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CREDITWRENCH-TheTruth

This blog is dedicated to illustrating the depths of depravity to debt collectors and their cronies who infest various message boards spewing their spam, insults and filth can and do sink. They will stop at nothing to berate others while trying to elevate their own perceived worth.

Friday, February 11, 2005

Creditwrench hits him again -The Golden Key

Causes of Action ... The Golden Key


Whether you're the plaintiff or defendant, the golden key to winning lawsuits is in understanding causes of action and the essential elements of fact that must be pled and proved to prevail with each cause of action.

Failure to plead all the essential elements is fatal, because the other side will move to dismiss for "failure to state a cause of action".
Failure to prove all the essential elements is also fatal, because that's what it takes to win ... when the time comes for counting.

Courts have only limited jurisdiction. They cannot hear (nor award damages for) every complaint that comes along. You can't just say, "So-and-so hurt me, and I want the court to make him pay me money!"
Unless the complaint states what lawyers call a "cause of action" (at least one) the court cannot award damages and must dismiss the lawsuit (if the other side demonstrates that you haven't pled all the essential elements required by the causes of action in your complaint).

Moreover, even if you plead all the essential elements by stating all the necessary facts in your complaint, the court lacks jurisdiction to enter final judgment for the plaintiff unless the plaintiff states and proves all the factual elements necessary to establish at least one of his causes of action.

That's what it takes to win! Plead and prove. Anything less is not enough.
Stating all the facts necessary to plead a cause of action is no use at all unless the plaintiff can also prove each and every essential element of his causes of action. He must not only list in his complaint the essential elements of fact required to state the causes of action the court has jurisdiction to rule upon, but he must ultimately prove each and every one of those essential fact elements before the court can award him the judgment he seeks.

If you're a defendant, learn what elements the plaintiff must plead and prove ... and do what you can to show either (1) he didn't state all the necessary elements or (2) he cannot prove them by the greater weight of the evidence.

If you're a plaintiff, (1) make certain you state all essential facts necessary to assert all the elements of every one of your causes of action and (2) make certain you can prove them all as well using admissible evidence (not an unsupported affidavit from somebody in a distant city claiming that he knows the facts of the case that will be excluded as hearsay). I've seen many cases where an "affidavit" was presented to the court which stated "If I were called upon to testify before the court I would say that................."

I've even seen lawyers who presented an affidavit to the court saying "If I were called upon to testify about my attorneys fees I would say that my fee is $$$.xx"


This is how you win lawsuits. Everything else is secondary.
Understanding the essential fact elements you must plead and prove on various causes of action is the golden key to winning lawsuits.

You have to know the golden key(s) to win lawsuits, just being a golden donkey doesn't win anything. You have to know and understand Rules of Procedure, Rules of Evidence and the mechanics of how the court works. You cannot just go to court and bray about FDCPA, FCRA, Rico Act violations or any of the multitude of junk legal theories such as Modern Money Mechanics, The Creature from Jekyl Island that abound on various websites.

If you are the defendant you have to know what mistakes can be made by the plaintiff and how to prosecute them to your advantage. If you do not know Rules of Civil Procedure, Rules of Evidence and how the court system works you will probably lose.

What Uncle Normie don't tell you is that most judges below the appellate or federal level do not completely understand FDCPA or FCRA for the simple reason that their cases usually deal with other types of cases and situations. He also does not tell you that finding attorneys who work at the appellate and federal levels and who do understand FDCPA and FCRA is not an easy task. Those kinds of attorneys get high dollar for their expertise and are not likely to want to piddle around for the $300 to $400 they can get out of filing FDCPA claims. They have better things to do.

As we can all see, Uncle Normie don't understand the law, doesn't understand Rico, doesn't understand how the legal system works or how to win a case and he doesn't understand that there is both a theoretical side and a practical side of the law and the court system. He also doesn't know what the real purpose of blogging is or how to properly run a blog. All he knows how to do is shoot off his fat mouth.

Creditwrench hits him again.

Uncle normie needs your support to keep his spirits up. Click on the following link and send him an email telling him how much you appreciate his efforts. unclenormie@oklahomacity.usa.com