Expert: Creditwrench - 7/12/2009

Question
QUESTION: Hi,
I've just lost a fight with Citibank based on proof and fiat money. I planned to file a appeal to either state or federal court, and came across your online articles. I believe that the lawfirm that works for Citibank has violated my right as a consumer and defendant. First, they didn't personally serve me the petition. Second, they had taken 60 days to answer my demand for strict proofs that I owed them $, I'd given them only 30 days to reply. Should I file an appeal or motion to retrial? And at which level? Do I need to hire an attorney? Is it possible that I represent myself? And now that I lose in the lawsuit in TX, what can they take from me. I currently have 1 home, 1 car, 1 motorcycle, 2 bank accts that don't have much $ in it anyway, and work as contractor with very low income (my tax return was <10K last yr).
I thank you so much for this free service. Other lawyers I've talked to wanted too much $, whhich I don't have)
Sincerely,
Mai

ANSWER: I can well understand the attempt to make them prove the debt but I simply don't understand the so called fiat money argument. No judge will ever understand it either. But what is even more puzzling is what you would hope to base an appeal on. The fact that they didn't personally serve you? What difference does that make? You answered the complaint so you accepted the jurisdiction of the court no matter whether they ever served you or not. So what can they take from you? If your home is homesteaded in TX they can't take that. They can take either the car or the motorcycle but not both. They can seize bank accounts. Other lawyers? I'm not a lawyer and I'd be ashamed to admit it if I were. Free service? What free service. There are no free lunches and this is no exception. Example. So far I have answered your questions but I haven't told you what to do about your problems nor have I taught you how to do what you must do to protect your assets. That is what costs money. Now then, what you need to decide is what you are willing to let them have. Are you willing to let them take your car and leave you with nothing but the bike to ride? Maybe so, but when it gets cold you might not feel so great about riding the bike. Same thing for rain storms. But then they might leave you the car and take the bike. How would you like that? Are they free and clear of any debt? If not then you probably don't have much to worry about. If you own either free and clear you had best learn how to protect them. That costs money too. On the other hand, they probably violated one or more of your rights in the process of getting the judgment or they will probably violate even more in the process of trying to collect on the judgment. What are you going to do about that? Just let them get away with it? You spent a great deal of time learning all about the fiat money and that did you no good at all. So how about learning what your rights are and protecting them. Yes, that costs money too but it costs a lot less than losing the car or the bike.



---------- FOLLOW-UP ----------

QUESTION: First of all, I thank you for answering my questions promptly. Second, i'm still making payment on the car, motorcycle is paid for so can i transfer title to somebody else? There isn't much money in the bank but my kids' banks are tied to mine. Can i withdraw most of the money and just leave the bare minimum amount to keep it open? I've thought about filing bankrupcy but still not sure about that route. And I'd sure love to learn how to fight back. The thing is how much time do i have now to prepare protecting my asset and fighting them? How much does it cost me after all?
Mai

Answer
You can transfer the title to someone else but if you do then you are still going to have big problems. They can make the other person transfer it back into your name unless they can prove they paid you a fair and reasonable price for the bike and then you can be forced to reveal where the money went to. If you bought anything of value with the money then they can grab that to sell. If you just paid bills with the money then they will demand the receipts so they know you aren't pulling a fast one on you or force you to come up with the hidden money or put you in jail until you do. Get your name off the kid's bank account or get the money out. One or the other. They can grab it because the kids didn't put any money into it. Bankruptcy isn't the way to go either. That won't help you at all. Fighting back is the only way to win. You need to call Max Hemmingway at (302) 360-8448 and let him help you out with the bike and keeping any other assets you may have. Fighting back is easy. Takes time, does cost money but in the end you can not only get rid of the debts and the judgments but you can also get paid in the process. A little investment and some time learning is all it takes.