of Abner Doubleday. state as follows based on my own personal knowledge: 1.187 - . Phlem Snopes advanced a writing which Phlem Snopes knew was false. FOURTH PREDICATE ACT IN VIOLATION OF 18 USC 1961 & 1962: actor Phlem Snopes filed a fraudulent security (Month day and year). Concisely. A jury shall determine that Phlem Snopes absolutely violated 18 USC 1961 & 1962 by the fraud and extortion which occurred on July 29th 2003.xxxxx thousand dollars. Abner Doubleday. Phlem Snopes advanced a writing which Phlem Snopes knew was false. Phlem Snopes fraudulently claimed that Abner Doubleday was indebted to Worldwide Asset Purchasing in a sum in excess of xxxxx thousand dollars. Phlem Snopes alleged that I owed him a large sum of money. FIFTH PREDICATE ACT IN VIOLATION OF 18 USC 1961 & 1962: (Month day and year). Tennessee. Concisely. predicate instrument in the district court of xxxxx County.

Month day. 7. and the economic purpose . 6. year. the predicate acts of racketeering. 5.L. Month day. year. 3.188 - . Month day. Worldwide Asset Purchasing. Phlem Snopes secured agreement from Lucretia Borgia that Moore would help Phlem Snopes defraud me. L. 8. year. Given under my hand and seal the day and year last above written. Phlem Snopes falsely alleged that a party who had no personal knowledge of the business records of (name of bank) could testify competently about (name of bank’s) records. Month day. As a result of the harassment of Phlem Snopes and Phlem Snopes’s repeated attempts to extort money and property from me and because of Phlem Snopes’s dissemination of false information about my finances. the undersigned. Phlem Snopes falsely alleged that although he was attorney of record for Worldwide Asset Purchasing. 200__. Month day. ________________________________ Abner Doubleday STATE OF _______________ INDIVIDUAL ACKNOWLEDGMENT COUNTY OF _____________ Before me. year. Month day. or Worldwide Asset Management. money. 4. he was not their agent for service of process. to document and verify that I owe him. My commission expires __________ ________________ Notary Public Plaintiffs’ RICO case statement detailing the racketeering enterprise. year. personally appeared __________________________ to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act.2. he was not their agent for service of process. I have been deprived of business opportunities and been damaged in my business enterprises. a Notary Public in and for said County and State on this ____ day of ________. Phlem Snopes made thinly veiled threats to the effect that he was out to get me.C. Phlem Snopes falsely alleged that although he was attorney of record for Worldwide Asset Purchasing. year. Phlem Snopes falsely alleged that Worldwide Asset Purchasing had a claim against me and had authority to sue in Tennessee courts.

A. Abner Doubleday clearly articulated being Mendelson’s target of extortion and .Ct. 1987. v.L. 182. 380.Del.L. Sinibaldi. Inc.L.189 - .’s investment affecting interstate commerce. also known as Worldwide Asset Management. showing a pattern of racketeering activity: fraud. has testified of injury to property and business by reason of acts which violate section 4 of the Clayton Act. See Yellow Bus Lines.) 1990. 115 L. C. injury to business and property. 1990. 1992. L.L. Abner Doubleday has articulated violation of racketeering laws. Phlem Snopes’s membership in the enterprise. Supp.D. 932 F. Abner Doubleday has standing to sue under RICO as Abner Doubleday has shown violation of RICO. also known as Worldwide Asset Management. and shown resulting injury to business and property.A.C. Chauffeurs & Helpers Local Union 639. Inc.. v.R. is able to recoup and profit by Worldwide Asset Purchasing. App. shown nexus between the defendents and the pattern of frauds. Drivers. 11 (Fla.C.L. Worldwide Asset Purchasing. 100 A. See Hecht v. indirectly. Abner Doubleday has demonstrated that Abner Doubleday sustained injury as proximate result of the pattern of frauds by the defendants. certiorari denied 111 S. Fed. 897 F.D. also known as Worldwide Asset Management.R. Supp. See Avirgan v.Worldwide Asset Purchasing. also known as Worldwide Asset Management.” This court shall notice that Abner Doubleday.2d 21. L. Abner Doubleday has perfected a RICO claim by showing the existence of a RICO enterprise. In naming Worldwide Asset Purchasing. Inc. L. also known as Worldwide Asset Management. Valeria Associates. N. 286 U. L. 1992. 501 U. Supp. 913 F. C. also known as Worldwide Asset Management. in this complaint. Herman. Worldwide Asset Purchasing. 655.C.L. See Jordan v. 103. an enterprise to which Phlem Snopes belongs. C. S. Integrated Resources. empowers Mendelson to do illicit business benefiting Worldwide Asset directly and Purchasing. 835 F.Y. S. testified that the violation injured both business and property warranting treble damages. L.Y.S. Pa. 684.S.Y. 232.C. See Standard Chlorine of Delaware.D.D.C. L.Ed.P.2d 1572. D. 114 F. 2839. is running a racket by taking money and property from parties situated similarly to Abner Doubleday to satisfy a nonexistent “debts. and causation of the injury by the violation. Inc. 792 F. Inc. See Nassau-Suffolk Ice Cream. 1992. F.D. Commerce Clearing House. L.) 1991. 2d 1007. 821 F.C.C.N.A. See Attick v.2d 948. Hull. Abner Doubleday has established that an enterprise exists which undeniably affects interstate commerce. 2 (N. v.. 1222..L.C. D.

Inc. is evident to a high degree and it is also evident to a high degree that associates such as Phlem Snopes act as a continuing unit.3d 143. 908 F.S. 502 U.. 528. rehearing denied 931 F. 2d 397.Supp. N. There exists an undeniable relationship between the acts of the defendants and the damage to property and business interests of Abner Doubleday. See Grand Cent.190 - . U.N. Phlem Snopes. Zweifel.L.Md. C. The damage caused by the defendants was the natural and reasonably foreseeable consequence of the frauds promulgated by the defendants.L. 101. on remand 164 F. 825 F. Worldwide Asset Purchasing also known as Worldwide Asset Management. . Palmadessa. Nathan’s Famous Systems. Inc.Supp. Mass. . 904 F.C. 167.2d 901. Innovative Heath Care Systems. his business interests being interfered with. L.C. New England Reinsurance Corp. and related damages.L. Gypsum Co. 1993.Supp. 5 (La. S. Co. Abner Doubleday would have his money and his business would not have incurred tangible losses is sufficient to state factual causation for provision of RICO act providing for treble damages.Supp. 855. 1996.Supp. 941 F. Abner Doubleday’s reliance on traditional principles of proximate causation applying to RICO cases is illustrated in the well pleaded.3d 900. vacated 119 S.C receives money for defrauding parties such as Abner Doubleday and Worldwide Asset Purchasing also known as Worldwide Asset Management. continuing to rip people off in phony. v.D. 921 F.Ed. Inc.) 1991. See Protter v. See Polletier v. See Khurana v.L.resulting business loses. 979. E. D. See Compagnie de Reassuarance D’lle de France v. 370. certiorari denied 112 S. in the vernacular.) 1997.N. Sanitation.’s receipts and compensation to collateral enterprises represents their necessary investment in the class of business to which Worldwide Asset Purchasing also known as Worldwide Asset Management. 828 F.S. See Prudential Ins. D. L. 131. sham proceedings. 142 L.Ct. 130 F. See In re American Honda Motor Co. belongs for the continuing privilege of.Ed.A. Dealership Relations Litigation. It is undeniable that Worldwide Asset Purchasing also known as Worldwide Asset Management.D. 11 (Ga. 1993.A. The fraud by the defendants was the legal cause of Abner Doubleday being the target of extortion.J. L. 116 L.Y. of America v.S. 287. 1995.Ct. 1226. See Red Ball Interior Demolition Corp. testimony that Abner Doubleday was the target of extortion and his business interfered with by predicate acts of the defendants.C. C. The enterprise. L. The cause-in-fact that but-for the chicanery of the enterprise member. 442. 1995. 525 U.Y.2d 1465. D.

191 - .L. Corporation System.C by and through Phlem Snopes and Lucretia Borgia committed or aided and abetted two or more predicate acts of fraud resulting in defrauding Abner Doubleday and others similarly situated of property and business interests justly requires ordering Worldwide Asset Purchasing also known as Worldwide Asset Management.L.C by and through Phlem Snopes and Lucretia Borgia has engaged in a pattern of frauds rising to a level of racketeering requires this court’s order to Worldwide Asset Purchasing also known as Worldwide Asset Management. and C. Undeniably. v. First Nat. 1992. L.C. L. Corporation System to dissolve and cease operations. L. A jury’s determination that Worldwide Asset Purchasing also known as Worldwide Asset Management.. L.D.T.C. Corporation System under authority of 18 USC 1964(a). and other enterprises similarly constituted.L. M. Bank of Palmerton.C and C.Inc. Remedy sought and prayer for relief The Federal District Court has a duty to order the dissolution of Worldwide Asset Purchasing also known as Worldwide Asset Management. The Federal District Court is empowered to order treble damages as remedial to the racketeering activities of “RICO” enterprises and their constituent members. the defendants have used the courts for purposes of fraud and extortion.Supp. L. 816 F. L.L.T. 299.Pa. C.L.T. A jury’s determination that Worldwide Asset Purchasing also known as Worldwide Asset Management.C.L. Mendelson’s attacks on Abner Doubleday is but one of many of examples of fraud by Worldwide Asset Purchasing also known as Worldwide Asset Management. and Phlem Snopes and Lucretia Borgia to compensate all parties in a sum not less than three times the collective sums of property and losses to businesses of all who are similarly situated TRIAL BY JURY DEMANDED Prepared and submitted by: ____________________ Abner Doubleday .

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