0:11
All right, yup, bear with me. I'm gonna be flipping between two screens here. I'm gonna show you how to respond to a lawsuit from a creditor. Now, you can use the same method or similar method in any lawsuit. Any civil lawsuit, OK, but this happens to be a bank suing somebody for an unsecured credit card debt. Let's just say, that's what this is and just just say, you know, the person that you're gonna see here, he doesn't know the money anyways.
0:36
They're just trying to get it from him because they, they know how to fill out a bunch of documents and go to the court, OK. That he doesn't owe the money.
0:42
So, let's start with looking at what the heck we're talking about here.
0:47
I'm gonna do a share screen, and maybe some of you have seen this before, right?
0:54
This is a summons That's an order from the court requiring you to appear in a civil case. And if you don't appear, meaning, if you don't file a response, a written response within so many days, it tells you on here how many days you have.
1:09
You can, you can be subject to a default judgement.
1:12
Which means, you agreed to all the allegations in the complaint, uncontested, right.
1:18
So, US Bank, this is important now.
1:23
US Bank National Association is doing business as Ilan Financial Services.
1:28
Let me just tell you right now, let's bullshit. Because here's what's happening.
1:31
Elon Financial Services is probably a separate company and US National Bank doesn't even have standing. First of all you'll see it doesn't even have the right to sue.
1:42
Ilan Financial Services is, instead of, so instead of US.
1:48
Bank, establishing a nexus between itself and Elon Financial Services, it just simply says, oh Ilan is a a DBA doing Business as Alter Ego. Fictitious name of US. Bank, OK, this is a lie.
2:03
This is a lie, they don't do things like that. Now, they could be, it could be boundaries saying.
2:07
This is just a gimmick, a scheme that they use to avoid all the complexities of establishing a nexus between the two parties. What the heck is the US National Bank doing anyways? You'll find out.
2:19
They shouldn't even be named here.
2:21
OK, In fact, when I'm done with this video, you guys should get angry, that this is happening, and that maybe you went through this or may go through this.
2:29
That is, why even do this work.
2:30
I said, look, they got all these lawyers here at sea.
2:35
Why do they need all these lawyers?
2:39
What are they doing?
2:40
Zwicker and Associates, that's what these guys do, zwicker is just a debt collection law firm. They got 1, 2, 3 lawyers.
2:47
It takes three lawyers to do this, really, plus a law firm.
2:53
We don't need to look into this too much. But basically, it just says, you have 21 days. You see.
3:00
So, 21 days begins The day after you get served.
3:07
And you get 28 days if you were served by mail.
3:10
See here, it always tells you what to do.
3:13
Always read it.
3:15
A summons simply just as an order to appear, to respond in writing.
3:19
It tells you in there.
3:23
So, we look at the date September six. So, what do we got here were October 18th. Now, the summers was issued on that date. It doesn't mean you are certain that date. I didn't even know fact when he was served. I think it was sort of like a week ago, right? So, that's, I get that from the conversation.
3:38
So, let's, here we go right into the complaint. OK?
3:41
So, US National Bank as soon this guy, four.
3:46
What we would see so, in, what are they showing a four C?
3:53
Incorporates paragraphs through through three. Let's see, on this day. Here's what they're selling for it. Right here we get here, we get into the meat of it, right?
4:02
He, this guy entered into a credit relationship, so they're saying the defendant enter into a credit relationship with the plaintiff.
4:11
June 21st, 2019.
4:16
This is a very important allegation because it requires proof, but they at least have to allege it. The account is identified as ending and some numbers, OK, fine, and sometimes they get this wrong. It's OK, not material to the case. The account is governed by the terms contained in a credit card or credit account.
4:35
Agreement.
4:36
This is so very important.
4:40
See, I'm reading this, too. I'm reading this and I want you to I want you to do what I'm doing. If you get a situation like this, you need to read it, like, I'm doing it right now.
4:49
They're saying that he entered into a credit card agreement in June of 2018 with the plaintiff and that the account is governed by a written credit card agreement.
5:03
And then credit services were provided to now, notice it didn't say that the plaintiff provided the credit services.
5:09
It's spoken in the passive voice. Understand some basic English, OK.
5:14
It's an English grammar.
5:15
These guys are very slick.
5:17
Credit services were provided.
5:19
Well, did the plaintiff provide them?
5:22
Ah, And use acceptance and all this stuff, OK? The conditions of the agreement, notice how they put a Capital A with the agreement.
5:31
It's a specific agreement, right?
5:35
Accompany and are incorporated by reference within the attached plaintiffs' affidavit.
5:39
Wait a minute, A record of the governing terms and conditions of the agreement.
5:44
Company and are incorporated by reference within the attached affidavit.
5:48
Well wait a minute, they don't have the agreement, they have someone's affidavit as to what the agreement said. Hmm, hmm, hmm.
5:55
If this is so important, and you're a bank, and you're one of the most heavily regulated organizations, and you got three Loft, three lawyers, and a law firm, involved. With this case. You can't come up with an agreement A credit agreement, but you can come up with an affidavit talking about the agreement.
6:10
Ah, let's continue.
6:14
Line eight defendant subsequently defaulted, OK, so look how they are using a form here. They didn't bother to fix it.
6:23
It's one, defend it.
6:24
But they have to put the S in parentheses. This is what I'm saying. Lawyers aren't even practicing law, OK? They're practicing a tournament.
6:31
They're taking your stuff.
6:33
There are liars. You guys know that, I'm telling you how they're liar's, OK.
6:38
So they subsequently defaulted the defendant subsequently defaulted, How do we know the defendant defaulted? You have to have an agreement that specifies default terms. Where's the agreement?
6:50
Oh, we don't have it. We just have an affidavit of the agreement. Hmm, hmm. hmm.
6:56
Let's continue. He defaulted on the terms and conditions of the agreement.
7:00
Enabling plaintiff to enact the default provisions contained within the agreement, The agreement, the agreement, the agreement. And where is it?
7:06
Oh, yeah, we don't have it. We only have an affidavit.
7:10
So the defendant owes plaintiff 11,000, let's say $12,000, OK. So, so it says, that's the obligation.
7:18
Plaintiff has performed all conditions proceeding to bringing this action, Meaning the notice requirements, OK.
7:24
Or they've been waived.
7:26
They have to say that these are things that have to be alleged. Otherwise the court can't hear it.
7:32
Watch how we watch how we defeat them so easily, that we defeat them with their own words, Watch.
7:38
Plaintiff Demand's judgement.
7:44
And so notice how they have this list of attorneys, but then JSON brainer.
7:48
I love that name.
7:50
JSON brainer, OK.
7:54
He signed it now.
7:55
The attorney who's given the the as the position of signing the pleating, this is extremely important.
8:05
The attorney who signs the pleading this is called a pleading a Prayer for relief. Remember the court system is a church.
8:13
So the pleating is a prayer for relief.
8:16
The attorney who signed it is known as the attorney of record.
8:22
Law firms are not attorneys of record law firms cannot practice law. It is illegal for law firms to practice law. They cannot represent anyone especially in a court.
8:30
And many cases law firms cannot represent anyone at all.
8:34
Sometimes, you can, you can have a group of people, a law firm represent.
8:38
Someone outside of court sometimes just depends.
8:43
So be careful about that. Always look to see who's representing the plaintiff. In this case, it's JSON brainer.
8:51
It is not the Wicker and Associates ignore Zwicker and Associates. OK, and let's the Wicker and Associates is named as appearing in behalf of, so let's just say here, sometimes they say that in the beginning.
9:03
OK, this is an important note, but after what I just said, so we go back up to the very beginning of the complaint, where it says, plaintiff.
9:13
By.
9:13
And through it's attorneys, so Wicker and Associates, PC Professional Corporation. These are not attorneys, OK?
9:22
A single corporation, first of all, is not a plural group of individuals.
9:27
It's an it.
9:28
It isn't it English grammar now, this is very important.
9:33
So it's appearing, This corporation is being represented by another corporation that's illegal.
9:42
So how does that help you?
9:44
You're going to find out what I'm going to do here, I'll show you.
9:46
But this has grounds for striking the pleating, meaning removing it from the court record, meaning that there's no case just that alone.
9:58
It's vitally important. And this right here is a crime.
10:03
It's literally a crime.
10:05
So I know I'm pointing at the screen. Can you guys see the board to get this great?
10:10
All right, so we're gonna get into the exhibit's.
10:13
They said here it's exhibited or something like that, incorporated within the attached affidavits. So, OK. So we get into I don't think they even name the exhibit's, but that's OK.
10:27
Anyways, so we get into, let's just give him the benefit of the doubt.
10:30
They have, oh, here's here's the affidavit by Jim mischa, Jefferson, J a M E C I. a Jamaica Jefferson.
10:45
So important to note that.
10:48
who is this person?
10:50
This person says, in his or her position, he or she is familiar with the business operations, OK, business records of the bank?
11:06
She says, or she says, I'm an authorized agent of the plaintiff.
11:13
What does that mean?
11:15
An authorized agent of the plaintiff, it could mean he or she is a homeless person.
11:20
That just is passing by.
11:22
It doesn't mean anything. It doesn't establish a relationship or, nor an employment relationship. So you would assume that this person has an employment relationship with the US Bank and it's recordkeeping.
11:33
But it doesn't say that here in the affidavit. This is important.
11:37
And then, of course, the F David goes on to talk about what the business records are and how they're maintained for the bank.
11:45
Now, notice how this language, this language talks about the plainest specifically by name, but in this, this is very generic, it says the bank, the credit card agreement, account holder.
11:58
The bank see, this is so generic, and then it goes into it talks about the defendant, OK?
12:07
So, someone is saying that the account was opened, OK. Well, that's just going off of some computer record that the person. But if you would assume, had read, and then could then testify too, right?
12:20
He or she wasn't there when the account was actually opened, more than likely.
12:24
It is the bank's standard procedure.
12:26
Remember, there's this affidavits somewhat the bank standard procedure. They're not talking about the defendant, and his obligation.
12:33
This person has no personal knowledge of the defendant and its obligation. But he's trying to make it look like he does.
12:40
He only has personal knowledge.
12:41
We can give him the benefit of the doubt, he has personal knowledge of what the bank does and how it keeps records pursuant to the terms and conditions of the account.
12:50
What, what happened to the agreement?
12:52
How do you have terms and conditions of the account? What about the agreement?
12:55
Isn't that the controlling document pursuant to the terms and conditions of the account?
13:01
The defendant obtained extensions of credit by using the account for purchased goods and services, OK? The bank's records reflect that it provided monthly billing statements, OK?
13:10
There's no evidence that he received them, first of all, right?
13:14
But again, this person isn't merely testifying.
13:16
Let's just say, about wreck, A computer record. And I'll bet you anything, I bet you anything that this person never read anything. Never even see the person whose name is on here, as the affiant.
13:29
Did not write this affidavit, OK, it's a form, it was written by the attorneys, and it's been it's the same format.
13:35
Notice how the the names are in all caps and stuff, because those amounts are replaced by the computer software you see. And this document is a form that's used in thousands of cases, just like this by, especially by the worker and associates.
13:48
So, this is not the person's own testimony and this testimony, if it is, it doesn't identify any have expressed any personal knowledge that this person has over the defendants' specific debt obligations.
14:04
It's only talking about the general way the plaintiff maintains its records.
14:10
It says pursue it, the time of the bank charged off the account. Now here's the other thing too. The bank charged up the account, this is very important.
14:16
So the bank charged up the account. What that means is, it's not, it's no longer a receivable on its actual active books meeting.
14:25
After six months, the bank moved the receivable to another accounting ledger, so that, so that the bank could obtain a tax benefit for it.
14:36
But yet, the bank wants to go and still try to collect, but claim to the government that it lost money already, but it still try to collect.
14:45
The bank is asking, is asking everybody who filed 1040 to compensate the bank for losing money.
14:52
This means you, this means your pension fund. This is how they're stealing your money.
14:58
The bank is allowed to move this receivable off of its current Accounting Act of accounting books for, you know, front end in the first six months of a default a case, an account, and claim a tax benefit.
15:11
After the six month period, claiming to the government, oh, we lost money.
15:16
And so the government will literally reimburse them for that.
15:19
It's called the deduction, OK, a write off.
15:23
The bank is still trying to collect the bank stills, maintaining its claims. So, it's getting money from both ways, you see.
15:30
So, it's getting money from people who file 10 forty's, people using the dollar, OK, are paying for this, You're paying for this, but yet the bank is not losing the bank, as the bank is making more money than if you paid on time.
15:46
That's just one example, They've got other things going on, too, where the banks making money.
15:51
Oh, by the way, so, there was a case involving the FDIC, and I think this was staged, It was back. Oh, maybe 30 years ago, maybe more. And it was staged so that someone challenged this matter of the banks benefiting from a write off, but yet still maintaining the Claim. Your: How can you have both ways of compensation. Now, wife, How's that fair to the taxpayer? And how's that?
16:14
Just it's and just, well, someone sued, and I think it was the FDIC sued, or some, or somebody sued the FDIC, and the Court said, No, it's good.
16:27
And it became a holding.
16:29
So I'm thinking they sealed up their little gap there, That little window of opportunity where people like me would go there and argue that, hey, you can't get paid both ways. You know, at the same time, it's not fair. And so, they have a case now in the, it's a holding. It's an appellate court decision that says, it's OK. I'm sorry, I don't have the citation by just telling you. For those of you who think you want to challenge it, I mean, they already created some case law.
16:54
That makes it difficult to challenge, it can't be challenged.
16:57
Not worth it. It's not worth it. When I show you how to do this stuff, you'd like, why even bother?
17:02
Why? Argue with, Why, argue with a child, OK? That's what I'm talking about.
17:06
So pursuant to the books and records of the bank, there are no Uncredited payments. In other words, we credited the account properly. There are no offsets. We didn't, we sell everything. We got as much money as we can out of this guy. But he still owes us, that's what the same number, 13. So Exhibit one is a true copy of the statements.
17:25
Now, the statements are not terms of a payment.
17:29
They're just billing statements. So the defense there is, I never saw those before.
17:33
Simple enough, right?
17:35
The information in here is true and correct, to the best of my knowledge.
17:40
I declare independency perjury, everything is correct, right?
17:43
And now notice the Jira the signatures on a separate page mm. Hm.
17:47
makes, you wonder, did this person even get get the chance to read this Because he didn't write it, And I make the argument, I'm gonna show you later.
17:56
It's important.
17:59
Totally separate page.
18:01
I know it looks like it has to be but still.
18:05
Jamaica Jefferson, alright, so let's go down. Let's look at their exhibit one.
18:13
Oh wait a minute, let's go back up here.
18:16
Who's Bing's, who's suing US Bank doing business as Ilan Financial Services.
18:22
OK and there's a contract, they call an agreement that establishes the right of the US Bank to sue.
18:31
It establishes the debt right.
18:33
Well, let's go see what the contract says.
18:35
We're going down to the contract.
18:38
Where's the contract?
18:40
I don't see a contract with US Bank, do you?
18:46
I see a contract with Flagstar Bank, but check this out.
18:50
You see the name of the defendant on her, right?
18:55
This is a statement like a summary of it, it looks like, but if we scroll down, there's another bank account statement.
19:01
Here's a bunch of consumer jargon. I don't know what that is.
19:04
Important messages, that's not part of the agreement.
19:06
I don't even know what this, but it's all having to do with flagstar, Right.
19:12
Well, flagstar is not the plaintiff here, but let's give them the benefit of the doubt. Did flagstar assign its rights assuming that Flagstar even had a legitimate claim against the defendant? Did it assign its rights to the plaintiff here?
19:24
Well, there's no record of it, nor was it alleged in the complaint, there's no record of it. Nor was it alleged in the complaint.
19:31
US. Bank did not allege worthy assignee of a receivable credit agreement from Flagstar Bank. Where does that and the Complaint, It's not.
19:40
And they're going to exhibit the whole foundation of the complaint is on a contract with a non party to the case.
19:49
Cortright, there doesn't have jurisdiction for that reason alone.
19:52
But it gets worse for them.
19:54
Continuing on, we go to Exhibit two, which is, apparently, a summary of the credit card agreement, OK, again, with Flagstar Bank Visa.
20:04
Scroll down, scroll down, OK, now this looks to be the beginnings of a contract, right?
20:11
A credit card agreement, this looks like your credit card agreement, right?
20:15
So here we go.
20:16
This is a card member agreement between you and Eli Financial Services, this is what I'm telling you.
20:22
Flagstar Bank, an airline financial services, alright, whereas, US Bank.
20:29
Does what I was telling you earlier.
20:31
US Bank says, Oh, yeah, that's our alter Ego, DBA.
20:36
No, it's not because Eli Financial Services is probably likely an entity, or trust of some kind, so, but watch what happens. So let's say you have this credit card agreement, OK, and we're going to go on and on and on. It's talking about the interest charges. You know, how credit card agreements appear to columns small, print the whole thing small print, right? So, we go all the way down through here.
21:03
Where is where does it appear that anyone said, Yeah, I like these terms, and I'm going to sign this thing now? I'm not saying your signature alone establishes an agreement.
21:16
There's no expression of the defendants' will, two either, well, to agree to these terms, or that he's ever been noticed as to what these terms are or, that he's ever benefited from what they're claiming they did.
21:30
Extend him credit. There's no evidence of that, they just said they did it right. They meaning, you know, the, the Affiant, and the US Bank. And now this.
21:40
Alright, so, so far, US Banks not in there, except for the one little thing it said, was, at the very beginning and the caption, it's a DVA, right, that's the only connection.
21:50
All right, so, we go through the contract.
21:54
It looks like a contract, probably is, I mean, there are terms in here of a typical contract, OK.
22:02
Here, let's see your billing rights.
22:06
I'm gonna seeing if there's another party involved here.
22:08
It just says card member service.
22:11
Does it say US Bank in there? It does even say Ilan in there.
22:19
I mean, you would think that Ilan would be the name here, right? That you address it to, know doesn't say that anywhere. I'm not gonna look too much further, but I'm going to make a point here.
22:27
So now we get into this other page that is like consumer information. It's not a contractor, so we can We can ignore it. It's not part of the debt obligation. They're alleging OK, and here they're saying he's not in the military, so we don't have to wait. That's all this is saying now. So we go back up.
22:45
We don't see anywhere that anyone's agreed to any of these terms.
22:49
Is there a signature line?
22:50
Moreover, is this agreement dated?
22:56
Is there a date?
22:58
You see, this is so important, guys.
23:03
You see how I'm thinking?
23:04
I'm going through the every process I follow when I'm responding to this, this type of case.
23:11
Is this even dated? Where's the date?
23:15
If there's no date here, how did we know there's ever a default?
23:18
We can't possibly know that, can we?
23:24
I mean. And there's no evidence of an expression of the defendant's will to agree to any of these terms.
23:29
Nor is there any evidence showing that he was given notice of these terms, at least, that much.
23:38
I mean, correct me if I'm wrong, but I don't see any date on here. And I don't see the defendant's name on here. I don't see that he expressed his will in some way. Put his acts on their sign his name, there's no date.
23:48
I mean, this is an example of a credit card agreement, but it has nothing to do with this case.
23:52
And it has to do with Flagstar or, let's just say Ben for the doubt Ilan Financial Services.
24:00
And just out of curiosity, we can go look up Ilan Financial Services on the Internet and see what the heck that is.
24:06
I mean, maybe it's, you know, maybe it's an entity.
24:11
If it is, how can US Bank big doing business as the name of another entity?
24:18
Does Airline financial services have a banking license?
24:23
No, It gets all into that, right?
24:26
So we get, we get a general idea of what's going on here, OK.
24:29
So the first problem that the bank has is that it's appearing through a corporation. that's illegal.
24:39
I'm gonna I'm gonna flip back over here, too.
24:44
The actual: So I start with a template and I'm going to do a motion to dismiss now in California. It has to be what's called a demurrer.
24:52
That's just what they do.
24:56
Here's a motion to dismiss, notice I made it into a template, right?
25:01
I always start with this. I give it to my clients, and I start with it.
25:06
I always assume a lot of times, people come to me, they're on fire.
25:10
They're late.
25:11
Maybe there's already a default, OK. That default comes in two parts, there's an entry of default by the clerk.
25:17
With the clerk just looks at the record and says, Oh, yeah. You were served on this date. And then you didn't file a response within 20 days. So, therefore, I'm going to enter a default. There's a record of default on the darkening sheet.
25:27
The darkening sheet is a list of all the things that were filed in the case, but the clerk of the court.
25:31
And then, the other party has to ask the judge for a default judgement.
25:35
So, there's two parts.
25:36
So, sometimes, people come to me with those situations.
25:39
So, what I'd like to do is winged over the caption in a second.
25:42
But, what I like to do is have a document on stand-by ink on the assumption that now, in this case, he's early. So I'm not gonna, I'm gonna delete this whole page right here, but I'm gonna show you what this is, OK?
25:55
So what you do is if you're late, you can ask permission to file late You just have to ask and the judge will give it to you.
26:04
Now, if you're a year late, no, OK, but if you're, I've been two months late, on a case, just a few of them and I know the judge says no problem, OK. He almost has to do that.
26:16
Here's why.
26:16
So what you have to tell him is that year, you're requesting leave, permission to answer out of time.
26:25
Or late, is how therefore this is the word. This is the language that's using the court, OK? And I also want to set aside default. Gotta ask for things. You gotta ask, if you want thing. You can't leave something out. You gotta be very complete and thorough with this stuff came. So we say come now the defendants, in this case it's just one defendant. So I would say comes now the defendant and you can say it however you want but you guys can write in the first person if you want to. That's kind of fun.
26:49
So it comes out of the defendant, then whatever. You know, James?
26:54
Yeah, whatever it is, right?
26:56
I don't really care, I'm not gonna, I'm not gonna go ahead and type all this out while I'm doing this, but, so I make an appearance by special, it's a special, limited parents. In other words, I'm only here, I'm only appearing here out of courtesy to show you that you don't have jurisdiction I'm not appearing, generally, submitting to the Court's jurisdiction. That's what you're saying by special.
27:12
I'm gonna parents, OK, And so I really, I respectfully request permission, leave to answer late.
27:20
And I want you to set aside any entry of default.
27:23
So I just, in case there is an entry of default, or maybe there isn't at the time, I'm preparing this, but tomorrow there will be.
27:29
So, I want to make sure I'm thorough, I'm gonna say, Yeah, just in case you did set aside any entry of default, or default judgement, I got some good reasons. You gotta tell them some good reasons. There's for good reasons.
27:40
one is the defendant defendant request the court accept the filing of the attach motion to dismiss for the reasons here.
27:48
And the defendant has a meritorious defense. That's the reason hashtag one.
27:53
And the property That is the subject, OK?
27:55
So we don't we don't need this, uh, and.
28:02
And the pleating does not invoke the court the jurisdiction of the Court, OK?
28:08
So the Meritorious defense, the merits of this, is that the Court doesn't have jurisdiction.
28:13
Then we go and explain it's the duty of the trial court. Now this comes from case law. This is how I wrote this from Case Law. So the judges always respect this in furthering justice by adopting a liberal policy conducive to the trial of causes on their merits.
28:29
The judges want to hear a case on that on the merits, rather than award default judgement.
28:37
If it's reasonable, if you wait too long, Mike, I'm sorry, I'm thinking over 90 days.
28:41
And you don't have a really good reason why I took 90 days. Like, for example, I was out of the country are, as I in a coma. the judge is going to say, sorry, It's a little bit too long. if it's a couple of weeks, not problem, OK? All right.
28:53
So to grant a motion to open a default judgement and permit a party to answer.
28:59
Now, maybe you're just going to be a little bit late, and we haven't gotten to the deep entry of default, yet fine, but just in case, if the party in default shows that, and what I'm telling the court, what the court's standard is for defaults, OK? I'm telling the Court.
29:16
The defendant is possessed of a reasonable defense on the merits, well, I already said.
29:20
The court doesn't have jurisdiction and I'm going to explain why.
29:23
It'll be it'll be in my motion to this.
29:25
and I shall say that I have to do is say I have a meritorious defense that there's reasonable excuse.
29:33
What would that be?
29:35
We'll get to that, That he's acted with due diligence.
29:39
And that no substantial prejudice would result to the other party. That's what you have to say. So you have to say, the failure to answer, what Tommy was due to excusable neglect, I didn't put a but a set of facts in there.
29:49
The judges don't care. I mean, sometimes you, you need to put a set of facts if you're really at the edge there really far out, two months or so. Defendants have acted with due diligence following the notice of venture of default.
30:01
So, for example, let's say, um, excusable neglect would be, ah.
30:09
There was a question about whether or not I was served properly.
30:13
Uh, or, um, I didn't, uh, the complaint was sent to me in the mail, and I didn't get my mail until, a week later, and then it's taken me a while to find a lawyer, and then I couldn't find a lawyer, and they want too much money, you know, this sort of thing. Right? The normal stuff that happens to people. But you'll notice. I didn't put that in here. I almost never put a really good explanation here. OK, But I did do my best to come and answer as quickly as possible. So I sat here.
30:42
I acted with due diligence, OK?
30:45
And upon discovering or maybe I got I didn't know about this case until I got an entry of default sometimes that happens. If you didn't know about the case until you got an entry of default, or you got letters from other attorneys soliciting you to file bankruptcy, right. That's when you found out you can describe that here. I didn't know about this case.
31:00
So, what that does is it says to the judge, the plaintiff didn't serve you properly, or some something happened in that process.
31:09
Maybe the record looks like you were sir properly, but in good faith, it didn't happen, right?
31:15
So the judge is just going to let you answer out of time late.
31:20
So the other aspect of this is that, if someone's asking for default, it's not, and you're saying, can I just answer late? It's not going to hurt the other side.
31:31
That's the fourth one. It's not going to create a substantial prejudice.
31:35
All right, and so there's your four reasons why he can answer late.
31:39
Like, like I said, in this case, what I'm going to do here is, look, I'm going to delete this whole thing, because this is an actual case I'm doing today.
31:46
So, this is what I do.
31:48
Delete.
31:49
I just wanna show it to you, So now I go and save it again.
31:51
All right.
31:52
So, let me just show you how to prepare the caption.
31:55
So, I'm gonna go back up here to the beginning of this. Now, look how they look, how they write the caption. This is called the court title up here.
32:02
OK, this called the court title, right here, All right? So, you want to make it look the same and yours. Oh, I'm sorry, you can't see that. Let me just go back. I guess. As I said, yeah, I keep flipping back and forth here.
32:18
Here's the complaint.
32:20
So, if we look at the complaint, see here. This is called the court title.
32:30
This is the of course, the plaintiffs', where we have the name of the plaintiff and the name of the defendant above this line. that's called the caption.
32:40
Now this whole thing is the caption.
32:44
and inside the caption you have the case number.
32:48
And sometimes you've got the judge's name and so forth.
32:52
I don't know why they kind of entered it this way, but whatever.
32:56
You can see the case number.
32:59
Now let me go back.
33:08
So, let's prepare the caption. I'm looking at the actual complaint while I'm doing this. Just so you know, I'm not going to keep flipping back over there.
33:15
So I position these on my screen, so I can look at both at the same time.
33:19
So, I'm gonna, I'm just gonna say, All right, I'm scrolling up on it and I'm looking at where it says the State of Michigan first.
33:25
So, I'm going to type this in, that's how it's written on the other document in their document.
33:30
And then it's in the district court. Now, this is a state trial court in Michigan, happens to be called the district court, not a federal district, This is a state district court. in my state of Florida. It's the circuit court.
33:43
In Arizona and California, it's called the Superior Court in New York. The trial court is called the Supreme Court kinda confusing. This is what they do, right?
33:52
Court for The 41 dash B Judicial District, OK.
34:02
And so who's the plaintiff, gotta type the name out exactly, US. Bank, National Association.
34:13
D B, A, be Alon, financial services, and the defendant.
34:22
James.
34:25
All right.
34:26
I'm going to do the case number here.
34:28
23 does the free 1 9.
34:33
All right, GC.
34:37
I like to put an underline here, whatever.
34:44
Now, I got rid of the other thing, because we're not gonna ask for more time, but, uh, I want to make an appearance here, and I want to make it very separate and clear that I'm appearing specially. So I say, I say to the court, please take notice of the appearance of the name, Defend it, and I will write his name out here.
35:10
Who appears, I'll put who appears, especially not generally, by special limited appear at sea. I said, it's redundant. That's just how they do it. That's how I do it in response to the summons and complaint filed in the above captioned matter.
35:24
Starting to make sense now, right?
35:26
So what's today's date actually happens to be October the 18th?
35:29
So it's Hindu 18th of October.
35:34
You can see I this form, this template I create a while back, right? I'm still using, I mean, I've been doing this for like almost 30 years now this way.
35:41
It's very effective.
35:45
So we only got one defendant, so let's get rid of this other signature line. Sometimes his husband or wife at this time, is not some.
35:58
Then we could put his address in there and all that stuff later, now, because I have the caption prepared.
36:07
Here, I get into my answer now my this is not so much an answer, as it is a responsive pleading.
36:13
It's a response.
36:15
It has to be in writing so I like to make it a verified motion to dismiss what that means is I have a statement in there verifying that my motion is made in good faith, and I'm not just trying to waste everybody's everybody's time, although at that is what will happen, it's going to cost them more money for me to do this, but that's not my sole purpose here, OK?
36:35
So, So the defendant.
36:41
Right.
36:42
Again, here he comes by special appearance and moves the court to dismiss for its failure to the cause of action or, claim upon which relief can be granted. This is how you tell the court, It does not have jurisdiction that the pleading the complaint fails to state a call, a cause of action or claim in other words, it fails to give the court enough reason to do something.
37:06
It didn't give it a remedy.
37:07
For example, if I, if I sued the weather, because I don't want it to rain on Tuesday, the Court would say, Sorry, I can't help you.
37:16
If I, Well, I'll give you more examples, but you get the idea. Right? The Court has can only hear certain things.
37:22
So the reason what I'm saying is the complaint itself and I'll show you why this is true here.
37:28
The complaint fails to state a good reason, a cause of action or a claim upon which relief could be granted, where the Court could actually do something.
37:38
That and the reason is basically generally, it's what I'm saying. The reason is that the exhibits attached to the complaint conflict, with the material allegations of the complaint. Now, I explain this before Obama go over this again.
37:51
When you when you file a motion to dismiss, it admits all well pleated allegations this is the rule.
37:57
So I always put this in here to let the judge know that I know.
38:02
So the assuming all allegations to be true, let's just take them at face value.
38:08
The exhibits attached to the complaint or exhibits upon which the complaint is based but tell a different story than the allegations in the complaint, these exhibits conflict with the pleating.
38:18
So, the exhibits are Allegations, Exhibit one is an allegation.
38:25
The line numbers in the complaint, the pleating, those are alt, also individual allegations, OK, specifically, the defendant is not identified in any of the exhibits as alleged in the complaint.
38:37
Furthermore, none of the exhibits represent instruments that have ever been executed by the defendant nor even contemplated by the defendant, in other words he was not given notice of them.
38:46
This is the first time he's ever seen them. That's what I'm saying here.
38:50
As is alleged or implied in the complaint, none of these exhibits have been served upon the defendant and the plaintiff has failed to notice the defendant of any of these exhibits.
38:59
So, where the, where, if I go back to the complaint where it says that all conditions preceding have been satisfied here, I'm saying, no, they haven't.
39:07
Which is kinda contrary to what I'm saying here because, OK, Remember, when you file a motion to dismiss, you're admitting all the allegations in the complaint. But my comment here actually denies the obligation that all kinds of conditions proceed and have been satisfied.
39:23
So, we can, it's OK, we can do that.
39:27
But technically, it's incorrect.
39:28
Right, this is why don't put it in there.
39:31
So, there's a legal memorandum, and I can, I can show you what that is, now, it's not so important. I mean, basically, The legal memorandum is illegal argument. OK.
39:40
I mean, we can put cite the rules, This is where the rules would go. Like, for example, there would be a rule as to what pertains to what what Authority the Court has to hear, and grant and deny motions to Dismiss.
39:52
That would be the first thing in the legal memorandum.
39:55
The next thing would be like the standard of abide by which the Court views a pleading.
40:02
Where there's a response asking for a dismissal.
40:05
That's another You'll have some case law for that OK.
40:07
Then you'll have some case offer things like the contract or establishing what constitutes a contract OK. There's case law for that. I've got lots of that.
40:16
I'm not going to go into that right now. But, basically, that's what, that's what you're looking at. You could eliminate this whole thing, if you wanted to.
40:23
And say this is a general argument here.
40:26
All right. And here's my verification statement.
40:28
So, I know James L The defendant hereby verify that the statements are made in good faith and for not, for purposes of delay harassment, or to unnecessarily increase the costs of litigation. And the defendant request, And I just tell you this defendant requests it singular, right? In order dismissing the complaint together with other relief. This court deems appropriate and here we go again with the signature line.
40:53
And as you can see, when I fixed the address here, let me just do that real quick so I can show you.
40:59
I go back to the summons. I'm I'm actually going back and looking at the summons and I'm going to copy the information there. All right.
41:05
I'm copying it right now.
41:06
I just, I don't want to just flip the screen over there, but I'm just going to put what's on the summons unless unless it's on my client, tells me there needs to be a different address.
41:33
The nice thing is, once I do that, Once I do that, I've got my date and signature, right?
41:41
So, I copy that, I use control C, I just copy it.
41:44
I come down here. I'm using a labor office, by the way, to edit this, leiber office. You can download it for free. I do that because I don't wanna use Microsoft Word. So, anyways, I just, now, I'm going to replace this template with this.
41:58
And when I need the notice here, this is just regular font, it's not bolded, but somehow this thing got bolded, so I'm kind of a perfectionist when it comes to this stuff. So, I'm going to make sure that that's corrected. So I come back down here and I paste in this. And I get this guy, right. So now I'm gonna fix the bolding thing.
42:18
Alright, so there's a certificate a service. Now, this is important because without a certificate of service, it's as if you didn't file it with the court.
42:26
It has to be initialed and there has to be a date on there and you have to say certain things.
42:29
So the thing you say is this, and by the way, anybody can do this.
42:34
It could be your Uncle Bob, it could be the actual defendant, it could be anybody and you can just make up a name to it doesn't matter. Somebody has to certify that it was served on the other party, OK, so let's just put the defendant, which is where I usually do any certifying that a true and correct copy, the foregoing.
42:51
This motion, right, was duly sir right properly upon the named plaintiff by first class mail.
42:59
You can do certify if you want or you know, proof of delivery if you want but at least say first class mail.
43:04
That's legal process through its attorney or by its attorney and who was the attorney? What fool was dumb enough to sign the complaint. That's what I would call him.
43:13
I come down here, and as JSON brainer, JSON brainer.
43:17
So, we don't want, we do not mentioned the law firm in here.
43:23
But we are going to put the address.
43:25
This is address 320, east, big, we're big beaver.
43:36
And I can't smell Doot, Doot, Doot, Doot, Doot, Doot, Doot, Doot, Doot Doot Alright, I like to use a semicolon between lines. And I'm going to put, I'm not gonna go to the next line.
43:49
three, we get all that on this, whatever date, so, I like to leave that blank. I mean, it could be within three days of you actually mailing it.
44:00
So I could date it for three days ago, or two days ago if I want to.
44:04
The postmark date is what controls the postmark date as the most important one. But anyways, I'm just gonna put today's date, What the heck, I'll probably mail us out today or tomorrow, right?
44:11
So, it's going to be on the 18th day to day of October.
44:25
And shear, right?
44:28
Now, the byline, you should put your initials on there. Again, anybodies, initials. Whoever's name is here, should put his initials.
44:36
If I can do this for a client, I mean, I can print this document out. I can find my client's name. I can put initials here. That's still OK, too, because I know my client will authenticate the signature even if I sign it. So it's not a forgery, right? Sometimes I have to do that. The client is an urgent or he doesn't have a computer, or is that a way out of the country or something. You know, you can do something like that. So just this is how the rules work now.
45:00
I'm going to save this, again, I keep on saving this so that if the computer goes off or something, I don't lose it.
45:06
They ways, um, so I go back and look through it.
45:13
Now, this is a general argument.
45:17
What I'm going to do, I'm not going to do on this recording, because I don't want to, Well, maybe I should do it, but it was. Let me go to the other technical aspect to this. This can be before the certificate or service or After. It doesn't really matter, but I have it after you see here.
45:31
This isn't a proposed order for the judge to sign.
45:35
So what I want to do is just prep that document, I'm gonna come over here, and I'm going to prep this, copy, paste, and again, I'm going to get the buildings gone. So this matter, having come before this court, now, this is a type of language a judge would write, he can change this. Or he can ignore this document, he could do his own order if he wants, I just make it a convenient form, right?
45:53
This matter, having come before this court on the timely motion of the defendant to dismiss the complaint and the court having been properly advised and what they call the premises, it is hereby ordered, adjudged either granting, or denying the motion to dismiss. You gotta give him that little option there now. Sometimes, I might put something in the else in there, and further.
46:14
And then, I might give him like, a couple of lines, right?
46:20
Do like this.
46:23
Right, you don't have to, but anyways, you can.
46:29
Period, Or give them some space. Yeah, he might want to write something in there.
46:34
Sometimes they do that, and fix the date. And we don't know who the judges, sometimes, we do, know who the judges, you can put them. You can also put, instead of judge, you could put honorable period, right?
46:45
Wherever you like.
46:47
Then, down here, we put the names of the parties, and I'm lazy I like to copy and paste. So, let's just take Jason Brainers Name and Address here. I get to adjust it a little bit.
46:56
So, this is the plaintiff's attorney, right?
46:59
So what I'm going to do is edit paste, special of how I do it, then, I'm just gonna like this, See that?
47:11
And then the address.
47:12
Actually, you can just leave it on one line, like if you do like this, or we can just go like this. Right?
47:21
Leave it on one line, and then I come back where the signature line is for the client.
47:28
This is how we do that.
47:33
Yeah!
47:36
Defendant, And then we do that semi colon. If you want to keep on the same line, it just spaced out a little bit, right?
47:44
Good enough. Now, this has to be on here, the, on the order, the judge issues.
47:49
If he's going to sign this, you need to have the distribution list to all the interested parties.
47:55
The judge has to do that. As a matter of law as a matter of the rules, he cannot just sent to one party that that's known as ex parte communication, right? So this is why you're doing this, otherwise he won't use your thing or he'll have to write it, and he'll get annoyed and whatever.
48:08
So, there's an order proposed order, you can put proposed order, if you want. I don't really care.
48:17
I do it sometimes, But anyways, let's go back and just, let's just analyze this for a second.
48:24
So I have a general statement, it works, it gets the facts, you'll see.
48:32
Alright, let's do this. So let's say specifically.
48:38
The affidavit.
48:44
Executed by Jim Mischa, tickets GAM, right?
48:57
Does not proffer? Let's do like this.
49:03
Proper meaning testify, right?
49:05
Offer testimony, does not proffer pertinent facts?
49:12
About the alleged I'll say the defendants alleged.
49:25
Instead.
49:28
It includes, it consists of only general statements regarding recordkeeping, practices of the plaintiff.
49:47
The affidavit.
49:51
Bails two, identify whether or not.
50:01
Jefferson is an employee of the plaintiff, or the custodian of such records or how he or she, I don't know if it's a male or female, but how he or she obtained any of this knowledge.
50:29
Either way, the aphid David fails, too proffer any testimony supporting the allegations in the complaint.
50:43
And furthermore, there are this one atom go to the next paragraph.
50:47
And furthermore, the AFA David is a boilerplate document that appears in thousands of cases similar to this one.
51:04
And now, as I said, many of which involve the law firm associated with this case.
51:19
So what I'll do also is, I'll ask the Court.
51:27
Take judicial notice of each and every one of these similar affidavits on file with the court.
51:43
Dating back 20 years.
51:49
That's basically saying y'all are full of ****, OK? That's attorneys speak for y'all are foolish ****.
51:56
You're affidavits meaningless, OK? It's not an affidavit of anything, finally lists.
52:01
Let's throw this one more thing random regarding the AFA David.
52:06
It was not prepared, written, or even contemplated by Jim.
52:17
Misha: Jefferson.
52:24
It was likely prepared by some lawyers.
52:29
Some attorneys long ago.
52:35
In fact.
52:41
Observing ups.
52:45
Observing.
52:49
That, that you're at.
52:53
It's not on the same page as any line of testimony.
53:00
It is likely that the Jeer at was executed independently of the inn entire of the witness.
53:21
Having the entire document.
53:27
At the time.
53:30
See that, and I like to use this: This is a lot. And so I like to use the italics font. And, of course, the computer doesn't know what this means, so I'm just gonna say, ignore them.
53:40
And then let's make sure I got your Meshes name here.
53:42
John Misha, Jefferson, OK. So I went back and I looked at the actual affidavit. I didn't want to switch back over there.
53:50
All right?
53:51
There's your affidavit, I mean, tear it apart, right? Torn apart.
53:56
Let's go look at Exhibit one. So like, I'm not gonna go switch over again, but.
54:15
I'm going to make another note here.
54:17
I just, I just was reading the jira and the, the witness, OK.
54:24
Let me just switch over, just to be thorough.
54:27
Why not just to be thorough?
54:33
Look, here, you see, this is on a separate page, right? And there's Jamaica.
54:41
And it's subscribe and sworn to now.
54:44
This is filed in Michigan, right?
54:46
This case.
54:51
The notary witnessed this.
54:54
And where did the notary witnesses in Missouri probably?
55:00
So this person is likely in Missouri.
55:05
So how likely is it that this person actually read this affidavit?
55:10
Who's going to mail the affidavit Or what I mean.
55:13
It's just, it just goes to show you.
55:14
I'm gonna add that up, so, I'm gonna go back, and I'm going to add this little commentary in there regarding that.
55:31
Jeer at?
55:36
Worse, witnessed by a Missouri?
55:41
Notary.
55:46
From Jefferson County, Missouri.
55:52
Is.
55:54
And, let's say and the Jura.
56:00
Is not on the same page as any line of testimony.
56:06
It is likely that the jury was executed independently of the witness having the entire document at the time.
56:14
Very important, in my opinion.
56:17
Now, I'm going back to the complaint, and I'm gonna look at Exhibit one and I'm gonna go over these things, so, I'm going to say Exhibit one.
56:32
It appears to be a collection of billing statements.
56:38
K, none of which include any credit terms nor evidence that any were served upon the defendant at any time.
56:58
But, most importantly, and this is being polite, most importantly, display only the name, flagstar Bank.
57:21
This bank name.
57:24
Or this bank was not alleged in the complaint.
57:29
Nor did the complaint.
57:35
allege that the plaintiff acquired this account by assignment or other means.
57:49
from Black Star.
57:54
Bank.
58:00
Exhibit one appears too, include a credit agreement, let's call it a credit agreement.
58:15
Expresses no, let's see, this is to this. I always like to use the word fails as many times as possible.
58:21
Yet fails to identify any date upon which such agreement was commenced and fails to express anywhere that the defendant ever.
58:42
Even contemplated, let's say ever agreed to any of its terms, or if the defendant was ever even given a chance to contemplate such terms in the first place.
59:06
See how that goes.
59:09
See, let's see how this works.
59:14
I'm showing you guys how to fight back, All right?
59:17
This is a fightback. You read this stuff and it's bullshit and this is how you call them on it.
59:23
Now, we still have to address this part of Ilan mentioned it here. I watch how I do That.
59:30
So this is not part of the account agreement, but, But, important messages, we don't care. OK, so we have to get to Exhibit two?
59:37
Exhibit two? Alright, Exhibit two.
59:40
So Exhibit two, that's what that was, Exhibit two. So.
59:55
It mentions.
1:00:02
I mean, yes.
1:00:05
And I'm gonna quote it.
1:00:07
This is a Card Member.
1:00:12
Agreement and Disclosure.
1:00:19
Statement.
1:00:27
To bring you and Ilan Financial Services.
1:00:40
You put the ellipses in there. Now.
1:00:47
I made myself a note here, I'm going to do this later, I'll show you.
1:00:51
Alright, so anyways, I'm saying, I have to address this, because, you know, this is going to be an issue ah.
1:00:58
So Ilan, here's what I need to do. I'm gonna come out of here for just a second.
1:01:03
I'm just gonna do the whole thing here. This is how I do things guys, I'm showing you how I do stuff.
1:01:08
This is my back office, right?
1:01:11
Let's do like this.
1:01:15
When do?
1:01:17
All right, now.
1:01:23
I go to A a browser window, my computer.
1:01:29
As you can see, and I'm going to search search on this Ilan Financial, I was scared services. What the heck is that?
1:01:39
That Search window.
1:01:44
What does, oh? Who is it?
1:01:49
Read, who does that?
1:01:52
I'm going to search on this and then it's not dun and Bradstreet.
1:01:55
It's a term, I think I'm in a minute Business Listing four Ilan Financial Services DNB.
1:02:10
Let's check it out.
1:02:17
What is what is Ilan?
1:02:30
I'm trying to find out what Ilan as ...?
1:02:33
Is it a separate entity?
1:02:35
Or is it US Bank?
1:02:41
Here we go.
1:02:48
It's a financial institution.
1:02:52
We met at Partners with financial Institutions, What is it?
1:02:56
Credit card program, Mortgage Solutions, all right, so it's a credit card program, let's see.
1:03:01
Credit card, airline, credit card, OK, that's.
1:03:03
credit card, Um.
1:03:10
It provides credit card services, possibly.
1:03:13
So here, look.
1:03:15
Iran credit card is different than financial services. We gotta find Financial Services.
1:03:20
Here we go.
1:03:29
Ilan Financial Services.
1:03:38
Ah, here we go like this.
1:03:47
Let's see, let's say, a business listing for Ilan Financial Services I want to have.
1:03:51
It's not Dun and Bradstreet that knows this, but it's going to be ah D&B, I'll take you in a second.
1:04:06
Let's try this.
1:04:11
Let's see if we get.
1:04:27
Let's try this.
1:04:34
I'm trying to make a distinction here was perhaps to what it is.
1:04:37
So let's say, lots of time, they give you the actual company name here.
1:04:47
Contact us. All right.
1:04:56
Let's try this.
1:04:58
So, what I'm gonna. Do Is.
1:05:06
So now, let me copy this.
1:05:10
All right, Don't do this. Just as a note here.
1:05:27
This is just for my own.
1:05:29
OK, I'm actually copying and pasting this into my document that I'm preparing, you'll see in a second.
1:05:34
I don't need to switch over there right now.
1:05:37
I gotta remember that you're, you're seeing only what I show you here.
1:05:41
Alright, So.
1:05:53
Let me just search on that now.
1:05:56
See, we can find, I'm gonna find the general counsel astute this way, right, just to see what cut if it's if it's a company, right?
1:06:03
General Counsel.
1:06:07
So, I'm trying to find out.
1:06:12
Commerce Rock, right?
1:06:13
Kind of mentor Mantas one.
1:06:22
OK, Yeah, last time I checked.
1:06:33
OK?
1:06:35
Here we go look at this so, this comes out of man to dot com, manta dot com is the Credit Reporting Bureau for the businesses.
1:06:46
Watch this.
1:07:01
This period.
1:07:09
I'm going to change the wording a little bit.
1:07:16
And so I'm going to make it look like I wrote this. I took this off of the Official website of Manta.
1:07:21
I mean, it's official to them. It doesn't mean anything else other than someone else wrote this. OK. Ilan is categorized as, and I'm gonna put quotes here because of the way I'm using the word it's not complete.
1:07:32
As an Investment Advisory Service and Current est and Current Estimates Show, this company has an annual revenue of 100 to 500 million dollars.
1:07:44
And employs a staff of approximately 349.
1:07:49
Employees, OK.
1:07:52
This is a separate, this isn't, this is a standalone.
1:08:00
Business legal entity?
1:08:01
Let's go like this legal entity and business and is not A D B a.
1:08:13
Uh, as falsely alleged by the plaintiff.
1:08:19
The plaintiff has no interest in this cause of action.
1:08:29
Does this say this in this case?
1:08:37
So, I'm going to do something like C here.
1:08:42
You see my point. I just need to get a little bit information to find out what the heck's going on.
1:08:51
So as an independent company, it's not a DVA of US Bank, US Bank might own it But so what?
1:08:59
Alright, I'm gonna come out of this stop share here, All right, and get rid of that browser window so you see what I did. So what I can do here is?
1:09:15
I'm gonna do like this. I'm gonna take this and make it into a footnote.
1:09:20
I don't know why I do it that way. I just want to do it this way.
1:09:22
I'm gonna just illustrate to the court that the plaintiff is lying.
1:09:28
So they could avoid the technicality, am I put the argument in here?
1:09:32
You'll see the technicality of having to prove its interest.
1:09:41
Make it a footnote.
1:09:46
No footnote.
1:09:49
It's gonna look like that.
1:09:52
And my footnote.
1:09:52
I'll make them real small 10 point font.
1:09:57
I like Arial.
1:09:58
Good enough.
1:10:01
There we go.
1:10:05
The plaintiff.
1:10:09
Bosley alleged.
1:10:17
That Ilan is it's D, BA.
1:10:24
or fictitious name.
1:10:29
In order to escape.
1:10:37
Fictitious?
1:10:42
Can I Not spell fictitious?
1:10:49
Did I get it in order to escape?
1:10:54
Having to allege and prove that.
1:11:00
Somehow acquired.
1:11:05
The rights alleged. something like that, right?
1:11:13
That's a simple argument sake.
1:11:17
You see how you can get into the minute details?
1:11:21
It's a bit of an art, OK? But this one I'm showing you, I'm showing you an example of what it takes.
1:11:27
All right. It's kind of exhausting to. But you gotta do this right, OK?
1:11:31
We can embarrass it, embarrasses, attorneys, OK, hand him their head.
1:11:38
Let's go back to this allegation here.
1:11:51
Credit count agreement, relationship, they count, um, agreement, agreement, Are conditions preceding, OK?
1:12:06
So we come into the affidavit for the affidavit says something like, what was an 8 or 13 or something.
1:12:22
Here we go, on Line nine.
1:12:34
This is what I want to mention. So.
1:12:38
nine of the AFA David, states that.
1:12:44
And I'm just gonna copy it up.
1:12:46
Let me just do a screen share again. I don't want to leave you guys out.
1:12:50
Sorry about that.
1:12:51
Maybe you don't want to see me typing.
1:12:54
All right.
1:12:57
So, again, I'm going to copy from this other document.
1:13:06
So, Line nine states have to take the whole thing.
1:13:33
OK, then I'm scrolling back up to the complaint, OK?
1:13:36
And in the complaint, it says that there's an affidavit.
1:13:45
OK, on line seven of the Pleating, So I go on line seven of the Pleating.
1:13:58
Plaintiff alleges, credit services were provided, too, defend it.
1:14:09
Yet fails to allege that the plaintiff provided such credit services.
1:14:21
And then, further on, in the same line, stoo, allegation.
1:14:38
OK.
1:14:56
So that instead of actually, including the agreement, the plaintiff the plaintiff. The plaintiff alleges that.
1:15:07
D, term's, let's do it this way.
1:15:11
Terms listed.
1:15:15
Terms and conditions of the agreement accompany and are incorporated by reference within the attached plaintiffs' affidavit.
1:15:41
Why not just include the agreement?
1:15:46
Yes.
1:15:52
Because there is no such agreement, and the allegations are cleverly.
1:16:05
Crafted two, nearly give the appearance that the plaintiff.
1:16:16
Has any.
1:16:20
Legal rights under.
1:16:25
Any specific?
1:16:39
You see, this is what they do.
1:16:41
Now, As it turns out, I am going to, I'm going to, does grab a bunch of case law here, has to do with contracts, OK.
1:16:50
See, I criticize their documents as it's just paper with words on it.
1:16:56
There is no substance and there is no rule that I am quoting here, so I'm gonna do this.
1:17:03
A pleading that refers to an exhibit as attached to The pleating shall in fact, be accompanied by such exhibit.
1:17:11
OK, a period of a pleading that refers to an exhibit as attached to the pleating should Include E exhibit and not.
1:17:30
Some other document and an impertinent affidavit.
1:17:43
That's my argument, All right?
1:17:45
So, then, I just, I'm going to go to my database here.
1:17:49
I'm just going to go to my labyrinth of files here. I've got to say, all right.
1:17:55
Ah, here we go.
1:17:59
So, this happens to be in what, what state analysis?
1:18:05
Michigan, how did I forget that.
1:18:07
My bread is fried, alright, so I'm gonna scroll down as my database here, I did this long time ago. I hire somebody do this.
1:18:13
So, I've got case law, that will come into play here, and case law has to do with contracts.
1:18:22
I've got other case law, but this is what I'm going to use. Just has to do with contracts.
1:18:28
The other thing to guys is that it's not so much about the contract. It's more about whether or not there's a stated account.
1:18:37
See, that's why they say, We sent him these bills. You have to say, I never received them. Because if you don't say, I never received them, they're going to say, Well, this is stated, account, It doesn't matter. It doesn't matter if you have a contract because you got the bills and you didn't identify a billing error or something like that, right?
1:18:54
Which is the only thing they want to talk about, Billing errors, they won't talk about the fact that you never agreed to it in the first place.
1:19:00
Anyways, I'm going to put all this an area, because that's what I like to do.
1:19:07
And so.
1:19:14
There's my case law.
1:19:16
Do I need it now?
1:19:17
I just wanna put it in there because I have it.
1:19:20
Sorry about that. All right.
1:19:24
Now, notice that it just goes to the next page. I don't like it like this. Why does it always do this?
1:19:28
So, I'll just do something like this. Insert, page break, I'll put the verification on the next page.
1:19:34
Alright. So I come back through here.
1:19:36
I'm going to look through, OK, did I mean to sell this? Yeah.
1:19:39
I mean, to sell this, yeah.
1:19:42
Yeah.
1:19:44
Right, As I kinda read over, sometimes, if it's really important case, I'll read that silver several times.
1:19:49
I do stuff like that. I'm a perfectionist sometimes.
1:19:57
I'm just tearing apart everything here, but I'd still admitted the allegations in the complaint.
1:20:03
So, when I say the allegation is conflict with each other, it's like this.
1:20:08
If I come into court and I say, this person breached a contract with me, then I see some other allegations, and then I say, this person never breached a contract with me.
1:20:20
Well, the judge can't help me.
1:20:22
If I'm conflicting material allegations, he breach the contract, but there was no contract with between the parties The judge because a dude, I can't help you.
1:20:32
If I, if I code, they'll say something like, Oh, like if I see myself.
1:20:36
There's no controversy.
1:20:38
If I if I have two material, allegations that conflict with each other, like if I allege a contract, OK, if I allege as a credit agreement and then I exhibit a credit agreement, that's not the one I alleged.
1:20:50
Doesn't that conflict.
1:20:52
It's not consistent.
1:20:53
So therefore, the Court doesn't have jurisdiction.
1:20:57
I've found over the years That's the easiest one for the judges to go along with.
1:21:00
I've even I've even Mike my clients come back and report and they're like He laughed He said yeah I Can't argue with that one any dismissed the case. You know, just keep in mind if your cases if the bags cases dismissed the judge may just order the bank to file another case. Amend it OK, so it's not like yeah, You know beat the world and stuff, But hey, what the heck?
1:21:21
Why not fight back and why not understand? How you can fight back, right? What my first uh?
1:21:28
Example of going to the court in nineties and watching, it was pathetic, adults would come in there and plead for mercy, It's ridiculous, they wouldn't go and argue it.
1:21:38
I tell people, if you borrow, borrowed money from your friends and family or you owe money to a professional who provided a service to you, pay him.
1:21:46
But, when it comes to the banks, they didn't lose anything.
1:21:49
Don't pay him.
1:21:51
In fact, they were trying to exploit you. They want you to be in default.
1:21:54
That's why even do this work, OK?
1:21:57
Don't plead for mercy with these liars.
1:22:00
Don't pay him.
1:22:02
File this.
1:22:04
Let them set a hearing.
1:22:06
Ask for, Well, you can start hearing it, file this. Let them set a hearing in the meantime. That's going to push the case way back.
1:22:14
Then go and make sure you're uncollectable, make sure that you you, you've moved everything out of your name, you have corporate accounts, trust accounts, that you're not the only owner of those companies. Are you using an innocent party?
1:22:26
Do your banking, you know a little bit differently. That's how I do it. If someone sues me, I'll just ignore them.
1:22:30
I didn't even have cost of litigation.
1:22:32
That's the thing you want to avoid is cost of litigation if you if you know what, I mean, we're litigating here, right? We're I'm showing you how to respond with a, you know, a motion to dismiss a challenge or complaint.
1:22:43
Your focus should be on keeping your money and make yourself uncollectable and then, taking the money that you're keeping, and the money that you already got from them.
1:22:52
Legally, in this case, $12,000, you're welcome, right? keep the $12,000 and go do something with it, go buy a website, or go invest it somewhere, right?
1:23:03
Not the stock market, that's not investing as gambling, but invested somewhere, some private equity, and attach a business in your town, do a joint venture marketing campaign for somebody, and make some cash flow, and make some quick cash for the month, right?
1:23:17
So, anyways, I think everything looks pretty good, and this is a finished document.
1:23:22
I'm going to send it to the client, save it, turn it into a PDF, then here's my instruction to the client is, this gets printed out.
1:23:33
You sign here, and by the way, anybody can sign here, but just what the heck is going on there, um.
1:23:41
Scroll down, you're gonna sign here.
1:23:46
And this date can be off by a few days. It can be off by week, Hookers, no big deal. I put today's date.
1:23:52
Certificate of service.
1:23:54
I already put the date.
1:23:55
If you mail it.
1:23:57
Today, the 19th of the 20th, still good, 21st.
1:24:01
Put a line through it and put the correct date.
1:24:05
Because you're certifying something, OK? All right?
1:24:08
And here, right in your initials, in his case, it would be JLL, J, oh, whatever, handwrite it, and leave that blank don't touch this document, don't sign it, don't do anything on this.
1:24:21
And this is where the judge if he so chooses, OK, mail this first class mail to the clerk of the court.
1:24:30
What's that address, mmm hmm.
1:24:34
You already know, but I'm going to show you anyways.
1:24:41
Clerk of the Court.
1:24:43
Look at this Court Address.
1:24:46
There's the clerk of the Court, OK.
1:24:50
The clerk of the Court is your friend.
1:24:51
The clerk of the Court has a list of everything that was filed, it's called the Darkening Statement or the Darkening sheet.
1:24:56
This is the address you addressed to clerk of the Court at this address, OK?
1:25:01
That's where you send the copy that you signed.
1:25:05
Do you send the other copy to that one? Attorney the brainerd, dude, OK?
1:25:10
You send to the address that's on the certificate of service.
1:25:14
Well, I get that from right here, OK.
1:25:22
That's it, That's what you do. That's how you fight back.
1:25:27
That's how you argue a case, watch the case, see how it unfolds. Now, of course, there's a lot more to this.
1:25:33
But this gets you passed so many things.
1:25:35
I mean, at the very minimum, if I filed this in response to a creditor lawsuit of any kind, I'm going to push the case back months, months I can show you some more tricks on how to do that.
1:25:47
Anyways, this is very powerful.
1:25:50
The exhibit's conflict with the pleating, the exhibits the allegations in the complaint conflict with the exhibits.
1:25:56
There's all kinds of ways to say it, that causes everything to come to a screeching halt because the court can't take jurisdiction over, pleading the conflicts with itself.
1:26:08
Did I have to say some laws or no? Go to law school to know that now and his common sense? If I if I have a complaint about something. Let's say, let's say my customer at a restaurant.
1:26:18
I don't like the food or something.
1:26:20
Then as they say the The onion soup comes out, right?
1:26:23
And it's cold. So I don't like that. So I call the waiter over and I feel like, man, I need to be cold.
1:26:29
I really, I want, I like it when it's hot.
1:26:33
And then I tell him, because he's ready to help me, right, and I tell him, But it's not so cold. It's, it's warm enough.
1:26:40
He's going to think I'm crazy. Crazy customer.
1:26:43
And then he's going to say, what do you want?
1:26:46
OK, that's the kind of situation we're putting these lawyers in right now.
1:26:51
Hey, you went through all this law school and all this experience and you have all these resources, law firms, partners, colleagues, all this, right, unlimited access to, uh, legal research and yet, you're pleading that seeks $12,000 from me.
1:27:07
Doesn't even exhibit the obligation that you're alleging In fact, it contradicts itself.
1:27:15
Fun, right?
1:27:17
Alright, Enjoy that, hope it helps you guys.