Senate 31 candidate Carruth residency challenged

[zoocrew]

People who get caught up in all this are mere pawns of the powerful machines. Let the system work it out.

Edited June 7, 2012 by zoocrew

[gpatt0n]

I have obtained a separate, independent source for the existence of the lawsuit that apparently was filed last October (10/26/2011) between the FDIC and the Carruths.

 

Obviously the case exists but just because a lawsuit has been filed is no guarantee that it has proceeded. I mean it would seem rare for any case to go through the federal system in less than ten months.

 

As far as the presence of a suit over a debt, that is also not rare amongst politicians. I mean folks had no problem with the bankruptcy filing by the current representative of the 19th House District and our probable US Representative Tom Graves is no stranger to loan defaults that included receivership by the FDIC.

 

Certainly that is not something that anyone would celebrate but there have been a few fortunes lost in the past four years, the economy being the way it is. The state senate is not a fiduciary position.

 

I take the issue of residency as something that ought to be a non-issue if for no other reason I get the idea that all of Paulding is a victim of gerrymandering and Mr. Heath is the culprit. Why? Because Paulding should have had its own Senate district but Heath, who didn't want to be thrown in with Mr. Hamrick, engineered the current district lines with the specific intent of writing Mr. Carruth - known to want to run for this seat since the 1990s - out of the district.

 

Bottom line, I wasn't happy with the redistricting to begin with and recognizing the personal nature of the lines makes me even less happy with Mr. Heath.

 

Bottom line, this is the year that Paulding ought to claim its State Senate seat. I am hoping the folks running from the county will be able to make this happen. Certainly, Mr. Heath can't depend on the residents of his home county for the support he needs - He lost Haralson county by a factor of 2:1 in 2010.

 

pubby

[glassdogs]

People who get caught up in all this are mere pawns of the powerful machines. Let the system work it out.

 

In other words, NPR hasn't spewed forth talking points for ya.

[zoocrew]

In other words, NPR hasn't spewed forth talking points for ya.

 

Hardly. I just won't let myself be manipulated by someone else's money or spin in their quest for power.

[Wineguy]

I can't stand a single word that comes out of Heaths mouth, and Carriuth sounded like the most unintelligent candidate possible. Rogers has my support 100%. I loved his views on not imposing his views on the people and letting us choose on matters.

[gpatt0n]

But you're fine with having someone with the screen name of "Chainsaw," and identifying them as such in your reporting, accuse a candidate of malfeasance in another race?

 

So it's OK for someone who is basically anonymous to make claims against one candidate, and then allow those claims to be printed unchecked, but when another set of claims against another opponent is supported by that target's opponent, then you question their motives and their evidence? And you expect us to trust the anonymous source in the first case, and not the more public source in the other?

 

First, there was no allegation of malfeasance. He was not in office and only his qualification, based on residency, was questioned. With his withdrawal, the challenge was dropped and the entire case is moot.

 

You are right, I chose not to identify the individual. However I know this individual. I've known him both personally and professionally for at least six or seven years. Doing research of the nature he presented is a task for which this person is licensed as well. I questioned his person regarding the information provided 'face to face' as well.

 

If you read the topic and story you'd know that I wrote that establishing that residency requirements for a politician can be muddied legally. I said that ultimately, clarity of that subject must be clear in the mind of voters who may choose to keep or reject a representative.

 

As far as my finding a problem with the 'evidence' provided above in this topic ... I've never seen insecure (no security whatsoever) documents come from the court. There are ways, tools, processes and procedures that can and should be part of the document filing/retrieval that will attest to its authenticity. When I discovered the case had been filed from a reputable source, I acknowledged it and recognized that my criticism of the evidence is that what I saw dropping in the transom without my knowledge of who is dropping is a reason for skepticism.

 

You also have to know that I did talk to Mr. Houston and in that conversation I gained the understanding that he was provided the information by a third party. I don't know who that third party is and I don't expect Mr. Houston will volunteer that information unless the information turns out to be bogus. Indeed, Mr. Houston indicated if the information proved to be bogus or forged, he would be upset with his source. That told me that he didn't get the information directly from the courts.

 

BTW, I did sign up for the pacer system (federal court reports system) earlier tonight but apparently it is not an automated system so I can't confirm the nature of the other documents.

 

Also, I didn't challenge at all the documents. Specifically, I didn't question the document that stated the address of the home Carruth claims his homestead exemption upon. To me it would be absolutely absurd to suggest that Bill Carruth could not represent Paulding ... and his bedroom being 100-feet or so outside the arbitrary district line is just bull.

 

Which brings the plain fact that Paulding does not host a single State Senate district proving to me that Bill Heath's had his own self-serving interests in mind when redistricting was done last year. One need only look at the redistricting map to know that Heath did what he could to defeat a standalone Paulding Senate District and of course an important part of that effort was to gerrymander the district to exclude Carruth - a known aspirant for the 31st Senate seat.

 

pubby

[feelip]

 

To me it would be absolutely absurd to suggest that Bill Carruth could not represent Paulding ... and his bedroom being 100-feet or so outside the arbitrary district line is just bull.

 

 

Am I reading this correctly? Are you saying rules be damned, my guy is ALMOST legal?

 

Arbitrary or not, it doesn't matter if it is 100 feet or 100 miles, rules are rules.

 

BTW, I agree that Heath sucks, but I don't like sneaky bastards either.

 

How long before you close this topic Pubbers? It don't seem to be going your way.

[doraville]

Let's see if I've got this straight:

 

• While Chairman of the Paulding County Board of Commissioners, Bill Carruth used his inside knowledge of plans to build the "Bill Carruth Parkway" to have his father in-law buy up property on Egg Farm Rd at a fraction of the price of what it would ultimately be worth? He basically used his position to profiteer on the county's business?
  
• He defaulted on a $2.1M loan that the FDIC is now suing him in order to try to recover?
  
• He tried to pull a fast one by claiming that he lives in a $100K home inside District 31 instead of his million dollar mansion which is outside Ditrict 31 and he hopes that the residences of the district won't notice or won't mind because he's a "Paulding County Boy"?
  
• Pubby thinks that we should ignore all of this because he doesn't like Heath?
  

 

 

-DV

[solosoul]

Let's see if I've got this straight:

 

• While Chairman of the Paulding County Board of Commissioners, Bill Carruth used his inside knowledge of plans to build the "Bill Carruth Parkway" to have his father in-law buy up property on Egg Farm Rd at a fraction of the price of what it would ultimately be worth? He basically used his position to profiteer on the county's business?
  
• He defaulted on a $2.1M loan that the FDIC is now suing him in order to try to recover?
  
• He tried to pull a fast one by claiming that he lives in a $100K home inside District 31 instead of his million dollar mansion which is outside Ditrict 31 and he hopes that the residences of the district won't notice or won't mind because he's a "Paulding County Boy"?t
  
• Pubby thinks that we should ignore all of this because he doesn't like Heath?
  

 

 

-DV

 

Rules,laws any really is only important if you are out of the click . Small town with even smaller minds. Hey you get the well so and so does it so it is OK.

[tbird]

Pauldingman93:

 

I'm not going to state that the documents you proffer are not legitimate but I can say that I find their authenticity worthy of question on the basis that they are not photocopies, have no internal security, and could be forgeries.

 

I've been in contact with Mr. Houston and he is seeking the original documents. It really tests my credulity - I think that if the federal court is taking and distributing PDF's in this editable form using none of the tools for authenticity available in the pdf format, every one of those folks should be fired.

 

Said a little differently, I trust the federal court clerk is not so incompetent as to distribute easily editable documents as official court documents.

 

While I'm not saying these documents are forgeries, they definitely are questionable.

 

See my 'edited version' of the writ...

 

was the Writ of Execution Against Carruths faked.pdf

 

Oh, and given Mr. Heath's history of inventing crap like sex shops in Downtown Dallas ... this is believable effort at 'legal slander.'

 

pubby

 

 

 

The original document posted for this writ (along with your doctored copy) have the blue stamp file on top of the page (from Pacer--the Federal Court's Electronic Filing site). Yes, yours is doctored.

[gpatt0n]

Am I reading this correctly? Are you saying rules be damned, my guy is ALMOST legal?

 

Arbitrary or not, it doesn't matter if it is 100 feet or 100 miles, rules are rules.

 

BTW, I agree that Heath sucks, but I don't like sneaky bastards either.

 

How long before you close this topic Pubbers? It don't seem to be going your way.

 

Word to the wise feelip

 

If I closed topics because they weren't going my way, I'd have closed the site in 2004

 

pubby

[gpatt0n]

Let's see if I've got this straight:

 

• While Chairman of the Paulding County Board of Commissioners, Bill Carruth used his inside knowledge of plans to build the "Bill Carruth Parkway" to have his father in-law buy up property on Egg Farm Rd at a fraction of the price of what it would ultimately be worth? He basically used his position to profiteer on the county's business?
  
• He defaulted on a $2.1M loan that the FDIC is now suing him in order to try to recover?
  
• He tried to pull a fast one by claiming that he lives in a $100K home inside District 31 instead of his million dollar mansion which is outside Ditrict 31 and he hopes that the residences of the district won't notice or won't mind because he's a "Paulding County Boy"?
  
• Pubby thinks that we should ignore all of this because he doesn't like Heath?
  

 

 

-DV

 

Even with all that, I'd say that Carruth would be a better representative of the people of Paulding county than would Bill Heath.

 

So, I don't say ignore this stuff, and your vote is your vote just as my opinion is my opinion.

 

I just know that the entire state of New York, in 2000, chose to elect a Chicago girl the state's US Senator ... whose longest time of residence was public housing in Arkansas followed by public housing in DC and I believe, had rented a small apartment in the city six months before qualifying. That persons name is Hillary Clinton.

 

One tenant of the American experience is that voters should get to choose by their vote whom they wish to represent them and residency requirements are more of an impediment than a protection.

 

Still, I do look around and as I see the screw ups of folks wanting our support and endorsement, I can't help but remember that famous screw up from Harlem, Adam Clayton Powell ... and his infamous quote when the press challenged him on the impact of some of his screw ups ... That statement: "Keep the faith, baby."

 

So... to all you disappointed supporters of this or that candidate (and if you aren't disappointed now, you will be later); Keep the faith, baby.

 

pubby

[LPPT]

Even with all that, I'd say that Carruth would be a better representative of the people of Paulding county than would Bill Heath.

 

So, I don't say ignore this stuff, and your vote is your vote just as my opinion is my opinion.

 

I just know that the entire state of New York, in 2000, chose to elect a Chicago girl the state's US Senator ... whose longest time of residence was public housing in Arkansas followed by public housing in DC and I believe, had rented a small apartment in the city six months before qualifying. That persons name is Hillary Clinton.

 

One tenant of the American experience is that voters should get to choose by their vote whom they wish to represent them and residency requirements are more of an impediment than a protection.

 

Still, I do look around and as I see the screw ups of folks wanting our support and endorsement, I can't help but remember that famous screw up from Harlem, Adam Clayton Powell ... and his infamous quote when the press challenged him on the impact of some of his screw ups ... That statement: "Keep the faith, baby."

 

So... to all you disappointed supporters of this or that candidate (and if you aren't disappointed now, you will be later); Keep the faith, baby.

 

pubby

 

 

I don't think it is fair that you have not included JK Rogers in your remarks or consideration. It really does bother me when when people dismiss a candidate out of hand because he is not slick enough, experienced enough, or rich enough.

 

It becomes obvious when other candidates don't even find him worthy of criticism or perhaps there is not much to criticize.

 

Nobody is digging around in his background or have they? and found nothing.

If your criteria is what is best for all the people of Paulding or those playing a type of lottery through campaign contributions.

 

Politics is a game played to win, there is no way to control the wild card which is the 3rd unmentioned candidate in the race.

The people of the county look at all the facts and they decide who is best for Paulding despite redistricting and campaign contributions.

[lucky64]

Are the documents authentic or not? Let's get to the bottom of this.

 

LPPT: I agree! I was wondering why he hasn't mentioned Rogers.

[justgettingby]

The original document posted for this writ (along with your doctored copy) have the blue stamp file on top of the page (from Pacer--the Federal Court's Electronic Filing site). Yes, yours is doctored.

 

 

No chit. I think I'd be careful about posting doctored federal documents on a public forum. But to each their own

[NewsJunky]

I don't think it is fair that you have not included JK Rogers in your remarks or consideration. It really does bother me when when people dismiss a candidate out of hand because he is not slick enough, experienced enough, or rich enough.

 

It becomes obvious when other candidates don't even find him worthy of criticism or perhaps there is not much to criticize.

 

Nobody is digging around in his background or have they? and found nothing.

If your criteria is what is best for all the people of Paulding or those playing a type of lottery through campaign contributions.

 

Politics is a game played to win, there is no way to control the wild card which is the 3rd unmentioned candidate in the race.

The people of the county look at all the facts and they decide who is best for Paulding despite redistricting and campaign contributions.

I could tell you who I think is the clear winner out of all of this but I won't. Lppt you can probably guess what I think.

[feelip]

I could tell you who I think is the clear winner out of all of this but I won't. Lppt you can probably guess what I think.

 

 

While the two big dogs are fighting over it, the pup slips off with the bone.

[LPPT]

Are the documents authentic or not? Let's get to the bottom of this.

 

LPPT: I agree! I was wondering why he hasn't mentioned Rogers.

 

If it where a fake you would have known 5 minutes after the government offices opened this morning.

[LisaC]

Here is a summary of the lawsuit. All of the information that I have obtained has been directly from the Pacer link to the United States District Court for the Northern District of Georgia. Pubby, if you need to see actual, filed copies of any of the pleadings, PM me - I have a login and password that allows me to see and download these pleading.

 

10/11/2011 - FDIC files a Complaint alleging a breach of a promissory note executed by Bill and Laura Carruth.

 

11/1/2011 - Bill and Laura Carruth were served.

 

1/9/2012 - The FDIC is ordered to file motions to dispose of the case (because no answer had been filed by the Carruths).

 

1/13/2012 - FDIC files a Motion for Clerk's Entry of Default

 

1/26/12 - FDIC files a Motion for Default Judgment

 

2/9/12 - A Joint Motion to Extend Time for Filing a Response was filed by the parties.

 

2/13/12 - Extension granted

 

2/29/12 - Motion for Extension of Time for Filing a Response filed by the Carruths

 

2/29/12 - Extension granted through 3/20/12

 

4/27/12 - Motion for Default Judgment GRANTED (not Response to the Motion for Default was filed by the Carruths)

 

4/27/12 - Default Judgment entered in favor of FDIC

 

5/30/12 - Application for Writ of Execution (of the judgment) filed by FDIC

 

6/1/12 - Writ of Execution issued in the amount of $2,351,661.86 for plaintiff Federal Deposit Insurance Corporation against defendants William A. Carruth Jr. and Laura A. Carruth.

 

ETA: The case has proceeded through the Court (without the filing of a responsive pleading by the Carruths - they merely requested extensions of time to file a response to the motion for default judgment, but that's it). They were represented by counsel and chose for whatever reason not to respond to the allegations in the Complaint nor to contest a default judgment being entered against them. The default judgment was entered on 4/27/12 - I believe the time for the Carruths to appeal has passed. The docket sheet with the Court does not indicate that an appeal was filed (and it would if one had been filed).

Edited June 7, 2012 by LisaC

[justgettingby]

If it where a fake you would have known 5 minutes after the government offices opened this morning.

 

 

Except for the fake document Pubby posted re. Heath.

[Garland]

To the average person, what does this mean? Carruth has to pay 2.3 million?

 

Here is a summary of the lawsuit. All of the information that I have obtained has been directly from the Pacer link to the United States District Court for the Northern District of Georgia. Pubby, if you need to see actual, filed copies of any of the pleadings, PM me - I have a login and password that allows me to see and download these pleading.

 

10/11/2011 - FDIC files a Complaint alleging a breach of a promissory note executed by Bill and Laura Carruth.

 

11/1/2011 - Bill and Laura Carruth were served.

 

1/9/2012 - The FDIC is ordered to file motions to dispose of the case (because no answer had been filed by the Carruths).

 

1/13/2012 - FDIC files a Motion for Clerk's Entry of Default

 

1/26/12 - FDIC files a Motion for Default Judgment

 

2/9/12 - A Joint Motion to Extend Time for Filing a Response was filed by the parties.

 

2/13/12 - Extension granted

 

2/29/12 - Motion for Extension of Time for Filing a Response filed by the Carruths

 

2/29/12 - Extension granted through 3/20/12

 

4/27/12 - Motion for Default Judgment GRANTED (not Response to the Motion for Default was filed by the Carruths)

 

4/27/12 - Default Judgment entered in favor of FDIC

 

5/30/12 - Application for Writ of Execution (of the judgment) filed by FDIC

 

6/1/12 - Writ of Execution issued in the amount of $2,351,661.86 for plaintiff Federal Deposit Insurance Corporation against defendants William A. Carruth Jr. and Laura A. Carruth.

 

ETA: The case has proceeded through the Court (without the filing of a responsive pleading by the Carruths - they merely requested extensions of time to file a response to the motion for default judgment, but that's it). They were represented by counsel and chose for whatever reason not to respond to the allegations in the Complaint nor to contest a default judgment being entered against them. The default judgment was entered on 4/27/12 - I believe the time for the Carruths to appeal has passed. The docket sheet with the Court does not indicate that an appeal was filed (and it would if one had been filed).

[LisaC]

The original document posted for this writ (along with your doctored copy) have the blue stamp file on top of the page (from Pacer--the Federal Court's Electronic Filing site). Yes, yours is doctored.

 

Pubby's is doctored - James N. Hatten is correct name of the Clerk of the Court on the Application for Writ.

 

Attached is a correct copy of the Application for Writ that was entered by the Court. I uploaded it about two minutes ago.

 

To the average person, what does this mean? Carruth has to pay 2.3 million?

 

That it precisely what it means.

 

Also, Pubby made a comment that it is unusual for a case to proceed through the federal courts in less than 10 months - he is absolutely correct. EXCEPT, when the defendants (in this case the Carruths) do not file an answer to a properly served complaint, a default judgment can be entered. That is what happened in this case.

writ.pdf

[Garland]

Interesting. The way I understand it, the Georgia Constitution will allow them to run holding public debts but they can't hold office with public monies being owed.

 

Pubby's is doctored - James N. Hatten is correct name of the Clerk of the Court on the Application for Writ.

 

Attached is a correct copy of the Application for Writ that was entered by the Court. I uploaded it about two minutes ago.

 

 

 

That it precisely what it means.

 

Also, Pubby made a comment that it is unusual for a case to proceed through the federal courts in less than 10 months - he is absolutely correct. EXCEPT, when the defendants (in this case the Carruths) do not file an answer to a properly served complaint, a default judgment can be entered. That is what happened in this case.

[tbird]

Here is a summary of the lawsuit. All of the information that I have obtained has been directly from the Pacer link to the United States District Court for the Northern District of Georgia. Pubby, if you need to see actual, filed copies of any of the pleadings, PM me - I have a login and password that allows me to see and download these pleading.

 

10/11/2011 - FDIC files a Complaint alleging a breach of a promissory note executed by Bill and Laura Carruth.

 

11/1/2011 - Bill and Laura Carruth were served.

 

1/9/2012 - The FDIC is ordered to file motions to dispose of the case (because no answer had been filed by the Carruths).

 

1/13/2012 - FDIC files a Motion for Clerk's Entry of Default

 

1/26/12 - FDIC files a Motion for Default Judgment

 

2/9/12 - A Joint Motion to Extend Time for Filing a Response was filed by the parties.

 

2/13/12 - Extension granted

 

 

2/29/12 - Motion for Extension of Time for Filing a Response filed by the Carruths

 

2/29/12 - Extension granted through 3/20/12

 

4/27/12 - Motion for Default Judgment GRANTED (not Response to the Motion for Default was filed by the Carruths)

 

4/27/12 - Default Judgment entered in favor of FDIC

 

5/30/12 - Application for Writ of Execution (of the judgment) filed by FDIC

 

6/1/12 - Writ of Execution issued in the amount of $2,351,661.86 for plaintiff Federal Deposit Insurance Corporation against defendants William A. Carruth Jr. and Laura A. Carruth.

 

ETA: The case has proceeded through the Court (without the filing of a responsive pleading by the Carruths - they merely requested extensions of time to file a response to the motion for default judgment, but that's it). They were represented by counsel and chose for whatever reason not to respond to the allegations in the Complaint nor to contest a default judgment being entered against them. The default judgment was entered on 4/27/12 - I believe the time for the Carruths to appeal has passed. The docket sheet with the Court does not indicate that an appeal was filed (and it would if one had been filed).

 

 

 

 

 

What I find very interesting in this case--is the collateral for the loan. And no--it is not real estate, as it would seem. It just all sounds very suspect with this loan default and the selling of the company that he and his wife ran.

Edited June 7, 2012 by tbird

[LisaC]

Interesting. The way I understand it, the Georgia Constitution will allow them to run holding public debts but they can't hold office with public monies being owed.

 

Honestly, I'm not sure what this means in his campaign - I haven't taken the time to look at what has been filed with the Secretary of State yet. But, I do have the access to court documents and merely wanted to make sure that the facts about the lawsuit are out there since it will take Pubby about a week to get his login and password from Pacer and this story will be old news by then...

[LPPT]

Except for the fake document Pubby posted re. Heath.

 

Pubby was simply demonstrating the lack of security associated with the document, as in fill in the blanks any way you want with an unsecure document.

I am sorry that people don't appreciate the way he chose to demonstrate it. One thing is for sure you won't forget and hopefully everyone else will question these types of PDF's in the future, just because this one turned out ok does not mean it can't happen.

 

People generally believe what they want to, and will make excuses to hold on to their initial judgement even when given overwhelming evidence to the contrary.

Nothing wrong with doubting until you know for sure.

[LisaC]

Pubby was simply demonstrating the lack of security associated with the document, as in fill in the blanks any way you want with an unsecure document.

I am sorry that people don't appreciate the way he chose to demonstrate it. One thing is for sure you won't forget and hopefully everyone else will question these types of PDF's in the future, just because this one turned out ok does not mean it can't happen.

 

People generally believe what they want to, and will make excuses to hold on to their initial judgement even when given overwhelming evidence to the contrary.

Nothing wrong with doubting until you know for sure.

 

But, something that he should keep in mind is that even in documents filed with the district courts, they are not going to be "secure" in the way that he may think they should be. The security and authenticity of those documents is based on each individual attorney's court-issued login and password (you have to be a member of the bar of the court or admitted pro hac vice in a case in order to get a login and password directly from the district courts). An attorney uses that login and password to file a document (NOT the login and password issued by PACERa). Once the documents are filed by the permitted attorneys in the case, they are posted on the docket of the case as an accessible pdf file and an immediate email is generated from the court "serving" the document on all attorneys of record. Once a document has been filed, you CANNOT change it on the docket or on PACER - there are situations where you can call the clerk's office if you file something in error, but they generally note it on the record (docket).

 

(That's probably more than anyone wants to know, but that should answer any questions Pubby's has about the ability of documents to be changed.)

[gpatt0n]

I signed up for the federal court pacer project last night and got the credentials today. I checked these documents from that source and I'm appalled the documents were as easily editable as they were ... but apparently they were as available from the federal court filing system.

 

There are a couple of other things notable and that includes the original loan apparently was to mature in 2009 and, as the banks were in default, etc. that deadline passed.

 

If the law is such that this disqualifies him from holding office, then so be it. It doesn't change my opinion that Mr. Heath doesn't represent Paulding and given the residents of Polk and Haralson county voted 2:1 against him, he wouldn't appear to represent them either.

 

However, I do not think that a loan that, through receiver after receiver comes to be owned by the FDIC - an insurance program put together by banks under law to assure the stability of the banking system - is necessarily a disqualification if for no other reason this would give the federal government the ability to buy any debt and declare the borrower in default (rightly or wrongly) and therefore be able to dictate who can represent people in a state senate or house district. I just don't think we want to cede that power to the federal government .... and finding that this is a formal disqualification is what that amounts to.

 

I think even the current Supreme court would have that much confidence in the local voter to choose their representative.

 

pubby

[LisaC]

If the law is such that this disqualifies him from holding office, then so be it. It doesn't change my opinion that Mr. Heath doesn't represent Paulding and given the residents of Polk and Haralson county voted 2:1 against him, he wouldn't appear to represent them either.

 

I agree with that opinion, that's why I'm glad JK Rogers is in the race too. Carruth said that we don't need "career politicians." After his service on the Paulding County Commission (and now his attempt at the State Senate), I tend to think that he wants to become a career politician.

[tbird]

I signed up for the federal court pacer project last night and got the credentials today. I checked these documents from that source and I'm appalled the documents were as easily editable as they were ... but apparently they were as available from the federal court filing system.

 

There are a couple of other things notable and that includes the original loan apparently was to mature in 2009 and, as the banks were in default, etc. that deadline passed.

 

If the law is such that this disqualifies him from holding office, then so be it. It doesn't change my opinion that Mr. Heath doesn't represent Paulding and given the residents of Polk and Haralson county voted 2:1 against him, he wouldn't appear to represent them either.

 

However, I do not think that a loan that, through receiver after receiver comes to be owned by the FDIC - an insurance program put together by banks under law to assure the stability of the banking system - is necessarily a disqualification if for no other reason this would give the federal government the ability to buy any debt and declare the borrower in default (rightly or wrongly) and therefore be able to dictate who can represent people in a state senate or house district. I just don't think we want to cede that power to the federal government .... and finding that this is a formal disqualification is what that amounts to.

 

I think even the current Supreme court would have that much confidence in the local voter to choose their representative.

 

pubby

 

 

Since you have looked at the documents on Pacer, does the collateral for the loan not raise some questions??? I am thinking that the colleteral is some how tied to the grading company, which was sold a little over a year ago. And that could surely open a whole new can of worms????

[Garland]

What concerns me is that he loaned his campaign money. Shouldn't he have used that money to begin paying down the judgement?

[PauldingMan93]

There ya have it.

It's legit.

Carruth doesn't pay his debts.

 

Pubby you can hate Heath all you want but at least he pays his bills like everybody else. Only someone as arrogant as Bill Corrupt thinks he shouldn't have to but that he should be our leader.

[LisaC]

What concerns me is that he loaned his campaign money. Shouldn't he have used that money to begin paying down the judgement?

What concerns me is that he hired an attorney, but didn't file a response to the Complaint or to the Motion for Default Judgment... He could have easily stretched this case out through the election if he had done that (and legitimately would be in a position to say that it was ongoing litigation over a debt for which he doesn't believe he owes).

[lucky64]

I signed up for the federal court pacer project last night and got the credentials today. I checked these documents from that source and I'm appalled the documents were as easily editable as they were ... but apparently they were as available from the federal court filing system.

 

There are a couple of other things notable and that includes the original loan apparently was to mature in 2009 and, as the banks were in default, etc. that deadline passed.

 

If the law is such that this disqualifies him from holding office, then so be it. It doesn't change my opinion that Mr. Heath doesn't represent Paulding and given the residents of Polk and Haralson county voted 2:1 against him, he wouldn't appear to represent them either.

 

However, I do not think that a loan that, through receiver after receiver comes to be owned by the FDIC - an insurance program put together by banks under law to assure the stability of the banking system - is necessarily a disqualification if for no other reason this would give the federal government the ability to buy any debt and declare the borrower in default (rightly or wrongly) and therefore be able to dictate who can represent people in a state senate or house district. I just don't think we want to cede that power to the federal government .... and finding that this is a formal disqualification is what that amounts to.

 

I think even the current Supreme court would have that much confidence in the local voter to choose their representative.

 

pubby

 

Well, the proof is right there that he lied.

[gpatt0n]

Since you have looked at the documents on Pacer, does the collateral for the loan not raise some questions??? I am thinking that the colleteral is some how tied to the grading company, which was sold a little over a year ago. And that could surely open a whole new can of worms????

 

tbird:

 

I looked at the loan documents and what I saw was collateral in the form of stock in the name of the Carruths. Stock in what company is unknown? Given the time and place, I suspect that collateral was in a joint real estate venture that included Carruth and others that went kerplunk by the fall of 2008. There is no proof that he paper was assigned to Aiken grading as it would have referenced the company had it been a guarantor of the loan. The loan was to mature in 2009 and I suspect that he surrendered the stock called for in the collateral agreement.

 

I think it important to know this was a business loan and it did show that some $300,000 or so of the principal had been paid; presumably by the December 2009 maturity.

 

Usually, in loans of this nature with relatively short terms (two years) there is a tacit understanding that the loan will be renewed and interest rate renegotiated. That the bank that originally made the loan had defaulted and the bank that ended up with the loan had also defaulted leaving the FDIC holding the paper, it is obvious that there was no way that by 2011, when the FDIC worked through the stacks of paper and turned this note over for collection, that a rollover was even possible.

 

Bottom line, with the recession tens of trillions in wealth evaporated to never ever come back. Some of that wealth was in stock in ventures, other of that wealth was in bank debt and loans. If you didn't lose money in the past recession, you were either very smart or very lucky or more likely, very smart and very lucky. Either way, most folks lost and those who did lose money/wealth had a common trait that separates them from folks like Bill Heath ... they are risk takers.

 

So yes, I would concede that Bill Heath didn't lose any money but as he so aptly pointed out in the debate the other night, he is a gift taker who won't sign any pledge not to take a gift valued at more than $100 from a lobbyist knowing that might cause him a problem in the future.

 

pubby

 

PS: As far as whether the Mr. Carruth meets residency 'officially' is a matter up to the Secretary of State or the state election board or some similar body. He says he does; the voter whom I presume supports Mr. Heath claims he doesn't. Ultimately there will be a hearing on that matter, sooner than later (and also on the owning money complaint) and those entities will decide whether Mr. Carruth is qualified to represent Paulding.

 

Given his record in Paulding, asking that question in the first place is chickencheese that says to me that Mr. Heath is afraid of having him in the race.

[feelip]

tbird:

 

I looked at the loan documents and what I saw was collateral in the form of stock in the name of the Carruths. Stock in what company is unknown? Given the time and place, I suspect that collateral was in a joint real estate venture that included Carruth and others that went kerplunk by the fall of 2008. There is no proof that he paper was assigned to Aiken grading as it would have referenced the company had it been a guarantor of the loan. The loan was to mature in 2009 and I suspect that he surrendered the stock called for in the collateral agreement.

 

I think it important to know this was a business loan and it did show that some $300,000 or so of the principal had been paid; presumably by the December 2009 maturity.

 

Usually, in loans of this nature with relatively short terms (two years) there is a tacit understanding that the loan will be renewed and interest rate renegotiated. That the bank that originally made the loan had defaulted and the bank that ended up with the loan had also defaulted leaving the FDIC holding the paper, it is obvious that there was no way that by 2011, when the FDIC worked through the stacks of paper and turned this note over for collection, that a rollover was even possible.

 

Bottom line, with the recession tens of trillions in wealth evaporated to never ever come back. Some of that wealth was in stock in ventures, other of that wealth was in bank debt and loans. If you didn't lose money in the past recession, you were either very smart or very lucky or more likely, very smart and very lucky. Either way, most folks lost and those who did lose money/wealth had a common trait that separates them from folks like Bill Heath ... they are risk takers.

 

So yes, I would concede that Bill Heath didn't lose any money but as he so aptly pointed out in the debate the other night, he is a gift taker who won't sign any pledge not to take a gift valued at more than $100 from a lobbyist knowing that might cause him a problem in the future.

 

pubby

 

PS: As far as whether the Mr. Carruth meets residency 'officially' is a matter up to the Secretary of State or the state election board or some similar body. He says he does; the voter whom I presume supports Mr. Heath claims he doesn't. Ultimately there will be a hearing on that matter, sooner than later (and also on the owning money complaint) and those entities will decide whether Mr. Carruth is qualified to represent Paulding.

 

Given his record in Paulding, asking that question in the first place is chickencheese that says to me that Mr. Heath is afraid of having him in the race.

 

I have never seen you lower your standards to this point. I don't care for Bill Heath either, but I'm not selling my soul to the devil over him. If Carruth stops too fast you'll have to have your head surgically removed from his ass.

[Garland]

I have never seen you lower your standards to this point. I don't care for Bill Heath either, but I'm not selling my soul to the devil over him. If Carruth stops too fast you'll have to have your head surgically removed from his ass.

 

+1000. It is beginning to make me a little ill. He can justify supporting Carruth by selling his soul.

[jp184]

I remember when the company Carruth and his wife ran sold. I have a family member who knows the Aiken family well. Let's just say things happened with the sale of that company without letting some people know who would have fought to keep the company. This all happened around the time Thomas Aiken passed away. Thomas was very much loved by this person, who loved to spend time sitting around talking to him. I totally agree, I want to hear more from JK Rogers.

[gpatt0n]

I have never seen you lower your standards to this point. I don't care for Bill Heath either, but I'm not selling my soul to the devil over him. If Carruth stops too fast you'll have to have your head surgically removed from his ass.

 

I'm not lowering standards; I'm maintaining options that will hopefully put someone from Paulding in the State Senate seat.

 

Indeed, I wish there were more options than those offered by just the GOP.

 

pubby

[zoocrew]

Power. Money. All the stuff that comes with it.

 

And people are being manipulated like pawns in the political game.