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HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
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Anonymous Coward
User ID: 614955
6/7/2009 12:39 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
You people talk as though the money system is devised as a way to keep you down. It's not. YOU CHOOSE to take loans and/or credit cards. YOU CHOOSE to use them to accumulate debt. Then when YOUR CHOICES prove to be bad, you blame the system. Ever hear of personal accountability? Quoting: Anonymous Coward 9482
It might be they're misdirected AWAY from the true issue called the Federal Reserve. |
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Anonymous Coward
User ID: 681687
6/10/2009 7:03 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
a lot of great info here. thanks all
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SmartPeopleSmartMoney
User ID: 702957
6/15/2009 2:20 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
I've been looking for folks who have actually done what User ID: 692317, that affidavit.
Has anyone actually been spit out of this "system" and received sovereignty over their "commercial existence," or so it seems?
Still looking into this rabbit hole to see if it goes anywhere.  |
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Anonymous Coward
User ID: 714997
6/30/2009 5:56 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Quoting: Anonymous Coward 368509 |
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ClockworkRed
User ID: 721838
7/9/2009 12:13 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
The Federal Reserve is not Federal it is a front for a private banking cartel, and that is on the record congressional testimony.
1913 the federal reserve act was passed
20 years later in 1933 under Franklin D. Roosevelt the United States was declared banktrupt.
And so in 1933 The Federal Reserve Bank/Privately owned corporation(NOT A GOVERNMENT AGENCY) said ok USA how are you going to pay for the debt that you owe me.
By 1936 They instituted the Social Security System and you and I and our children and our childrens children were pledged as collateral on the debt of our government to the Federal Reserve.
Since 1933 our Government has been working under emergency powers of our government.
The privately owned Federal Reserve Bank Prints FRNs (Federal Reserve Notes/Dollar Bills) which are counterfeit/fiat currency. There is no gold and silver backing the Dollar Bill.
Why do you think your birth certificate comes on Bond Paper?
A bond has a monetary value to it. It is worth something. Therefore your birth certificate has a monetary value to it as well.
All your bills can be paid after going through a process of FREEING YOUrSELF simply by writing this directly on the bill
1. Accepted for value by drawee
2. Exempt from levy
3. Your signature & date
4. Exemption ID # - SSI# no spaces
5. Adjust Account for SET-OFF
6. Deposite to US Treasury and charge the same as my ALL CAPS NAME.
There was no debt to begin with. In fact they are lending you us our own money.
For the original question on this post - you never actually bought that car you do not own that car in which you are paying a loan on. People are under the misconception that we are buying and selling things when in fact we are only involved with transfer of names on the tittle. The names that go on this title are actually only purchasing a lean position on the tittle. So you did not actually buy that car, you bought a debt position on the tittle. The transfer of name on a tittle does not get you possession of the car.
Look up winston shrout he will set you free. |
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Clockwork Red
User ID: 721838
7/9/2009 12:24 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
The Federal Reserve is not Federal it is a front for a private banking cartel, and that is on the record congressional testimony.
1913 the federal reserve act was passed
20 years later in 1933 under Franklin D. Roosevelt the United States was declared banktrupt.
And so in 1933 The Federal Reserve Bank/Privately owned corporation(NOT A GOVERNMENT AGENCY) said ok USA how are you going to pay for the debt that you owe me.
By 1936 They instituted the Social Security System and you and I and our children and our childrens children were pledged as collateral on the debt of our government to the Federal Reserve.
Since 1933 our Government has been working under emergency powers of our government.
The privately owned Federal Reserve Bank Prints FRNs (Federal Reserve Notes/Dollar Bills) which are counterfeit/fiat currency. There is no gold and silver backing the Dollar Bill.
Why do you think your birth certificate comes on Bond Paper?
A bond has a monetary value to it. It is worth something. Therefore your birth certificate has a monetary value to it as well.
All your bills can be paid after going through a process of FREEING Yourself with the UCC-1 and some other filings simply by writing this directly on the bill
1. Accepted for value by drawee
2. Exempt from levy
3. Your signature & date
4. Exemption ID # - SSI# no spaces
5. Adjust Account for SET-OFF
6. Deposite to US Treasury and charge the same as my ALL CAPS NAME.
There was no debt to begin with. In fact they are lending you us our own money.
For the original question on this post - you never actually bought that car you do not own that car in which you are paying a loan on. People are under the misconception that we are buying and selling things when in fact we are only involved with transfer of names on the tittle. The names that go on this title are actually only purchasing a lean position on the tittle. So you did not actually buy that car, you bought a debt position on the tittle. The transfer of name on a tittle does not get you possession of the car.
Look up winston shrout he will set you free. |
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strawhat
User ID: 733023
7/23/2009 6:08 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
I wanted to ask you'll a question about student loans from the federal government which are held by a non-profit in the state I live in. Also I have a few thousand with the federal governemnt directly. Would they have the original note or would they be like the rest ie.(auto loans, mortgage loans etc)? Thank you for your help and time! |
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Powaquatsi
User ID: 733241
7/23/2009 11:54 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Hi to All,
Synchronicity is amazing, and as is life. However Sallie Mae is not! My student loans has been in default for some time as I have never made one payment on them. They have been handed over to debt collectors. Will these remedies work for the student loans as well? If so, will my debt be sold, and is it better to go for the Accepted for Value process with something along these lines?
Any help anyone can provide on this subject with student loans in any aspect would be a big help for a lot of people. I thank you in advance for all thoughts, shared views, and knowledge on subject matter.
Peace be with All,
Pow |
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Anonymous Coward
User ID: 733217
7/24/2009 12:05 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
RuleofLawRadio.com thread. Hear July 13, 2009 |
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Anonymous Coward
User ID: 733217
7/24/2009 12:14 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Hi to All,
Synchronicity is amazing, and as is life. However Sallie Mae is not! My student loans has been in default for some time as I have never made one payment on them. They have been handed over to debt collectors. Will these remedies work for the student loans as well? If so, will my debt be sold, and is it better to go for the Accepted for Value process with something along these lines?
Any help anyone can provide on this subject with student loans in any aspect would be a big help for a lot of people. I thank you in advance for all thoughts, shared views, and knowledge on subject matter.
Peace be with All,
Pow Quoting: Powaquatsi
Yes! RuleofLawRadio.com thread. July 13th, 2009. There is your remedy. |
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Another Broke AC
User ID: 668839
8/20/2009 8:13 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Thank you all for the great information here.
I'm struggling to pay all our bills and with this summons we simply cannot afford it right now. We're being sued in small claims court for around $500, for hospital bills. I wonder if anyone here can comment on my reply below.
DEFENDANT'S REPLY IN COURT:
I deny that I owe anything to the Plaintiff, ZZZ DebtCollectors, as I have never contracted with them for any services or goods.
ZZZ DebtCollectors claim that I have debts outstanding and that they are the assignee for these debts. Therefore I request that:
(1)they validate these debts by providing the original note with my signature;
(2)they prove that they were assigned these debts by providing the agreement between themselves and the original creditor that they are the assignee; and
(3)they provide documentation to show that I agreed to such assignment.
^^^^^^^^^^^^^^^^^^^^^^
I'm hoping someone here has experience with these types of court dealings and can comment on this. Will this defense work in this type of case? Thank you!
I think I read somewhere that I should say
**I'm not asking for legal advice. For entertainment purposes only.** |
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Momof3
User ID: 753089
8/20/2009 11:37 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
SHIBUMI2 if you are still reading this thread, I have some updates on my specific situation dealing with Cap 1.
Feb. 2009 I sent them a letter requesting they send me the exact balance of the account and that they would settle the acocunt in full in direct exchange for the ORIGINAL instrument of indebtedness.
Reply: Call our customer service number. (ignored my request for orignal documents)
May 2009: I sent a reply stating that they overlooked my request and that if they could not reply within 30 days I would consider the matter legally and financially settled.
Stopped making payments.
Their reply: Confirmed the amount "owing" and that they have a valid contract with me. (blah, blah, blah)
NOTE: no "copy" of this alleged contract was enclosed in their letter.
My reply: Request to inspect the original document. Your claim that you have a valid contract with me is DISPUTED.
Produce a copy of the orignal signed contract.
Their response was a bit threatening: They state, again, they have a valid contract but that since the account was opened either via phone or internet they have no signed contract copy to send me. (Strange they would admit this??)
But they have a valid contract and they enclosed copies of the Customer agreement - nothing signed PLUS the Arbitration agreement. Also that they would pursue all collection efforts etc, etc.
My latest tactic: I sent a copy of all correspondence with Cap 1 to my state Attorney General letting him know that this creditor cannot doucment that this account is mine and they have no original contract. That they are attempting to coerce me into making payments under duress by calling EVERY DAY even Sunday. Copy of all correspondence sent to CEO Richard D Fairbank, Federal Reserve Consumer Help and FTC (yeah I know these are fellow conspiritors, but they don't like to be ratted on). I stated that they have failed to prove their claim. This is not verbatim but just the main concepts.
Question for you:
In your experience has the addition of the mandatory "arbitration" clause made getting out of this stuff much more difficult? In my letter to our State AG I asked how I could be a party to the arbitration if they can't prove I ever signed an agreement in the first place.
What is your take? I considered making a payment by check and writing in the memo line "payment made under coercion and duress" just to buy some time. Thoughts?
Thanks for all you do!
TJ |
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Momof3
User ID: 753089
8/20/2009 11:50 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
The Federal Reserve is not Federal it is a front for a private banking cartel, and that is on the record congressional testimony.
1913 the federal reserve act was passed
20 years later in 1933 under Franklin D. Roosevelt the United States was declared banktrupt.
And so in 1933 The Federal Reserve Bank/Privately owned corporation(NOT A GOVERNMENT AGENCY) said ok USA how are you going to pay for the debt that you owe me.
By 1936 They instituted the Social Security System and you and I and our children and our childrens children were pledged as collateral on the debt of our government to the Federal Reserve.
Since 1933 our Government has been working under emergency powers of our government.
The privately owned Federal Reserve Bank Prints FRNs (Federal Reserve Notes/Dollar Bills) which are counterfeit/fiat currency. There is no gold and silver backing the Dollar Bill.
Why do you think your birth certificate comes on Bond Paper?
A bond has a monetary value to it. It is worth something. Therefore your birth certificate has a monetary value to it as well.
All your bills can be paid after going through a process of FREEING Yourself with the UCC-1 and some other filings simply by writing this directly on the bill
1. Accepted for value by drawee
2. Exempt from levy
3. Your signature & date
4. Exemption ID # - SSI# no spaces
5. Adjust Account for SET-OFF
6. Deposite to US Treasury and charge the same as my ALL CAPS NAME.
There was no debt to begin with. In fact they are lending you us our own money.
For the original question on this post - you never actually bought that car you do not own that car in which you are paying a loan on. People are under the misconception that we are buying and selling things when in fact we are only involved with transfer of names on the tittle. The names that go on this title are actually only purchasing a lean position on the tittle. So you did not actually buy that car, you bought a debt position on the tittle. The transfer of name on a tittle does not get you possession of the car.
Look up winston shrout he will set you free. Quoting: Clockwork Red
Sounds fairly straightforward, except that you state above that first you must go through the process of FREEING YOURSELF with UCC1 and other filings.
Would you care to elaborate on these filings? Also, was there an exact formula when writing the above items on the bill? Who do you send the bill to? The payment processing centers will simply shred anything you send that is just written on and mark a "zero" payment. Would you advise sending return receipt directly to that "lenders" CEO?
The reason I ask all of this is because on other forums many have said that Winston Shrout does not acutally use his own methods. If so, why not? I feel that many of these so called gurus leave out key ingredients so they can keep the real ideas to themselves. Kind of like a chef with a great recipe who gives it out BUT leaves out maybe one or two little things so when you use the recipe it isn't as good as his.
If you have successfully used your method will you care to share? I think cooperation is what it will take to defeat this beast known as the Fed Reserve.
Thanks. |
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Anonymous Coward
User ID: 741596
8/21/2009 2:12 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Honestly,
the Cosmic Christ is your only fucking hope brother.
There is no escape from these criminally insane people outside of the light.
Like zombies...they will keep coming...but sure as shit they don't wanna fuck with the light.
Moving to a safer country is also a popular option for those with a weak stomach. |
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The King: Le roy
User ID: 757087
8/26/2009 4:49 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
@ Sovereign_Newb:
I read your interesting post about the SC DMV. It was quite interesting.
It is also interesting all these things about strawmen, etc. So, there is a private trust and a cest de que trust created: private/public repectively.
There names should be the same names as indicated on the birth certificate, right.
Well, I wanted to post, because I have had some dealing with the DMV in SC. My wife, does not believe in any of these things, head in the sand and all that.
The SSN card says : Middle Name, Last Name.
The birth certificate says: First, Middle, Last Name.
So, my wife goes and gets a DL from SC. I go with her to appease her and this is what happens at the DMV.
DMV Agent: May I see your documents.
Me: Sure.
DMV Agent: We can not accept that SSN car, because it does not match your BC. You need to go to the SSA and get a new card with the correct legal name.
Me: So, you will not accept the documents as shown to you.
DMV Agent: No.
Me: I guess I will have to sue the DMV to get a drivers license. (I start to walk away, then return to the agent.) Oh, I can not do that, because driving is a privilege and traveling is a right!
DMV Agent: Yes, that is exactly right!
They know what they are doing. It is a right to travel, it is a privilege to drive. Are you traveling, or driving?
@ all:
So, the question.....
If the SSN card has a different name than the BC, then what is the cest de que trust called? Is it what was issued on the SSN, or are there two trusts...one for the BC and one for the SSN?
L |
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Damian Knight
User ID: 759064
8/29/2009 3:33 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
shibumi2???
If your still around please email me at abstraktintellekt@gmail.com
Ive got some questions and i was wondering if you can help...
Thanks...
DK |
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Mickeyblue
User ID: 330969
8/29/2009 3:40 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Do not listen to shibumi2, if this person has used this 6 times then this person is a professional debt evader and uses this to steal for which we all pay the price. Persoanlly I think this person is full of it, either way it will be of no benefit to you.
File the appropriate BK and get to working on your rehabilitation of your life. Sorry about losing your job but do not lose your integrity, that is too high a price to pay. |
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Mickeyblue
User ID: 330969
8/29/2009 3:45 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
One thing for sure on here, you listen and act outside of the regular legal path and you will end up on someone's list and will not have helped yourself move on. Much of the advice is worth the price you are paying for it. |
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Anonymous Coward
User ID: 760295
8/31/2009 1:12 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
shibumi2 and GREY ROCK!
You have made my day!  
 Dnt have an email address but we all need help from this matrix |
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Anonymous Coward
User ID: 753089
9/7/2009 3:30 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Do not listen to shibumi2, if this person has used this 6 times then this person is a professional debt evader and uses this to steal for which we all pay the price. Persoanlly I think this person is full of it, either way it will be of no benefit to you.
File the appropriate BK and get to working on your rehabilitation of your life. Sorry about losing your job but do not lose your integrity, that is too high a price to pay. Quoting: Mickeyblue 330969
Mickey, I totally know where you are coming from because I once beieved the lies that the IMF spew.
You need to do some serious research. READ the Modern Money Mechanics. Do you know they (the Fed Reserve) actually will tell you in one of their money CREATION examples that: "the $9,000 isn't ACTUALLY LOANED, otherwise no new money is CREATED". Created? Doesn't create mean to make something from NOTHING?
Did you also know that banks cannot lend their own credit? Nor can they lend their depositor's money? So where does it come from? Oh opps I forgot they CREATE it from nothing...then charge interest and fees on it. There is no "debt" for anyone to steal. Its all smoke and mirrors. READ and really search for answers. Its all computer entries, no real substance whatsover. We are "taught" and told how things work and its all a complete LIE. The great deceiveer at work to keep us under "control".
If the debt were real Shibumi2 or anyone else wouldn't have been able to "steal" or get out of it so easily. If the so called Lender had a REAL contract with the ink signatures (which by the way was SOLD and monitized on wall street) then the lender would be able to PROVE the "debt" and collect. Think and really search. |
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Anonymous Coward
User ID: 590644
9/7/2009 9:55 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
What is your take? I considered making a payment by check and writing in the memo line "payment made under coercion and duress" just to buy some time. Thoughts?
Thanks for all you do!
TJ Quoting: Momof3 753089
DO NOT MAKE ANY PAYMENT! IF YOU DO, IT WILL BE USED AS EVIDENCE AGAINST YOU TO VALIDATE THE DEBT. |
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Anonymous Coward
User ID: 590644
9/7/2009 10:03 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
The bank loans you money on deposit. [you create the deposit]
Read Two Faces of Debt found in the library at reinventing money dot com.
First you write a promissory note (sign the bank form), second the bank places the promissory note in their asset column. This is the money that the bank loans to the so-called "borrower."
When the note was no longer redeemed in any specie or any other lawful money, by default the federal reserve note became symbolic of a mutual credit system. However, neither law nor administrative practice reflects this reality.
Redemption is correct in philosophy, but not so in practice.
Hence the unpayable debt; the seignorage is improperly assigned to the bank and/or the government, but not to the people who by their labor and production of commodities and products actually back the notes. |
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Anonymous Coward
User ID: 590644
9/7/2009 10:12 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Redemption is correct in philosophy, but not so [correct] in practice. [Difficult to prove your point]
All money is actually mutual credit, and this includes specie. The use of precious metal specie in coinage is actually an anti-counterfeiting measure.
Any particular money symbol, no matter of what material constructed, serves in a mnemonic function. Money is social memory of goods and services rendered and goods and services taken. Narayana Kocherlakota is correct. Money is a social memory. It is simply that it is too easy to tell lies with electrons and paper - much more difficult to lie with coins of precious metals. Counterfeiting is telling lies with money symbols. |
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Wizdomseeker
User ID: 771184
9/14/2009 7:22 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Hi
Thank you to everyone for their courage in being a part of this valuable forum.
I got the letters to send to the credit card companies from this site. My question is what is the timing? Do you send it directly to your credit card company after they send their first late notice or wait until they send it to a debt collector? I read about the 30 day window, just would like more clarification about the 30 window so I get it right to begin with. Thank you! I am attempting to charge of 5 creditors with accumulated debt of 60K. If at any point this is not working . . . is it ever to late to claim bankruptcy?
Thank you very much! |
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itillc
User ID: 733023
9/17/2009 1:51 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Greetings All,
I have a somewhat difficult situation. Currently I have student loans that are federal but are being managed by New Mexico Student Loan Corporation (a non-profit). I am not sure if they managed or if they were purchased by them. They are for $45K. Yes I know it’s a lot. The repayment date starts in 2011. Will the process change of asking them to inspect the original note work as well. I am currently paying the Perkins student loans ($7k) in addition to the Direct Lending $18K (Federal Government). Would it be possible to ask for the original note as well? If they are not able to provide it then how would I proceed into eliminating the debt? Also I have a Citibank student loan of $3,400. Would it be possible to eliminate that one as well even thou I am paying on it now?
If I would have known how fraudulent of financial system was I would have used a different route for paying for school. Interest rates in the United States have been artificially low for 25 years which drives up inflation which is eliminating the middle class and keeping poor people financially stagnant. Now that I learned about it after the fact I don’t want to be an indentured servant all my life. Thank you for all for your knowledge and wisdom.
itillc |
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itillc
User ID: 733023
9/17/2009 2:08 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
[Greetings Shibumi2,
I have a somewhat difficult situation. Currently I have student loans that are federal but are being managed by New Mexico Student Loan Corporation (a non-profit). I am not sure if they managed or if they were purchased by them. They are for $45K. Yes I know it’s a lot. The repayment date starts in 2011. Will the process change of asking them to inspect the original note work as well. I am currently paying the Perkins student loans ($7k) in addition to the Direct Lending $18K (Federal Government). Would it be possible to ask for the original note as well? If they are not able to provide it then how would I proceed into eliminating the debt? Also I have a Citibank student loan of $3,400. Would it be possible to eliminate that one as well even thou I am paying on it now?
If I would have known how fraudulent of financial system was I would have used a different route for paying for school. Interest rates in the United States have been artificially low for 25 years which drives up inflation which is eliminating the middle class and keeping poor people financially stagnant. Now that I learned about it after the fact I don’t want to be an indentured servant all my life. Thank you for all for your knowledge and wisdom.
itillc |
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itillc
User ID: 733023
9/18/2009 10:59 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
By the way the questions I asked yesterday are for **entertainment purposes only** Thanks again! |
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Anonymous Coward
User ID: 780370
9/26/2009 6:48 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
[Greetings Shibumi2,
I have a somewhat difficult situation. Currently I have student loans that are federal but are being managed by New Mexico Student Loan Corporation (a non-profit). I am not sure if they managed or if they were purchased by them. They are for $45K. Yes I know it’s a lot. The repayment date starts in 2011. Will the process change of asking them to inspect the original note work as well. I am currently paying the Perkins student loans ($7k) in addition to the Direct Lending $18K (Federal Government). Would it be possible to ask for the original note as well? If they are not able to provide it then how would I proceed into eliminating the debt? Also I have a Citibank student loan of $3,400. Would it be possible to eliminate that one as well even thou I am paying on it now?
If I would have known how fraudulent of financial system was I would have used a different route for paying for school. Interest rates in the United States have been artificially low for 25 years which drives up inflation which is eliminating the middle class and keeping poor people financially stagnant. Now that I learned about it after the fact I don’t want to be an indentured servant all my life. Thank you for all for your knowledge and wisdom.
itillc Quoting: itillc 733023
Hi...just saw your post. If you're still around I would be interested in helping you. The student loan is a little more involved because the debt is with an agency of the US government. At the same time, it is a commercial debt and subject to some of the same laws. You may have noticed a few days ago the Kansas supreme court handed MERS a crushing defeat regarding their standing to bring eviction notices. While that case isn't directly applicable to your case, I think it demonstrates that many of the so called standard procedures accepted by most lower courts are fraudulent but that those defrauded don't have the time, money or resources to fight to the supreme court level.
Here's the deal. It is a MAXIM of law that in order to pursue collections of a debt, the ORIGINAL note is required. No matter what anyone tells you, its the LAW. I can guarantee that any note you signed is long gone, and so are the rights to bring suit.
Many attorneys will file an affidavit attesting to the fact that the original is "lost". This has gone on for years and in actuality has been successfully fought against..not to mention that on the face of it it is a lie. The doc isn't lost in the sense that it was misplaced...it was bundled and SOLD. Therein lies the difference.
So I would attack it the same way as the debt collections initially but probably will have to change strategies as I presume it will ultimately come to court. However, I am convinced they cannot prevail. At the same time, I would have to read the entire contract you signed because that will be the controlling document. Most people don't understand that we are all free to contract...it is the second most important right next to private property ownership. SO if you signed something that stripped you of the right to sue, for example, we will need to deal with that. The good news is that these agreements are CONTRACTS OF ADHESION, which makes them easier to attack. A COA is different than a real contract in that with a COA, one party writes and controls all the language. Technically, in a COA the lending party cannot even bring suit. Their remedy is limited to a cessation of services and/or a repo if it is real property. Since you are talking about an educational grant, about all they could do to recover their educational investment would be to deprive you of it via a swine flu shot (just kidding, sort of).
If you want to go forward, let me know and scan your docs so I can review. Make sure to black out all of your personal information and numbers before sending. |
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Anonymous Coward
User ID: 780370
9/26/2009 6:53 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
signed: shibumi2 |
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Anonymous Coward
User ID: 780370
9/26/2009 7:07 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
What is your take? I considered making a payment by check and writing in the memo line "payment made under coercion and duress" just to buy some time. Thoughts?
Thanks for all you do!
TJ
DO NOT MAKE ANY PAYMENT! IF YOU DO, IT WILL BE USED AS EVIDENCE AGAINST YOU TO VALIDATE THE DEBT. Quoting: Anonymous Coward 590644
that isn't true, it's just you are paying someone who has no standing in the matter...ie, throwing your money away |
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