Introduction to the Case

Introduction to the Case

The Seven Exhibits following this Introduction are the initial letters and affifavit Edwards sent to DMB and Metris’ attorney.

The objective of these letters was to inform DMB and Metris’s attorney of Edwards’ findings, to ask her questions, make her charges and receive responses pursuant to her charges and questions from these recipients. They were warned that failure to rebut Edwards’ charges was their admission to those charges. These letters and affidavit stated Edwards’ lawful positions and questioned DMB’s operational practices and policies. The full scope of her charges are found in the letters, in detail. Details are very important because they are vital to the proceedings and can win cases. Procedure is also very important and the courts will hold pro-se litigants to procedures.

If Citizens do not abide by court procedures, their cases can be, and most-likely will be, quickly dismissed. Edwards obtained copies of the local rules, and followed them. In their own interests, all Citizens should do the same.

The letters focused on unlawful and illegal activities and business practices of DMB, such as lending credit, rather than money. Edwards’ research uncovered many business practices, some of which are herein described. A national bank can lend money, but not credit, nor can a national bank act as surety for another. See 12 USC, section 24.

In order to lend money, the bank must have that money it intends to lend on deposit or in some bank asset. When a bank lends credit, the “funds” used to fund the credit usually do not exist until the bank’s client signs the credit or debt agreement or contract. In plain language, the bank’s client “creates” the funds for the bank by his/her signature to the credit agreement.

These “funds” did not exist prior to the client’s signature, then the bank charges its client interest, usually high, sometimes usurious, on funds that never existed prior to the client’s signature. The client basically created an asset for the bank that did not exist and did not come from bank assets. Maybe the bank should pay interest to its client.