Common Law Court of Record, how to file
I have several credit cards and auto loan with bank. I got behind on payments, bank would not work with me and blocked my accounts. They refused to give me a copy of the auto loan. This has been going on for 2 yrs. I have learned thru the process, but still need help.
I filed a complaint in state court, fdcpa, fcra, tila & Tcpa violations, bank moved to Federal court, I initiated arbitration, which was a disaster.
The arbitrator awarded the bank everything and included atty’s fees totaling $89,000. This was treble (triple damages) this is when I learned the banks pay the arbitrators.
I appealed the award as stated in the contract. The arb company changed the language from consume to commercial arbitration. I objected to that, judge ignored. The judge is all for the bank, awarded the bank the judgment.
No one ever showed in court for the bank, all heresy by their atty, no oaths, no contracts, nothing and judge said I filed frivolous lawsuit and threatened sanctions if I brought another suit against bank or their atty’s. Judge did state that I could ask for leave and amend.
My question, do I ask for leave to amend & file common law court of record, or do I do a new claim & file at common law court of record. If I file indigent, does that put me in their jurisdiction? And will that anger judge if I file again?
Thanks for your help, appreciate it.
Let me cover some things about credit before I get into the court of record. Credit cards are the first thing that you stop paying on when you get behind on payments. Secure debt is the first thing you payoff, since you have a sign agreement to return that property if you get far enough behind.
Now, as far as filing a claim in a court of record, you merely state that in the first paragraph of you claim. The member forum has many examples of actual cases that use this tactic. It is obvious by what has happened to you that the government is in conspiracy with the banks.
The credit cards companies, for example, do not hold a debt when you use your credit card. What they do is sell the account to trusts that in turn sell the so called "debt" to investor. Discover Bank, for example, sells its credit card debt to the "Discover Card Master Trust" who sells it to investor "with no recourse". That means the only people who have a right to collect the debt from you agree they have no recourse. So nobody has a right to collect those debts from you.
As far as the car is concerned, you can even have the bank prove that it di not sell the debt to someone else and it was just servicing the loan as is commonplace with mortgages. As in the mortgage industry, the loan is sold to another bank and the originating bank just services the loan or the loan is digitized and securitized to be sold as securities on the securities exchange. This mean that the original promissory note has been destroyed which means the debt was destroyed.
Your reasoning for filing a claim would be for the fraud that was perpetrated by the banks that have the credit cards and the relationship between the arbitrator and the bank. This is obviously a conflict of interest issue wherein the arbitrator is going to have a repeated biased opinion in favor of the party who pays him. Your damages should be a minimum of three times what they claim you owe. Unlike those who have claims against lowly paid government agents who probably can;t afford to pay much, banks have lots of money to pay. There is a case in Colorado wherein the claimant is filing liens against Wells Fargo properties today. You have a better chance of collecting from a bank. If you want to pursue a case against them, you can either join the American People's Peacekeepers to become a contributing member of aFreeCountry.com or pay the $30 annual dues for access to the member forum. Start a new topic title Your name v. whoever you are making a claim against. Make sure your read everything on this site as much as possible and watch Bill Thornton's lecture on YouTube. Your case is easy. If you want to have me do all of your paperwork and coach your through the whole process, contact me directly through the contact form on this site and include your phone number so we can discuss your case.
M. R. Hamilton
Secured or unsecured debt? PROOF OF CLAIM. Tender me the bill and sign it. They never will.
PS -- all debt is pre-paid.
"It is easier to fool people than it is to convince people they've been fooled." ~ Mark Twain
Hi. Wondering if any success with your case against the banksters.
When I posted the above post, I stated that you pay off secure debt, because you signed an agreement to do so. I have to correct myself. There is no signed agreement. A contract is required to be signed by at least two parties to the contract and the contract must include consideration and acceptance. Banksters NEVER countersign a contract, because they know there is no debt and you are actually the creditor.
M. R. Hamilton