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May-11-2011 12:36printcomments

Summary Judgment

Innocent till proven guilty but it's not so,
In civil matters, you have to show..

Gavel
Image: genomicslawreport.com

(CLEVELAND) - Rule 56. Summary Judgment

(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion. (Actually, read the entire chapter of Rule 56)

Summary Judgment

Received a summons, at settlement you plead your case,
And you're exiting with a humongous smile on your face,
No evidence by Plaintiff, to you the debt does not belong,
Surely the trial court will rule in your favor. Dead Wrong!

Or, maybe the debt is yours yet nowhere near that amount,
In checking old statements, not a genius but you can count,
However, the judge rules in their favor, they own the debt,
Hey wait a minute, “A Lack Of Standing” what the heck?

Check case files & see how many lawsuits have been filed,
Against collectors suing you and relax it might take awhile,
Certainly all have violated one or more federal laws & state,
Don’t let a lack of effort on your part steal or seal your fate.

State and Federal guidelines are for your protection alone,
Never roll over to agencies that illegally attempt to own,
By collecting on monies they have no right to confiscate,
They are trying to overwhelm you but don’t take the bait.

Judges rarely read let alone see briefs as staff attorney’s do,
As meetings with the Plaintiff’s attorney is not privy to you,
Those odds are already stacked against pro se defendants so,
It behooves you to be armed with everything you must show.

Robo-Signing documents are no longer allowed in support,
It is consumer’s good news, collectors can no longer resort,
Presenting fraudulent paperwork proving ownership against,
What has been made less difficult to mount a solid defense.

So is the world of debt collections & their, Shyster At law,
No proof by evidence, fraudulent signatures, that's not all,
The court will tack on, Statutory Interest, in favor of them,
A nightmare you just knew was over, now it really begins.

Ok, let's double check, did you cite guidelines of FDCPA?
What about your individual state laws & rules, by the way,
Plaintiff's Counsel and the Staff Attorney seem chummy?
Time to check prior case rulings, not time to be a dummy.

An appeal brief must be filed within 28 days do not delay,
Can't afford an honest Attorney? Well, there is still a way,
Your county, what Appellate District, go to the court, ask,
You want to see sample briefs, check online but do it fast.

www.startribune.com/business/118777379.HTML,
Informative and interesting article, good place to begin,
Search the debt collector & law firm representing them,
May cost over $100 but you stand a good chance to win.

Every pertinent, “fact of law” the Plaintiff must respond,
Quality not quantity will impress the judges, be right on,
Check your states Supreme Court citing, Lawyers Code,
Have they violated the, Ethics Section? Time to be bold!

Search, Midland Funding – Cease & Desist in Maryland,
Judge tosses Midland Funding Suit in NY, there's no end,
Remember, never are your valid, legal defenses through,
www.stopcollector.com/blog/tag/fdcpa/page/2/.

www.law.Cornell.edu/rules/fre/ Federal Rule 301,
On the same law site Federal Rule 406, you're not done,
Federal Rules of Evidence, Habit; Routine, Practice cites,
A bad reputation or character, consistently wrong not right.

In criminal court, innocent till proven guilty but it's not so,
In civil matters they don't prove because you have to show,
Isn't it enough collectors have no evidence, no water no boat?
How do they continuing suing when they don't have the note?

Because most cases 90% are won by default as defendants do,
Nothing to dispute that the evidence shown is simply not true,
Present everything imaginable at the hearing, here is the deal,
You can’t introduce new evidence when submitting an appeal.

Is this not, “The United States” and do not their laws protect all?
Unlike our American taxes that favor the rich and not the small,
Go out and research Google along with any other means or way,
Don’t go down until Appellate Judges hear what you have to say.

By Luke Easter

_____________________________________________

Luke Easter is a poet who writes about things that are very close to the heart of Salem-News.com. Another former U.S. Marine, Luke heals the world with an approach that reaches people on a different level, one known for centuries, yet too often forgotten in the one we live in.

We live in a world of social & economic injustice. The main reason for founding America in the first place was to relieve the oppression of the King of England. Patrick Henry said it best, “give me liberty or give me death.” And yet, all too often death seems to be the only way out. Why is there such a high suicide rate especially among teens, in the land of the free & the home of the brave? What makes headlines? Good news? Ha! More depressing stories than anything else. I feel poetry takes an edge off the hurt of bad news while still delivering it but in a, “glitzy” sort of way. Giving a different perspective. Kind of like slap in the face as opposed to a knife in the back. At least with the slap you’ll live to see another day and you will know whom it’s from. I wasn’t here for the beginning of the world but at 59, I just might be here for the end.

Even though it’s still a knife, rhyme poetry helps to dull the blade. And that’s my job. You can write to Luke Easter at: lyricsfromlucas@aol.com




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