I expected the dismissal of Smith and the Fair Isaac employees, but I'm surprised Pacific Bell can get away with knowingly selling fraudulent debts of Arizona residents.
Of course my intention was to DOCUMENT that the CEOs KNOW what's going on. I've submitted literally pounds of exhibits, and I sure hope that these *people* can't claim they didn't know the damages their actions have been causing when the next person sues and does a better job at legalese.
Already lots of people are finding CreditCourt and the blog in searches for "Craig Smith" and my exhibits can be used by anyone.
I don't know if I should appeal Pacific Bell or just refile in California. I have read some really nice decisions for consumers in the 9th Circuit on appeal.
Judge Broomfield made some very strange comments about me not having submitted an affidavit while Pacific Bell DID submit affidavits. Essentially that makes me a liar. I pointed out that one of theirs was perjury, and he entirely ignored that.
He stated that I failed to submit proof of the agency relationship between Pacific Bell and American Agencies. I was supposed to prove my entire case prior to discovery? Because I didn't include the contract between Am. Ag. and Pac Bell they are right? I don't think they ever denied the agency relationship.
I'll have to scan everything next week and read this again - very strange.
It is SO important that Pacific Bell will continue to sell invalid debts if the consumers have to sue in California. I'll have to think about it. It also depends on the statute of limitations. Wished I could do both, appeal and file in Cal. at the same time.
How long does the appeal take?
Perhaps the hardest part in contesting the
knowingly criminal actions of creditors and the CRA's is the ignorance of the courts whom society relies on to enforce the law.
Posted by: Randy at January 29, 2004 05:51 AM
Appealing the dismissal would be a waste of time. The PacBell lawyers and judge are right: no personal jurisdiction exists here. You will have to refile in California.
The good news is that PacBell can't raise a valid personal jurisdiction defense in California. They'll have to actually address your claims against them, which is where any perjury should really hurt them.
Posted by: OneL at February 2, 2004 01:41 AM
I posted an update and the order. Appreciate any comments!
http://www.creditsuit.org/blog/archives/000339.html
Posted by: Christine at February 2, 2004 03:44 AM