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  1. #1

    Default Raising Federal Defenses to Collection in a State Court

    I am in the State of New Jersey, . .

    I have been under the pressure of collectors for a number of years,

    and the pressure is continuing, I have been advised that a Bankruptcy is not in my favor because of the home and part ownership I have, . .

    I am fighting a denial of Motion to Vacate Default, and have another Sheriffs sale to redeem from my interest.

    I am not sure what to do next, as I can not pay this.

    I'd like to know, . . .


    Since I claim that I am the victim of predatory fraud on the part of a helicopter company who owned the credit company I had a credit line with, . . it is further my contention that they drove me into debt for the reason of profiting from an aviation technology I had submitted to them in my business plan.

    My debt collectors do not want to hear about it, however, . . .

    The Legal Premise that the actions taken against the defendant in pursuant of debts, . . .

    The defendant, _______________________ , seeks to make available a

    necessary means to bring before the Court, an explanation stating that the said actions exist without due considerations which result in the circumvention by the plaintiff (s), of the defendants constitutional rights,
    and thereby leaving the defendant the victim of fraudulent predation.

    The premise is, For example, . . If I were a farmer and a land developer had knowledge of my credit and its fragility, and conspired to plunge me into debt, than am I responsible for the debt, . . .

    If I would have to prove that a crime has been committed, . . I think that is the job of law enforcement, . . however it should not be hard to prove, that the technology was and is valuable, and that, "there in", was the motive for the deception, etc.

    Is there not Federal Law to defend me, i.e.,
    within,
    THE FAIR DEBT COLLECTION PRACTICES ACT, etc. ?

    I need your help and will appreciate it.

  2. #2

    Default Re: Federal Defense in the State

    Quote Quoting Jople
    View Post
    and the pressure is continuing, I have been advised that a Bankruptcy is not in my favor because of the home and part ownership I have, . .
    However, don't confuse "not in my favor" with there being a wide variety of other reslistic choices.


    I am fighting a denial of Motion to Vacate Default, and have another Sheriffs sale to redeem from my interest.
    What circumstances led to the default? On what grounds did you argue to vacate the default? The most common ones that the court might consider are related to improper service, or that you weren't the correct party to sue.



    I am not sure what to do next, as I can not pay this.

    . .

    Since I claim that I am the victim of predatory fraud on the part of a helicopter company who owned the credit company I had a credit line with,
    The way to deal with fraud, which is a crime, is to report it to police. Unless you filed a police report to this effect, AT THE TIME, the court isn't going to want to hear that you're claiming to be a fraud victim after a judgement has already been entered.


    . . it is further my contention that they drove me into debt for the reason of profiting from an aviation technology I had submitted to them in my business plan.
    How did they MAKE you incur debt?


    My debt collectors do not want to hear about it, however, . . .
    I suspect not...they want their money, and have a judgement in hand. They will listen to nothing but the cash register.


    The premise is, For example, . . If I were a farmer and a land developer had knowledge of my credit and its fragility, and conspired to plunge me into debt, than am I responsible for the debt, . . .
    Your fragile credit, and misuse of that fragile credit, isn't likely to be attributed to a third party.


    If I would have to prove that a crime has been committed, . .
    No, the state would have to prove that a crime has been committed. You don't have to prove anything. You only have to report the crime.


    I think that is the job of law enforcement, . .
    It is. Where's your police report, and what was the outcome of the investigation?


    however it should not be hard to prove, that the technology was and is valuable, and that, "there in", was the motive for the deception, etc.
    All of which is well and good, but the court isn't likely to vacate a judgement based on a police report that was never filed, much less any investigation...to say nothing of a CONVICTION.


    Is there not Federal Law to defend me, i.e.,
    within,
    THE FAIR DEBT COLLECTION PRACTICES ACT, etc. ?

    There might be, but not indicated by anything you've told us so far, unless there's more to it.

  3. #3

    Default Re: Federal Defense in the State

    arrdvarc,

    Thank you Catherine, yes there is a bit more, please allow me a little time to post I will get back to you.

    I did report this to the Inspector generals office, they ran me into a blank,

    and around and around for more than a year,since the company in question

    is a defense department contractor, I felt that it was an appropriate

    starting place, I still have the communications, but it wound up with there

    suggesting I take this to the FBI, . . I did not do that.

    Last year I contacted the USSOCOM, . . .

    United States Special Operations Command,

    PEO-RW, . .PROGRAM EXECUTIVE OFFICE FOR ROTARY WING

    I spoke with through email a secretary there and told her I wanted to find

    out if the technology I was developing was already in existence.

    I previously have made many queries and up to date there was none.

    She contacted, PEO-RW, and gave them a brief description of what

    I wanted to know, they answered, that they would need more description,

    which I gave them, they never answered although I made several request,

    to the secretary's office.

    I suspect there is some funny business going on, . .

    You see the concept alone, for the equipment enables a helicopter more

    capabilities then it ever had before,

    for one it has the capacity to stabilize an uncontrollable swing that

    sometime occurs when the rescue line with victim and or rescuer are being

    towed back, one of the reasons for the uncontrollable swing is, "indirect

    retrieval.

    This is one of several advantages that the equipment allows,

    I have no doubt that it presents the helicopter with a mechanical future

    whereby all emergency response crafts will want to be equipped with

    such. Therefore possibly very valuable.

    Concerning the original answer, it was one day late, since I sent it to an office in the wrong county still it should have arrived on time, there was three days to get there, . . .



    Page 1


    Explanation concerning the late reception of the Answer to the

    Original Summons

    The Original answer was not sent late, but was received late, I sent the

    answer on June 15th, but it was sent to Morris Count, as the was some confusion as to where it was suppose to go, since the plaintiff and attorney are located in Morris County, in any case two days normally is
    sufficient time.The intention was for the answer to be received on time.

    Also;
    The following is in regards to serve as my Answer to the previous summons and also, to serve as an answer as required in the, "Motion to Vacate the Default/Judgment" ;


    Summary of Business and Events Concerning Debts

    This is in behalf of myself; ___________, and to serve as the reason and explanation,
    as to why the debts owed me are not directly my responsibility,
    Consequently, I incurred debt when I started a technology concept development business, . .
    concepts are ideas, in the form of text, illustrations and diagrams.
    My business concerned innovative solutions to problems in industrial
    and civil service.

    These are intended to be passed on to an engineer who figures out
    how best to construct or manufacturer, the outcome of this is for the conceived technology to become an intellectual property and a business asset.

    I started the business with credit card and credit line financing, in 1999.

    It wasn't long before a credit line I had with a company,
    "Sun Trust", was mysteriously appropriated by the, "Textron Financial Corporation".

    I basically thought, at the time, very little about that, until I found out
    they were a 10 billion dollar company belonging to Bell Helicopter.

    The company I had registered in the State of New Jersey as, "Survival Gear",
    and the concepts, I involved myself in the development of, concerned
    Sea Search and Rescue, Emergency Response.These were
    helicopter aviation and rescue crew members equipment.

    I simply felt fortunate to have, what I thought was a friend in the business as my creditor, I felt as long as I put forth earnest effort, I was going to make it.

    I had developed a Rescue swimmers helmet, about which I contacted a
    USN patent Counsel inventor, who had some experience in the field.

    He had discussed the need for helmets for the rescue swimmer.
    The thing was I had a virtually new idea, and I could see it was a necessary safety precaution that was a feature of the helmet,
    It had a transparent dome, that housed a signal light.


    Page 2


    Since the head is the last remaining visible part of the body when
    you are in the water, it turned out to be very logical.
    The purpose of the helmet whether at sea or on land was to make crew members and rescuers visible at night.

    The helmet can be viewed at the;
    http://rotorheadforums.com/index.php...146.msg#msg624
    I had designed and submitted the development stages to Textron Financial Corporation.

    I asked Textron, (the receptionist I often spoke to, about an in-house
    small business consultant, who, I might review my business plan with. She gave me a phone number, I believe was an office in Georgia, and still assume it was a Textron Financial Corporate office,

    I faxed the business plan to Textron with numerous submissions that were new technology disclosures. When I spoke to the consultant, he made a comment that, I jumped around a lot, I assumed he meant the numerous disclosures, which actually were varied and contained wild fire
    and helicopter technologies and techniques for controlling wildfires.

    I told him that I myself would like to edit the business plan, then I would resubmit it, he agreed to that.

    I then submitted the business plan to a SCORE,
    Senior Council of Retired Executives,
    to polish it, I worked diligently with the rep for about a month.
    He told me it was ready for submission.

    I then resubmitted it to Textron Financial Corporation. It was a plan to take in 3 to 5 million dollars in profits in 3-to 5 years, using small product manufacturing and sales.

    This was intended to provide credible circumstances for refinancing, since the plan also included, the helmet, and an the equipment technology.
    The equipment technology allowed the helicopter to maneuver at a distinct advantage during a rescue operation, over present day technologies.I believed this technical concept to be quite valuable,
    and would be a, "mile stone", in the industrial future of the, "Rescue Helicopter", in general.

    So, when the business plan was finished I contacted Textron Financial Corporation, to to get re-connected to the Business consultant.
    I was not able to reach him or any office of Textron,.I tried phone calls, faxes, emails, but to no avail.I feel that they avoided speaking with me, because if they refused refinancing according to
    the business plan, they would have to give a reason, and in my opinion, "there was no reason".
    If they would have said yes and refinanced, then they would have to share with me, the futuregeneration of rescue equipment technologies that I introduced.



    Page 3

    During the time I was in business, I struggled through the last year 1999 to 2003, to keep my credit in check, although I did borrow from Peter to pay Paul, I never missed a payment.

    I trusted Textron and Bell, and relied upon them for re-financing,
    it didn't happen. my credit began to domino into, a descending fall that had no end,

    Now these years following that I am being sued and am in a broiling sea of alligators, who would not hesitate to take the house that I live in, while more than likely the original creditors have written off the debt as a tax they won't have to pay.

    It is for the fact, that the house left to myself and my siblings, by my parents, now gone, is in individual ownership that they have not been able to sell the house from underneath us. I remain in the legal throngs and issues of this on a daily bases.


    Now I would like to talk about the blame game.

    Now, some law firms call me, the ones that aren't suing me or have judgments against me, represent companies who have appropriated the debt, from those, (as stated), who have written the loss off of there taxes, so in a way you might say they have been paid, actually they haven't suffered a loss.

    However, I am still responsible to pay it to someone who has bought, "my debts", as a profitable investment.

    The thing is when the law firms calls me, I tell them this story and they reply, you are responsible to the debtor, and there is no third party responsibility.

    Let me get back to this last statement,
    but continue to tell you the results of what I thought I might do to resolve this debt.


    Since I thought that the debt was mine but the cause of the debt wasn't,
    and that Textron of Bell was responsible,
    and that I encountered serious damages to myself my credit my business
    and my family.I now had to prove the technology was and is valuable.

    The first thing I did since, I live in Cape May County,
    and the Coast Guard Training Station is here, I contacted Congressmen Lobiondo,

    I received a letter from a U.S. Coast Guard representative,
    advising me of the procedures for government support and my chances at best would be an unsolicited proposal to the U.S.Coast Guard and there my Chances would be slim.


    Page 4

    If you haven't ever viewed the requirements for submitting an unsolicited proposal to an Office of the U.S., rest assured, you better prepare yourself.
    The Federal Acquisitions Regulations are volumes of detailed rulings.

    https://www.acquisition.gov/comp/far/loadmainre.html
    CAB: Federal Procurement Law Links
    Federal Procurement Law Links Abstract: Federal Procurement Law LinksUnited States
    Code (USC) Federal Acquisition Regulation (FAR) Code of Federal ...
    cab.dc.gov/cab/cwp/view,A,3,Q,594653.asp -

    I then contacted the Inspector Generals Office to report the Textron/Bell incident, long story short they ran me around for over a year, then told me I should report it to the FBI.


    I then contacted the,

    USSOCOM, . . . United States Special Operations Command,

    PEO-RW, . .PROGRAM EXECUTIVE OFFICE FOR ROTARY WING

    I spoke with through email a secretary there and told her I wanted to find out if the technology I was developing was already in existence.

    I previously have made many queries and up to date there was none.

    She contacted, PEO-RW, and gave them a brief description of what I wanted to know, they answered, that they would need more description, which I gave them, they never answered although I made several request, to the secretary's office.


    What I am getting at is, I'm suppose to be the dead beat that creates the debt and now I am not paying it. That's what the attorney who calls me says.

    The Superior Court of New Jersey, Civil Case Management Office, where the summons,
    to pay my debts or loose my property does not want to hear this story.

    Because it is no defense for my debts.

    It somehow does not seem democratic to me that a large corporation can come across federal lines and statures, scoundrelize me, and then leave me at the mercy of the
    State to pay my debts or loose my home.



    Page 5

    While behind the scenes there are tens and hundreds of millions of dollars to be made on technologies that are appropriated by underhanded means, and it seems to be happening all the time.

    Federal Laws protect employees pension and insurance when a corporation goes bankrupt, who is there and what rights do I have that will protect my rights, my invested time, my money and credit, for the five years, at the end of 30 years in design work.

    I have no pension, now I have no car, I can not have a regular dentist,
    buy new clothes, and now they want my house.

    I think that if a, "legitimate evaluation of the technology", would prove that it is valuable, then my explanation concerning, Textron of Bell, would show they had a reason to fraudulently
    lead me into debt.

    If that were true then damages could be levied against them in a bankruptcy.
    I can not understand a reasonable defense is no where to be seen, in this case, by the citizen.

    Is the debt in any way transferable concerning liability, if said proposed assets where a way of paying the debts,and a illegal deception, if deception was the intention or fraud on the part of
    Textron occurred then is the defendant responsible for the credit failure ?




    Page 6

    In my Defense,

    I would like to take the opportunity to express what I feel is the, "truth bearing on the truth",

    So, that the court better understands what would otherwise, be obscured by the opacity of obvious and simply confusion.

    Therefore, I present an example to make my explanation explicitly clear.

    The example I give to you is;

    You would understand today the, Afro-American if he came before your courts 50 years ago,

    and proclaimed that there is not a State in the Union, where he could get a fair trial,

    In the same way I suspect that the Justice that is judging my statement of explanation is,

    "biased", and tends seemingly to dictate the State Law, rather than elude to fairness of law that

    should prevail only to dispense law, sweeping along the innocent with the guilty, keeping the way clear to continue with the chores of the dispensary.

    Today the, "Minority" I speak of is one that has always been and always will be, it is the minority of Technology Developers, who are owners Intellectual Property.

    It is the minority that effects the prosperity and success of an economy,
    it is the minority that effects political leadership, it is the minority that effects individual wealth.

    Allow me to make reference to the Federal Government and its association with the State

    of New Jersey, . .by way of the Defense Department and the Federal Aviation Administration,

    in particular, "the association", between Federal Defense Department contractors, Namely Bell

    Helicopter and it's associate company, Textron Financial Corporation.


    Page 7

    Therefore, I presume an influence within the Federal government easily becomes the subject
    matter of political and economic discourse. For example, recently, within the State of
    New Jersey, "The Aviation Research and Technology Park, Inc. was created as a non-profit
    corporation includes representatives of state and local government agencies, academia,
    and the private sector. The group pooled its resources, supplemented by non-FAA grants,
    and engaged a nationally recognized consulting team to undertake an independent feasibility
    study".

    The Aviation Research and Technology Park, Inc, is a coincidence and timely advent of an
    opulent State and Federal Project,

    I have queried, Ronald J. Esposito, Executive Director, of this project, and realized that such
    a project should have a business plan.

    The reply to my query is as follows;

    Dear ____________________,

    Thank you for your interest in the Next Generation Aviation Research and Technology Park.
    As you know, we are in the process of creating the park now. The infrastructure is being
    put in now and construction of the first building should begin at the start of the new year and
    we are in contact with potential members and tenants. Projects have not been determined yet.
    At this point, I see the future research projects being derived from a variety of sources including
    the needs of the FAA and other Government entities as well as from recommendations from
    research park members.

    Reading the above one must realize there is no definite business plan
    identifying the return on the invested millions.


    My personal view, is that the power of corruption and politics and the opportunities for the
    States Justice to be influenced and to exercise subtle and unseen support of it in return
    for the political rewards for loyalty to such magnanimous projects, and are often,the reason
    that the State of New Jersey has in dispensing a, "forsaken justice", which will sweep me out
    of there way, as if I were a cinder in the eye of the, "Just and Patriotic Son of America".

    In conclusion, although the state has separated the law from the grounds that would
    capably defend my position, and provide me with a chance to prove the injustice that
    I am victimized by. I have no defense, other than, if the debt is in my name and my
    legitimate signature is on it, then I am responsible for it.

  4. #4

    Default Re: Federal Defense in the State

    If you have read my last post you have a bit of a picture of how this happened, . .

    OK, I have given the approach to 2 possible solutions, one was in the fact that

    if in fact I have agreed to relinquish my property to my siblings, ( since a, "quit deed" was filed late), can this stand up as to the fact I no longer own this property, after all, as fact the courts must realize that my siblings are not going to pay out 25,000 and not expect my responsibility.

    The second, I will have to return to the post to extract that, . . .


    However possibly a more pertinent point, . . .

    The bankruptcy I sought as previously described, was not applicable to the one I will now ask for your advice on, . . .


    In reading the last post you may understand that, assets that concern a technology development, in the case of inventions, that are either not patented or patented, . . un-patented inventions may not be patented by the inventor, but over a period of time may be patented by someone else, . . if neither has patented the invention, (technology), than the asset is still in a viable form. It is possible depending on how valuable it is, to be an item that can in various ways serve as a means to pay the creditors back.


    This all means little without an assessment and or evaluation of the proposed assets, ...

    If a hurricane blows the roof off a mans business and he encounters business losses causing him to go bankrupt, . . and his business is of a nature that
    the assessment is a complex task, both legally and technically, how does a bankrupt business person, obtain the means for the assessment ?


    Will the the Courts do that, . . . . the State is glad to assess my property to collect their taxes, and to take my home !

  5. #5

    Default Re: Federal Defense in the State

    BTW, . .
    Over the years, reports of various nature have been made, to agents of the Federal Government and State Government, These I am slightly reluctant to write about here and now, but I will be sure to include them in my responce to the State Courts,

    I over looked these mainly because of my state of mind and the fact that the status of them being offical and how official they are I also can not mention, . . however when you mentioned police reports, I did not reflect on that at the time. as a matter of fact, these did not occur to me, . . however I did mention to you that I had communicated this with the Inspector Generals Office (Defense Department Fraud), . .
    I am hoping that the State will consider this, as I have not completely disregarded my views as to criminal participation in the form of competitive deception toward a creditor who trusts that the services he is receiving is part of Federal Financial Ethics, and so on.

    I will appreciate your responce regarding my position concerning a defense.

  6. #6

    Default Re: Federal Defense in the State

    Please, . .

    Tell me are there grounds, (a legal means), for an intercession, ( a halt if only temporarily ), of a Sheriff Levy upon the inerest of the properety,

    Please reply asap !



    Will an "Automatic Stay", halt the actions of the Levy ?

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Federal Defense in the State

    FDCPA violations might give you a counterclaim - and under the statute you can bring such a counterclaim in state court - but it's not a defense to the debt.

    If you pare things down such that people don't have to spend a ton of time figuring out the issues, you're more likely to get a response. When you dump huge amounts of text into a thread, you deter people fro helping you.

  8. #8

    Default Re: Federal Defense in the State

    Quote Quoting Mr. Knowitall
    View Post
    FDCPA violations might give you a counterclaim - and under the statute you can bring such a counterclaim in state court - but it's not a defense to the debt.

    It may not be a defense for the debt, but is it possible that it can halt the levy, (action to satisfy the judgment), even if temporarily ?


    Thank you.

    Quote Quoting Jople
    View Post

    FDCPA violations might give you a counterclaim - and under the statute you can bring such a counterclaim in state court
    ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
    It may not be a defense for the debt, but is it possible that it can halt the levy, (action to satisfy the judgment), even if temporarily ?
    Can you please be a little more specific; i.e. FDCPA violations

  9. #9

    Default Re: Federal Defense in the State

    I am thanking you for your replies and advice here in the past and my wishes for you'all a Happy Holiday and a prosperous forth coming New Year.

    I will have to take some time to read over and study the past posts but will tell you that what I have gathered here in the past has been at least an inspiration if not some help in moving me forward a degree.

    I will say that part of the reason that I did go into default, causing me most of the problems I am having, was number one, I was advised from the beginning not to file for Bankruptcy, since the property owners were hesitant and a bit paranoid, etc, and I believe that their attorney advised them that way and was not able to actually afford a bankruptcy attorney etc. My first choice from the beginning was to ignore the legal summons etc. because I wanted to go to court since I was confident that the mess was not my fault, and I wanted my side of the story to enter into public record, . . weather I was right or not
    apparently was inconsequential, since when I chose to vacate the default, I was given the opportunity to request a jury trial, of which ,
    I paid a fee and a date was set, then I received a notice that the plaintiff attorney rejected my need and the courts agreed and sent me a notice there would be no trial, . .

    I was also not eligible to get back the fee I paid.

    My question here is, since I believe that one of the credit line companies, who I believe caused the credit failure by foul play,

    Appropriated my previous credit line because they had prior knowledge I was a product developer who was developing competitive products, this fact I did not suspect at the time I became aware of their appropriation of that credit line, . . and further they did this to, await an opportunity to upstage my business plans by leading me to believe there was a small business consultant service that they would make available to me, concerning my needs to refinance, in regards to my business plan, that included a development of a product I was unaware that compromised or was competitive toward products that they manufactured but was a type that they did not have.

    Therefore my question is; according to my claim of foul-play, and wrongful and illegal acts of financial nature, etc., what would the legal limit of stature be on the state and federal level if such a deception were apparent or proven to exist ?

  10. #10

    Default Re: Federal Defense in the State

    When one is faced with such challenges I would advice that they consult a patent consulting firm that provides high quality patent assertion, defense, and monetization services to the legal and business communities.

    One such company is Fulcrum Patent Solutions. This company would easily and successfully execute difficult patent assertion and defense programs under tight timelines.

    I hope this helps.

    -
    Reverse Engineering

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