PAGE 1 Be sure to check all answers I have provided all the way to the end. The blanks I left must be answered correctly. I see that this document did not contain any miranda notice. The lawyer is a debt collector and is liable under FDCPA even though they have a judgment and they are attempting to collect on the debt. You should seriously consider filing a federal case on them over this violation. You don't need a lawyer to do that and learning how to prepare the paperwork is not difficult. You probably will never actually have to go to court. Such federal cases are done on the internet, by mail, phone and sometimes by email. You apparently have perfect proof of the violation right here and so what will happen once you get them to federal court and have your case all properly prepared you will get a flurry of paperwork and they will try to convince you that you can't win. Just hang tough and the court will order you to discovery which is known as Rule 26(F) under the federal rules of civil procedure. The court will instruct both parties that they are to hold meetings to see if a settlement can be reached and if not the case will go to trial. In the process the defendant (lawyer) will probably realize that he can't win and will want to settle. You would demand that the judgment be vacated and that they go away and leave you alone. You will also want them to pay your court costs of $350.00 plus attorney fees at the rate of $125 per hour for case preparation. Then you want $10,000 damages. You probably won't get that much but why not try? What have you got to lose? It is either that or pay up or learn how to play real hardball with them and how to keep them from even getting a garnishment in the first place. The choice is up to you. In the District Court of _________, County, State of Oklahoma NO. ____________ Date. _________________
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PAGE 1 Be sure to check all answers I have provided all the way to the end. The blanks I left must be answered correctly. I see that this document did not contain any miranda notice. The lawyer is a debt collector and is liable under FDCPA even though they have a judgment and they are attempting to collect on the debt. You should seriously consider filing a federal case on them over this violation. You don't need a lawyer to do that and learning how to prepare the paperwork is not difficult. You probably will never actually have to go to court. Such federal cases are done on the internet, by mail, phone and sometimes by email. You apparently have perfect proof of the violation right here and so what will happen once you get them to federal court and have your case all properly prepared you will get a flurry of paperwork and they will try to convince you that you can't win. Just hang tough and the court will order you to discovery which is known as Rule 26(F) under the federal rules of civil procedure. The court will instruct both parties that they are to hold meetings to see if a settlement can be reached and if not the case will go to trial. In the process the defendant (lawyer) will probably realize that he can't win and will want to settle. You would demand that the judgment be vacated and that they go away and leave you alone. You will also want them to pay your court costs of $350.00 plus attorney fees at the rate of $125 per hour for case preparation. Then you want $10,000 damages. You probably won't get that much but why not try? What have you got to lose? It is either that or pay up or learn how to play real hardball with them and how to keep them from even getting a garnishment in the first place. The choice is up to you.
In the District Court of _________, County, State of Oklahoma
NO. ____________
Date. _________________
QUESTIONS ANSWERED UNDER OATH TITILE 12 O.S. s 842
THIS IS AN ATTEMPT TO COLLECT A DEBT BY A DEBT COLLECTOR
ANY AND ALL INFORMATION WILL BE USED FOR THAT PURPOSE
INSTRUCTIONS: ANSWER EACH QUESTION. DO NOT LEAVE ANY BLANKS.
Name: First _________________________ Middle ____________ Last _________________
Circle if it applies: Jr. Sr. II III IV Rev. Dr.
Other names you have used including maiden names: __None____________________________
Date of Birth: __Irrelevant__________________________
Current Street Address: _______________________________
How long at this addr: ____________________irrelevant________
Addr. PO Boxes Used: ____None_______________________________
If you expect to move in the near future what will be your new address:
______________________________________________List all that you have. Be honest
PAGE 5
Title 12 O.S. s 850 states:
The judge after the hearing provided herein may order any property of the judgement debtor, not exempt by law,
in his possession or under his control to be applied toward the satisfaction of the judgement and may enforce the same by proceedings for contempt in case of refusal or disobedience.
The judge may further order the judgment debtor to pay to the judgment creditor or apply on the judgment installments, such portion of his nonexempt income, however or wherever earned
or aquired, as the court may deem proper after due regard for any payments required to be made by the judgement debtor by virtue of law or prior order of a court under wage assignments outstanding.
Where the judgement debtor claims or is proved to be rendering services or employed by a relative or other person or by a corporation owned or controlled by a relative or other person, without salary or compensation, or at a salary or compensation so inadequate as to satisfy that such a salary or compensation is merely colorable and designed to defraud impede the creditors of such debtor, the court may direct such debtor to make payments on account of the judgment, in installments, based on a reasonable value of the services rendered by such judgement debtor under said employment or upon said debtor's then earning ability. The court may, from time to time, modify an order made under this section upon application of either party upon notice to the other. A failure or neglect to comply with an order of direction of the court shall be punished as for comtempt.
WITH THIS IN MIND HOW DO YOU INTEND TO RESOLVE THIS DEBT?: