Foreclosure Defense: Module 4

Learning The Rules of Civil Procedure

In this module, we take you through an introduction on the litigation process.

Before you freak out, relax. Remember, when you got in a car for the first time learning to drive? There was so much to learn. Now, you can drive, listen to music and speak to your friend on the cell phone while driving one handed. Like anything it is a skill…and it can be taught.

Today, we are going to cover the phase we call “Building Evidence”. Specifically, we are going to discuss about Learning the Rules of Court. We will release additional modules

Learning the Rules of Court.

Look, you are about to sue your lender or at least meet them in court.  You are the David to their Goliath. For you to stand a chance of winning at any game, you must know the rules.  Courts, like any games have rules. Before you know how to play, you must learn the rules.  Lawyers spend years learning this stuff.  We can help by giving you a short cut.  Dr. Frederick Gray is a litigation lawyer who have taught thousands of homeowners how to defend themselves in court.  I got most of my legal education from Jurisdictionary.

Dr. Gray says it best.  “You are going into a knife fight.  Don’t go in there with a potato peeler.”  Arm yourself with the best possible chance of success you can.

The following is a snippet from Jurisdictionary.  We can not give you access to the rest because of copyright, otherwise it would be no more than stealing.

Hopefully, these audios can give you a glimpse of what Jurisdictionary can do for you.  But like getting Prepaid Legal, I HIGHLY HIGHLY Recommend that you shell out a little more money for your education. I would not put my name on something and recommend it if I don’t use it myself and absolutely think that you need it too.
CD 1

The Complete Jurisdictionary comes with 2 CDs and 2 DVDs…hours of videos showing you the ins and outs of court procedures. It also has sample forms, flow charts, cheat sheets, law references and lot’s of other very helpful things.

Look, you are about to enter a fight.  The other guy is packing a gun.  If you come into a civil action packing nothing but your hands, you will likely lose.  It’s worth your while to stack the odds in your favor by educating yourself on civil procedures and civil defense.

To get the complete Jurisdictionary, click here.  <– Seriously guys.  BUY THIS.  It is the best money well spent. This course is about saving you money.  i would not recommend anything if I don’t believe it or use it myself.

Additional Resources

Comptroller to the Currency. If you have a complaint about bank conduct, you can raise it with the Comptroller of the Currency in your State/Region. They are sort of like the “better business bureau” for banks. The manage the Bank’s license and can impose sanctions against Banks for improper behaviour. http://www.occ.treas.gov/corpapps/response.htm#lb

Motions and Orders

As a rule, when you enter a Motion to the court, you must also accompany the Motion with an Order. For example, if you Motion the Court to Compel the Defendant to produce the original documents, then you must also submit along with your motion a Order to Compel Production of Documents. Judges are lazy. They don’t even want to have to type up an order. They want you do to it for them…and will deny your Motion just because you did not enter the Order. Go figure.

So when you look at the documents for most things, we have a pair of both Motion and Order.

What You Submit to Court, You Submit to Opposing Counsel

Another rule you must remember is that courts are designed to be fair. For example, you can not sneak evidence into a case at the last minute without giving the other side warning. What you give to a judge to review, you must give to the other side. When you submit any motions and orders to court, you are also required to submit a certificate of service, declaring that you have sent the same copy of the documents to the other side.

Rules of Civil Procedure

Courts have rules. Essentially, they are just like programs. If you are going to sue someone, then you will need to know these rules. Each State’s rules of Civil procedure is slightly different. These govern things like how you notify and service the other side, how many days to wait, how to file for a default, how to respond to a motion, etc. These are all public information. To get your State’s Civil Procedure, simply do a Google for your State’s Civil procedure. For example “California Rules of Civil Procedure” or “Washington Rules of Civil Procedure”. You will usually find a listing with a “.gov” ending in the domain. This will be the official rules of civil procedure.

Please study up and read these procedures. I know, they are not exciting reads but you need to get a basic familiarity with these.

Action Items

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1) Buy Jurisdictionary

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2) Search for your State’s Civil Procedures on Google, download them, print them out, put these in a folder and start reading your State’s rules of civil procedure.

I will release another module in a couple of days to give you more training on civil procedures.

Disclaimer:

This is purely for educational purpose. Nothing on this site can be construed as giving legal advice. You are using this information at your own risk. You are to seek legal counsel in these matters.