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Re: Help- civil summons follow up


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Posted by Keyser Soze (152.163.253.37) on June 19, 2003 at 21:00:50:

In Reply to: Help- civil summons follow up posted by me on June 19, 2003 at 19:37:26:

You are in North Carolina, I am in Florida. The collection agency has a lawyer, assume you are pro se, representing yourself. We have two things in common. I am not a lawyer and I have on occasion represented myself in court, though I am ably represented on matters of a different nature by my esteemed colleague, Mr. Kobayashi.
Generally, and this is not legal advice, just an observation from a non-lawyer layman just bright enough to be dangerous, anytime the enemy - the person suing you - makes any motions or takes any other actions involving the court they are required to send you notice of same either by personal service or mail. This is how it works in Florida.
Example, you get sued, you answer suit. The other side files interogatories, and motions for production and admissions. They file copies with the court and they must certify to the court that they have mailed you copies of all documents.
If reason for your not hearing anything from these blood ticks is that they haven't filed anything, then perhaps, only perhaps, they are losing their interest in you due to your interest in defending yourself and perhaps prosecuting them.
Collections is a legal form of the old numbers and protection rackets. These cloven-hoof swine file scads of lawsuits, they'd sue General Lee if they thought they could get money for so doing. And that's just the point.
Many people who are sued for whatever reason fail to answer the suit, gaining the collector-scumbag a default judgement. This is what collection agencies dream of, reams of unanswered suits and resulting judgements, then they go to work making lives miserable.
But you have done something that causes their parasite-studded alimentary tracts to contract spasmodically. You answered the suit, you let them know that now they have your attention. They may yet come ahead, assume they will. Meanwhile, you have smacked them back legally. Now they have to spend time and legal resources figuring out what to do.
Perhaps they'll send interrogatories and motions for production and admissions. Your court rules are doubtless different that those of Florida. Point to remember is that many times you are allowed to answer in such manner as to deny them the information they hope to get easily, quickly, cheaply from you. Now they have to dig and prove their own case and the money meter again starts running in the wrong direction.
The principle is that this is their picnic, they invited you, let them make the sandwiches. Let them prove their case. Yeah they want you to do it, of course. And every tertiary syphillitic street thug wants you to leave your house unlocked when you go to work in the morning, and tack a note to the fridge telling 'em where you keep the jewels, cash, vcr's, dvd players, microwave oven, Drakes' cakes, Nehi six-packs, Goo-Goo Dolls, bra's, panties, and other items of interest to thugs. Collection agent is just a slightly more functional albeit less honest form of street thug.
Let them work. They invaded the sanctity of you home with their dog-dropping poop-sheet summons. Let them eat their own mess. Squash these canine dejectae with the boot heel of legal resources, of which you have many right at your disposal.
Thugs understand one thing. Not kindness, not negotiation, not respect. They understand that when they poke you and you smash back, it's perhaps time to move along to the next mark.
And you are not their mark. Not now, not ever.

Mark these words,

Keyser Soze


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