The Statute of Limitations has run out on all of the credit cards I've defaulted on. Yes... I am one of those who learned that Credit Cards are a shameless trap laid for suckers whom the Federal Reserve banks can fleece.
...
Certain tactics did work for me, and I have avoided paying off a large amount of CC debt and can no longer be sued
MADDOG
Unplugged
Join Date: Aug 2005
Location: FLORIDA
Posts: 132
Wanting to gear up for a future day in court
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Hello everyone.
I am encouraged by my ability (so far) to hold 5 would-be collectors of unsecured credit card debt at bay. I wrote about that situation on this forum almost a year ago. To recap in brief:
Only one Plaintiff has actually managed to serve me, and after my Motion for More Definite Statement (the Plaintiff had not correctly established jurisdiction in their Complaint), and my subsequent Motion to Dismiss for Failure to Conform to the Court's Motion Practice Order, the judge ordered the Plaintiff to respond to my Motion to Dismiss for Failure to Conform to the Court's Motion Practice Order, and the Plaintiff voluntarily dismissed its case rather than obey the judge's order. I love it!!!
Obviously, the Plaintiff did not want to have to respond to my Motion. He couldn't - I had him cornered. I just used common sense, and the information I learned from the tutorials I bought from jurisdictionary. The Plaintiff failed to obey the judge's Motion Practice Order in a couple of respects, and since the judge's Motion Practice Order dictated that disobedience would be punished by either 1) dismissal of the disobedient party's case, or 2) by ruling against the disobedient party, I simply moved the court to do just that... either 1) or 2)... and then over 20 days elapsed. Then the Judge ordered the Plaintiff to respond (he should have dismissed their case because they took too long to respond). Instead of responding, they voluntarily dismissed. I received no notification of this event in the mail! I only found out by checking the court's website and reading the list of filed paperwork for the case. If I hadn't learned here on suijuris how to check the website, I would never have known it was dismissed!
This first victory was accomplished without ever filing an answer to their Complaint. I also filed discovery before answering the Complaint - Requests for Admission which they failed to answer within 30 days, and then I filed a Motion for Requests for Admission to be Deemed Admitted. That motion did not receive a ruling because Plaintiff dismissed their case.
Since then he has filed another case against me and has been trying unsuccessfully to serve me with that one. I found out about that by searching the court website, too.
I simply moved and left no forwarding address. None of the 5 accounts show any new activity since 2005 and I have used no more credit cards, so the credit reporting agencies show no new activity and no updated current address for me - just the old one from 2005. I have no land phone, only a cel phone, and I gave them a PO Box address for billing. I reimburse my landlord for the utility bill which is in her name, not mine. I gave her a big security deposit, and I always pay my rent on time. My new place has no mailbox, and the house cannot be seen from the road. I have a locked gate with "Posted No Trespassing" on it. (Three German Shepherds and a "Beware of Dog" sign helps, too). Three other collectors have filed suit against me (I found out by checking the court website) and they have so far failed to serve me. I think they must be going to the old address. I've seen no sheriff's vehicles at the gate, and no cards left here.
Thanks to what I've learned on here (and my additional reading and research) about the Fed banking system and their fraudulent counterfeit money lending scheme I don't feel the least bit guilty about any of this. The banks screwed me by lending me counterfeited money, and screwed us all by pumping it all into the economy and causing inflation. Thank you to ALL the members here who have educated me about this rotten scam. I will never use credit cards again.
Meanwhile, I have a vehicle that I paid over two year's worth of payments on in advance - before I quit paying on my credit cards (I used a balance transfer... hee hee hee... why not? They put the offer right under my nose!). I won't have to start making any car payments again until late next year. This gives me time to learn how to fight that upcoming collection. This loan has changed hands twice since then. I've read that it is possible to get the pink slip on a vehicle when the original lender has sold the debt. I'm sure the latest purchaser of the debt does not have the original promissory note that I signed years ago. This loan has been sold twice.
What is the most successful procedure for challenging their right to collect payments on this debt? Can I do so before any payments actually come due, or should I wait until they try to collect after I've missed some payments?
This is obviously a secured loan - a vehicle. So in that case, is repossession of this vehicle (the collateral for the loan) their only recourse? Can they get a judgment and take anything else?
Do I remember correctly some fake Florida based arbitration company that was up for awhile and seemed to specialize in always finding for debtors?In 2004 I bought the program offered by ADS - Alternative Debt Services...They sent me (by email) a series of "dispute" letters to send to the credit card companies. I followed their instructions to the letter. After that series of dispute letters, I was to use an independant arbitration company that ADS recommended after sending the credit card company a "notice of final payment and agreement to arbitration with a forum of my choice" with a $20 check that I identified as consideration for the agreement.
I did receive arbitration awards in my favor against all 4 credit card companies - almost $95,000 worth of credit card debt. 3 from the arbitration company right near home,
Florida Federal Court Finds National Arbitration Council is a "Mailbox Arbitration" Sham
A Florida federal court has joined a number of other courts around the U.S. which have ruled that the National Arbitration Council (NAC) operates a rogue arbitration "service" for credit cardholders to try and extinguish debt through an unauthorized arbitration process.
The scheme is called a "mailbox arbitration" where a consumer uses the NAC or some other organization, which is not an authorized arbitrator under the credit card agreement, to erase credit card debt. The NAC has apparently sent out hundreds of "awards" claiming that the consumer has won a dispute and that the time to appeal had past. This is called a "mailbox arbitration" since the credit card companies claim that NAC is an unknown and unauthorized entity and that they never learn of a dispute until there is an adverse "award."
The US District Court for the Middle District of Florida issued a decision in Citibank v. National Arbitration Council finding that the NAC had tortiously interfered and violated unfair trade practice act. This follows a Tennessee court's similar ruling in Amsouth v. Soltis. Other known decisions include MBNA v. Bodalia (Alabama) and MBNA v. Terry (Ohio).
A telling quote from the Citibank case:
"Though NAC and Morgan's [sole officer of NAC] response to Chase and Citibank's motions for summary judgment illustrates their immense distaste for the credit card industry in the United States (in essence blaming it for various and sundry financial ills which have plagued this country throughout history), that ill will does not provide a license for NAC and Morgan to solicit Chase and Citibank cardholders and then dupe them into believing their debts have been expunged via a summary arbitration 'proceeding' that is nowhere authorized in any agreement between those entities and their customers..."
We could not find a website for National Arbitration Council however it is listed as a "credit card professional" on CardWeb. At least one other blogger has discussed NAC and credit card arbitrations (in a pro-consumer light).
Good luck, however, to the credit card companies which will likely try to collect fees and damages. According to the Florida corporations website, the "National Arbitration Council" was administratively dissolved for failing to file an annual report on September 15, 2006. See the details here.
https://www.myfloridalicense.com/Licens ... DE91137A8BNikki wrote:Last that I heard, she was working as a realtor. Is the appropriate Florida realtor licensing board aware of her antics?
Grixit wrote:Hey Diller: forget terms like "wages", "income", "derived from", "received", etc. If you did something, and got paid for it, you owe tax.
Demosthenes wrote:I wonder what the statute of limitations is for larceny in Florida.
So it is generally three years. Note that the limitations period can be extended, for example, by your absence from the state, (Subsection 5), or based upon the delayed discovery of fraud (Subsection 12(a)).Florida Statutes, Section 775.15 Time limitations; general time limitations; exceptions.
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(1) A prosecution for a capital felony, a life felony, or a felony that resulted in a death may be commenced at any time. If the death penalty is held to be unconstitutional by the Florida Supreme Court or the United States Supreme Court, all crimes designated as capital felonies shall be considered life felonies for the purposes of this section, and prosecution for such crimes may be commenced at any time.
(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:
(a) A prosecution for a felony of the first degree must be commenced within 4 years after it is committed.
(b) A prosecution for any other felony must be commenced within 3 years after it is committed.
(c) A prosecution for a misdemeanor of the first degree must be commenced within 2 years after it is committed.
(d) A prosecution for a misdemeanor of the second degree or a noncriminal violation must be commenced within 1 year after it is committed.
(3) An offense is committed either when every element has occurred or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.
(4)
(a) Prosecution on a charge on which the defendant has previously been arrested or served with a summons is commenced by the filing of an indictment, information, or other charging document.
(b) A prosecution on a charge on which the defendant has not previously been arrested or served with a summons is commenced when either an indictment or information is filed, provided the capias, summons, or other process issued on such indictment or information is executed without unreasonable delay. In determining what is reasonable, inability to locate the defendant after diligent search or the defendant's absence from the state shall be considered. The failure to execute process on or extradite a defendant in another state who has been charged by information or indictment with a crime in this state shall not constitute an unreasonable delay.
(c) If, however, an indictment or information has been filed within the time period prescribed in this section and the indictment or information is dismissed or set aside because of a defect in its content or form after the time period has elapsed, the period for commencing prosecution shall be extended 3 months from the time the indictment or information is dismissed or set aside.
(5) The period of limitation does not run during any time when the defendant is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state. This provision shall not extend the period of limitation otherwise applicable by more than 3 years, but shall not be construed to limit the prosecution of a defendant who has been timely charged by indictment or information or other charging document and who has not been arrested due to his or her absence from this state or has not been extradited for prosecution from another state.
(6) A prosecution for perjury in an official proceeding that relates to the prosecution of a capital felony may be commenced at any time.
(7) A prosecution for a felony that resulted in injury to any person, when such felony arises from the use of a "destructive device," as defined in s. 790.001, may be commenced within 10 years.
(8) A prosecution for a felony violation of chapter 517 or s. 409.920 must be commenced within 5 years after the violation is committed.
(9) A prosecution for a felony violation of chapter 403 must be commenced within 5 years after the date of discovery of the violation.
(10) A prosecution for a felony violation of s. 825.102 or s. 825.103 must be commenced within 5 years after it is committed.
(11) A prosecution for a felony violation of ss. 440.105 and 817.234 must be commenced within 5 years after the violation is committed.
(12) If the period prescribed in subsection (2), subsection (8), subsection (9), subsection (10), or subsection (11) has expired, a prosecution may nevertheless be commenced for:
(a) Any offense, a material element of which is either fraud or a breach of fiduciary obligation, within 1 year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is himself or herself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than 3 years.
(b) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment, within 2 years from the time he or she leaves public office or employment, or during any time permitted by any other part of this section, whichever time is greater.
But, as a layperson, it is not clear to me just by whom and how would prosecution begin.MADDOG in August 2005 wrote: Meanwhile, I have a vehicle that I paid over two year's worth of payments on in advance - before I quit paying on my credit cards (I used a balance transfer... hee hee hee... why not? They put the offer right under my nose!). I won't have to start making any car payments again until late next year. This gives me time to learn how to fight that upcoming collection. This loan has changed hands twice since then. I've read that it is possible to get the pink slip on a vehicle when the original lender has sold the debt. I'm sure the latest purchaser of the debt does not have the original promissory note that I signed years ago. This loan has been sold twice.
My guess:notorial dissent wrote:I am curious as to how she got a real estate license to begin with, I thought most state licensing agencies did a pretty thorough background check anymore, at least my local one certainly does from stories I’ve heard.
According to you, but Heidi since you don't have two brain cells to rub together I seriously doubt that you could accurately calculate the SofL.The Statute of Limitations has run out on all of the credit cards I've defaulted on.
Florida law requires that, to hold oneself out as a "paralegal", one must be working under the supervision of a specific attorney. Rule 20-1.1 states that the various Rule 20 subdivisions "set forth a definition that must be met in order to use the title paralegal". Rule 20-2.1 then defines "paralegal":Red Cedar PM wrote:Forgive the softball question from a non-attorney, but couldn't someone be prosecuted criminally for fraud for hanging a shingle saying that you are a paralegal when you really aren't one? If so, we should report this to the relevant state / county authorities.
In other words, you can't just hang out a shingle and call yourself a "paralegal", even with a certificate from the "Millman College of Paralegal Knowledge" (apologies to Johnny Carson). Still, I don't know that Heidi is doing that. She calls herself a "paralegal" on Sooey, but if she isn't practicing, she isn't committing unauthorized practice.(a) Paralegal. A paralegal is a person with education, training, or work experience, who works under the direction and supervision of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible.
Perhaps, along about 2020, Heidi will catch up with the events of 1971.It seems to me that a case could be made that our currency is no longer backed by precious metals
Ordinarily I wouldn't point out a typo by someone I like, but the 'official' document being referenced spells it Tunipseed (not ...speed) ---- and I am willing to bet that this is, itself, a misspelling of Turnipseed (with an R).She appears to be using the name Heidi Tunispeed.
I stand corrected.fortinbras wrote:Ordinarily I wouldn't point out a typo by someone I like, but the 'official' document being referenced spells it Tunipseed (not ...speed) ---- and I am willing to bet that this is, itself, a misspelling of Turnipseed (with an R).She appears to be using the name Heidi Tunispeed.
Pamela M. Tuck Ocala
Melissa Tukh Miami
Sandra B. Tuller Clearwater
Yolanda A. Tullo Tampa
Tunipseed would be here
Kim A. Turilli Tampa
Jane H. Turner Boynton Beach
Linda A Turner Melbourne
Sherry L. Turner Altoona
Karin Turner-Cooney Sarasota
Turnipseed would be here
Deborah K. Tuttle Indialantic
Kelly A. Tuttle Jacksonville
wserra wrote:Florida law requires that, to hold oneself out as a "paralegal", one must be working under the supervision of a specific attorney. Rule 20-1.1 states that the various Rule 20 subdivisions "set forth a definition that must be met in order to use the title paralegal". Rule 20-2.1 then defines "paralegal":Red Cedar PM wrote:Forgive the softball question from a non-attorney, but couldn't someone be prosecuted criminally for fraud for hanging a shingle saying that you are a paralegal when you really aren't one? If so, we should report this to the relevant state / county authorities.In other words, you can't just hang out a shingle and call yourself a "paralegal", even with a certificate from the "Millman College of Paralegal Knowledge" (apologies to Johnny Carson). Still, I don't know that Heidi is doing that. She calls herself a "paralegal" on Sooey, but if she isn't practicing, she isn't committing unauthorized practice.(a) Paralegal. A paralegal is a person with education, training, or work experience, who works under the direction and supervision of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible.
As I mentioned on another thread here, I'm grateful to you for pointing out the criteria for doing business as a paralegal. I had no idea. The so-called "paralegal" I used for my first 2 and 1/2 pleadings is not licensed, either. Fortunately I never "practiced" -- I have never been paid for helping anyone with their legal writing and drafting.
Of course "ignorance of the law is no excuse".
Sorry, but I can't resist one more quote from the learned "paralegal" on Sooey, posted last night:Perhaps, along about 2020, Heidi will catch up with the events of 1971.It seems to me that a case could be made that our currency is no longer backed by precious metals
Are you REALLY that oblivious to deliberate SARCASM, wserra?