Ladies and Gentlemen of the Jury…
Monday, March 31st, 2008First, let me thank you so much for taking time out of your busy schedule to help me solve a very perplexing problem.
I’m the Defendant in this case and I’m completely confused.
When I was a kid going to school I was taught that the judicial system in the United States was designed to protect the life, liberty, and property of we the people. You and me.
I was taught that when someone injures you, you can use the courts to make yourself whole. Get back what you lost. What was taken from you. Our courts weren’t created to help attorneys and corporations make profits.
Plaintiff (Credigy Receivables Inc, or LVNV Funding, LLC, or whomever) is claiming that I owe them a large amount of money. Which is perplexing since I had never heard of them until I received a very threatening letter in the mail from them about a year ago.
I have checked all my records. I have no record of a contract with them. I have no record of ever doing any business with them. Yet, they say I owe them money?
They say they bought an account of mine from a bank. And because of this alleged purchase, I now owe them the alleged balance due on this account.
I have asked for a copy of any contract they might have with the bank that shows my name, account number, and the amount they paid for the account. They refuse to provide this evidence. They insist I take their word for it.
What I need you to do, is put yourself in my shoes. See this strange situation from my perspective. Then decide how you would like to be treated.
Imagine if you would.
One day, out of the blue, you get a letter from one of your neighbors from two doors down saying you owe them money. They claim they bought a debt from your next door neighbor. Your next door neighbor claims they paid your electric bill several months ago and you have refused to repay them for the favor. Now, your neighbor two doors down who bought this alleged debt and wants to collect.
Here’s the first problem.
When your next door neighbor originally asked you to repay them, being a fair minded person you asked for a little evidence.
You asked the next door neighbor for a copy of this alleged electric bill that he said he paid and a receipt showing he paid it, when he paid it, and how much he paid, and a sworn statement saying he used his own money to pay the bill. You didn’t want to pay your neighbor if it wasn’t his money that paid the bill, even if he had receipts.
He refused. The only thing he would give you was a statement/invoice that he created on his computer showing the amount he claims you owe.
Now, the neighbor two doors down is trying to collect on the same alleged debt.
You ask him for a copy of the contract showing he purchased the debt. A contract that shows your name, account number, amount allegedly owed, amount he paid for the account. Proof that he actually bought this account. He refuses.
You also ask him for the same evidence you asked your next door neighbor for. Proof of the original debt. Instead of doing the honest thing, providing proof, he files a law suit. Hoping you won’t be able or willing to pay an attorney to represent you or capable of defending yourself.
The only evidence that your neighbor two doors down has, is the statement created by your next door neighbor. But no supporting evidence. A statement that anyone, including your next door neighbor, could create if they owned a computer.
If this happened to you, what would you want me to do? Make you pay the bill? Make your neighbors provide some valid proof that you actually owe the money?
I have attempted to pay the bank, upon receipt of proof that they lent me money. They refused my payment. Evidence of this will be provided.
I have demanded evidence from plaintiff and its attorneys through discovery. They have refused. Evidence of this will be provided.
I have motioned the court to force plaintiff and its attorneys to provide evidence of a contract, evidence of the debt. The judge has denied all my motions. This is a matter of court record.
Today, I’m the defendant, tomorrow, it may be you. If corporations don’t have to prove they actually lent you money, if corporations don’t have to prove they actually own an account, they can do pretty much whatever they want. Today they are trying to steal from me. Tomorrow it might be you. Unless you’re willing to put a stop to this abuse of our court system.
Our future is in your hands.