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PAGE 1 Be sure to check all answers...

  1. 1. 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
  2. 2. 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: ___________________________none__________________________________ Phone/Cell Numbers: __Plaintiff already has that information from defendant's filed documents________________________________ _________________________________ Social Security Number: __Refused Privacy concerns and plaintiff already has that information_____________________________
  3. 3. If Renting: Name of Landlord: _____Irrelevant______________________________ Addr of Landlord: ______________irrelevant______________________ Is landlord a relative: ____irrelevant___________________ Amount of Rent: ________Give correct amount of rent or mortgage payment_____________________________ Rent Payments Current: yes no Previous Address: __Irrelevant__________________________________ ____________________________________ Other Income, Benefits, or Money you receive:
  4. 4. Soc Sec: _Refused for privacy reasons______________________ SSI: ______answer all the rest of these truthfully__________________ Disab: _______________________ Rents: _________________________ Dividends: ______________________ Royalty: ________________________ Alimony: ________________________ Child Support: ___________________ Commissions: ____________________ Business etc: ____________________ Food Stamps: ____________________ TANIF: __________________________ Retirement: ______________________ Insurance: _______________________ Other*: _________________________ *describe: _______________________________________ INCOME CONTRIBUTED BY FAMILY Attorney Notes: _____________________________________
  5. 5. PAGE 2: Current or Most Recent Employer(s): Name as shown on pay stub or W-2 form Employer Name: __________________________________________________ Addr: _____________________________________________ Tele: _____________________________________________ Gross Pay: $______________ Items Ded: Fed Tax: $_____________ State Tax: $___________ Child Sup: $____________
  6. 6. Other Garn: $___________ Med Ins: $_____________ Other: ______ $_________ 401k/retirement $___________ Net Pay: $_________________ weekly/biweekly/semi mo/monthly Rate: $_______ per _________ Position: ___________________ Licenses Held: ______________ Union Membership: __________ IF UNEMPLOYED STATE REASON AND DATE YOU EXPECT TO BE EMPLOYED _____________________________________________________________ DO YOU HAVE MORE THAN ONE JOB? YES NO
  7. 7. ARE YOU SELF EMPLOYED OR AN INDEPENDENT CONTRACTOR FOR ANYONE? YES NO IF YES: Name: __________________________________________ NAME OF PERSON YOU REPORT OR ANSWER TO Addr: ___________________________________________ Tele: ____________________ Gross Pay: $______________ DESCRIBE NATURE OF WORK __________________________________________________ Business owned or operated by you: Name of Business: __________________________________
  8. 8. Address: __________________________________________ Type of business: __________________________________ Legal form: Corp/LLC/DBA/Partnership Others holding an interest in the business: _________________________________________________ _________________________________________________ Banking affiliations of the business: Checking: ________________________________ Loans: ___________________________________ Assets: Inventory: _________________________ Equipment: _______________________________ Real Estate: ______________________________ Contracts: _______________________________ Expenses:
  9. 9. Mtg/Rent $______________________ Utilities: Nat Gas/Prop: $________________ Electricity: $________________ Water: $________________ Tele: $________________ Cable: $________________ Food: $___________________ Child Care $___________________ Gasoline $___________________ Auto Ins: $___________________ Medical Ins*: $___________________ Medicine: $___________________ Charity: $___________________ Child Supp** $___________________ Internet $___________________
  10. 10. Other*** $___________________ *Is this already deducted from wages? yes/no ** Describe (child age/divorce case no/amounts/whether deducted by employer): ____________________________________________ ____________________________________________ *** Describe: ________________________________ ____________________________________________ PAGE 3
  11. 11. Bank, Savings, and Credit Union Accounts: Bank Name #1 _________________________________________ Bank Address: _________________________________________ Account Number: __________________________ Who is listed as owners on the account: _________________________________________ Balance Most Recent Stmt: $_________________ Amount of Deposits most recent month: $_________________________________________
  12. 12. Bank Name #2: checking/savings __________________________________________ Bank Address: __________________________________________ Account Number: ___________________________ Who is listed as the owners on the account: __________________________________________ Balance Most recent Stmt: $__________________ Nature of deposits made: _____________________ Amount of Deposits most recent month: ___________________________________________ Bank #3? yes/no Vehicles: #1 Make/Model/Year ___________________________________________ Loan paid to: ___________________________________________
  13. 13. Addr: ______________________________________ Amt Owed/pmt $___________ $________________ Current? yes/no Payoff date: _________________ #2 Make/Model/Year ___________________________________________ Loan paid to: ___________________________________________ Addr: ______________________________________ Amt Owed/pmt $___________ $________________ Current? yes/no Payoff date: _________________ #3 Make/Model/Year ___________________________________________ Loan paid to: ___________________________________________ Addr: ______________________________________ Amt Owed/pmt $___________ $________________ Current? yes/no Payoff date: _________________
  14. 14. NAMES OF MEMBERS OF HOUSEHOLD LIVING WITH YOU: Spouse: ___________________ Children: __________________ Roommates: ________________ Child support payments: Spouses Income $______________ per ________________ Is this from a business owned or operated by your spouse? yes/no If yes, describe: ________________________________ ______________________________________________ Domestic Partner: ______________________________ ______________________________________________ Did you bring: 1 Record of salary or other income for the past 2 months? yes/no If no the reason for not bringing ___NO!_I don't keep such records______________________
  15. 15. 2. Bank statements for the past 2 months; yes/no. If no the reason for not bringing: ___No. I don't keep old bank statements______________________ 3. Income tax returns for the past 2 years; yes/no. If no the reason for not bringing: __No I don't keep old income tax records._______________________ 4. All financial statements presented to any banks or lending institutions for the past 2 years; yes/no. If no the reason for not bringing: _________________________If possible then say no. 5. Legal descriptions of all real estate owned, leased, or possessed; yes/no. If no the reason for not bringing: _________________________ 6. All vehicle titles, copies of information relating to oil and gas royalty payments; yes/no. If no the reason for not bringing: _________________________Don't take actual titles. Take copies only. 7. Accounting books of all businesses owned for the last 12 months; yes/no. If no the reason for not bringing: _________________________ 8. Stock certificates, corporate books, stocks, bonds, and all other securities owned or possessed fot he last years;
  16. 16. yes/no. If no the reason for not bringing: _________________________ 9. Safe deposit box information; yes/no. If no the reason for not bringing: _________________________ PAGE 4 Circle all that apply and describe: Personal Property:
  17. 17. Stock/Bonds/Mutual Funds: Retirement (IRA/401K): Safety Deposit Boxes: RVs/Trailers/Boats/Motorcycles: Musical Instruments: Jewelery: Livestock or Farm Equip: Agriculture products: Coin or Stamp Collections: Artwork: Items being sold on consignment: Judgements against others: Annuities: Life Insurance: Inventory: Office equipment: Cash on hand today: $________________________ Describe: ___________________________________________ ___________________________________________ Inheritance:
  18. 18. Is there any cases planned or pending including cases closed within the last 5 years where you were/are an heir, administrator, administratrix, or personal representative? yes/no Describe: Do you expect an inheritance in the near future? yes/no Describe: Have you transferred any business, land, or personal property within the past 2 years? yes no Describe: Have you transferred any property to a trust or trustee? yes no Describe: Are you the beneficiary under any trust? yes no
  19. 19. Are you a trustee of any trust? Yes No Land owned/Contract for Deed: What County _____________________________________ Addr: ___________________________________________ Name on title: ____________________________________ Yr purch: ____________ Purch. Price: $_______________ Amt Owed: $________________ 1st Mtg Holder: Name: ____________________________ Addr: _____________________________ No. Acres: ___________________________ Legal Descrip: _________________________ 2nd Mtg Holder:
  20. 20. Name: ____________________________ Addr: _____________________________ No Acres: ____________________________ Legal Description: ______________________________________ ______________________________________ Additional Land, (lake properties, timeshares) owned or being bought by you: _____________________________________________ _____________________________________________ Other Debts: Name Address Pmt Amt/Amt Owed ______________________________________________List all that you have. Be honest
  21. 21. 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
  22. 22. 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?: ___________________________________________________________________________________ ____________ Are you aware that it is standard procedure for a judgement creditor to file a judgment lein against your real estate? yes no NOTICE: THIS HEARING DOES NOT DISCHARGE OR SATISFY THIS DEBT. A judgment creditor may resort to remedies allowed by law including requiring you to appear again at a later date. Interest as stated in the judgement continues to run on the account. I hereby certify upon my oath that the answers and information provided above are true and correct to the best of my ability:
  23. 23. SIGN HERE_______________________________ DATE: ________________________________________ PAGE 6