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Message Subject HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
Poster Handle HardcoveR
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One question, the debt collectors seem to be bringing actions in the original creditors name, even though they are buying debt.

Is there a motion or procedure to get them to testify or swear under oath that the original creditor is, in fact, bringing the suit and not the debt collector?
 Quoting: Anonymous Coward 23316818


You could file a "Defendant's Motion to Dismiss and Motion to Compel Discovery"

Motion to Dismiss
-- for failure to state a claim upon which relief can be granted and lack of subject matter jurisdiction, as Plaintiff is not the real party in interest in this lawsuit...

XYZ lawyers have failed to prove the debt and failed to prove that XYZ represents the original creditor / Plaintiff in this case, or if the debt has been sold or assigned to XYZ...

Doctrine of Privity... only parties to a contract may bring suit to enforce it...

Motion to Compel
Despite a Request for Production of Documents, XYZ lawyers have failed to provide proof of ownership of the debt and failed to provide proof of representation.

Defendant requests that this Court, in the alternative to dismissing the case, issue an order compelling XYZ lawyers to answer Defendant's discovery requests and immediately file: (a) proof of who the current legal owner of the debt at issue is, and (b) proof that XYZ represents the original creditor / Plaintiff.

WHEREFORE...

Accompanied by a separate "Brief" with documented cases of lawyers masquerading as the original creditors.

Also send a "Demand Letter" to the lawyers.

Of course you would expand on the above.


Something like that.

I have been working on helping a business to business debt collection suit and the so called plaintiffs, the original creditors, "brought suit" althoug I'm sure it is the debt collectors behind it. They even "produced" someone they said was the president of the company, and the whole thing smelled bogus.

I would love to hang them with a perjury charge. any suggestions?
 Quoting: Anonymous Coward 23316818


I think if you have proof that the "president" is bogus, maybe file a "Motion for Sanctions Against...[witness]" with the judge during the trial.


"I am not a lawyer. This is not legal advice, and is for discussion purposes only."
 
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