| | | Page 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 | HELP! Legal Straw Man and Sovereignty UCC-1 theory valid?
| Moreinfoplease
User ID: 106184
7/20/2006 10:41 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
I still have a court summons tho, it is seperate and arrived before the letter.
The famous Jewish historian Josephus attests to its authenticity. He says that Alexander the Great, during his war against Persia in the fourth century B.C.E., came to Jerusalem, where the priests showed him a copy of the book of Daniel. Alexander himself concluded that the words of Daniel’s prophecy that were pointed out to him referred to his own military campaign involving Persia. This would have been about a century and a half before the “forgery” as proposed by critics. |
| Anonymous Coward
User ID: 81125
7/20/2006 10:42 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
OP
The added amount above the principal is for interest, fees, legal costs etc.
If this is the original company that provided the loan, you enterred a contract with that institution and it will be harder to ignore them. They have all the documents that they need. They also have the resources to pursue you if necessary.
However, as I said everything is negotiable.
Have you tried to work out anything with them? They want the money and they KNOW that they are more likely to get it voluntarily than by court order. Just make sure that you keep notes and take names of people that you talk to. Do not accept any promises from them unless it is in writing.
Bankruptcy used to be easy, things hhave changed a bit. As it stands, if they get a judgement the worst that they can do is have the courts issue a garnishment. If you live in PA, NC or FL this may not work for them. |
| Anonymous Coward
User ID: 81125
7/20/2006 10:48 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
I see that you figured out that it is a third party. These people bought your debt at a discount from CAC. As such they are easily open to negotiation IF YOU CHOSE TO NEGOTIATE.
They are very limited in what they can do to you aside from entering a bad mark on you credit history (big deal).
It won't really make a difference unless you are looking for a vehicle or home loan in the future. Future lenders will probabl;y ask you to reconcile the debt as a condition of the loan.
The stautue of limitations limits what the collector can do. The debt does not go away however and will stay on your record until satisfied. Its not the end of the world. |
| Moreinfoplease
User ID: 106184
7/20/2006 10:50 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Its over 7 years old. I am going to let them know they are breaking the FDCPA if they continue.
I am looking up the FDCPA now.
The famous Jewish historian Josephus attests to its authenticity. He says that Alexander the Great, during his war against Persia in the fourth century B.C.E., came to Jerusalem, where the priests showed him a copy of the book of Daniel. Alexander himself concluded that the words of Daniel’s prophecy that were pointed out to him referred to his own military campaign involving Persia. This would have been about a century and a half before the “forgery” as proposed by critics. |
| Anonymous Coward
User ID: 81125
7/20/2006 10:56 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
BTW. Just because someone file a lawsuit does not mean that they have a case. take a look at the envelope to find out if the summons is real or something cooked up by the collector (yes it's been done). If they pulled that off, you have by the short hairs.
Good Luck. |
| Moreinfoplease
User ID: 106184
7/20/2006 11:04 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
SHIBUMI2
Sorry about the post b4. Put your name in wrong spot.
Ok this is what I have. Credit Acceptance Corp is the original company that made the auto loan.
***** SUMMONS SAYS *****
So far I have recieved a court summons with no *COURT* date on it. It says I can dispute the debt by filing a "written answer or motion and proof of service" within 35 days ( that's the 2th of this month for me). Looks like I need to pay $135 to the clerk for filing it too.
The total on the summons is $5,566.01 for the balance and $606.60 for the attorney's fee.
***** LETTER FROM DEBT COLLECTOR SAYS *****
A few days ago I got a letter saying they know I have been served with their papers. The current balance is $16,609.38.
They then say 'Wont you kindly contact our claims adjuster at ext 8 and to discuss suitable arangements for payment of this balance.
The famous Jewish historian Josephus attests to its authenticity. He says that Alexander the Great, during his war against Persia in the fourth century B.C.E., came to Jerusalem, where the priests showed him a copy of the book of Daniel. Alexander himself concluded that the words of Daniel’s prophecy that were pointed out to him referred to his own military campaign involving Persia. This would have been about a century and a half before the “forgery” as proposed by critics. |
| Moreinfoplease
User ID: 106184
7/20/2006 11:04 AM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
SHIBUMI2
Sorry about the post b4. Put your name in wrong spot.
Ok this is what I have. Credit Acceptance Corp is the original company that made the auto loan.
***** SUMMONS SAYS *****
So far I have recieved a court summons with no *COURT* date on it. It says I can dispute the debt by filing a "written answer or motion and proof of service" within 35 days ( that's the 2th of this month for me). Looks like I need to pay $135 to the clerk for filing it too.
The total on the summons is $5,566.01 for the balance and $606.60 for the attorney's fee.
***** LETTER FROM DEBT COLLECTOR SAYS *****
A few days ago I got a letter saying they know I have been served with their papers. The current balance is $16,609.38.
They then say 'Wont you kindly contact our claims adjuster at ext 8 and to discuss suitable arangements for payment of this balance.
The famous Jewish historian Josephus attests to its authenticity. He says that Alexander the Great, during his war against Persia in the fourth century B.C.E., came to Jerusalem, where the priests showed him a copy of the book of Daniel. Alexander himself concluded that the words of Daniel’s prophecy that were pointed out to him referred to his own military campaign involving Persia. This would have been about a century and a half before the “forgery” as proposed by critics. |
| captain obvious
User ID: 119838
7/20/2006 2:25 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
If the 7 year limit doesn't save you, don't forget to ask for the ORIGINAL NOTE.
The following story, from here
[link to www.worldreports.org]
about the Wanta plan shows the significance of DUPLICATES (not copies)of the original document.
BURNING THE RECORDS – AND COVERING FOR BUSH SR.
The Iron Mountain fires have been described as panic measures by criminalist
foreign cadres to destroy the evidence of the massive serial financial fraud
that has been exposed by International Currency Review and its associated
intelligence publications. If so, the arson was wholly in vain, as duplicate and
original copies of the relevant documents are stored in 25 special locations
worldwide. These frauds have been driven by criminal gangs operating within
the US official structures, allegedly led by George Bush Sr., who has been
exposed by British and other intelligence informants as the actual head of
Deutsche Verteidigungs Dienst. |
| Moreinfoplease
User ID: 106184
7/20/2006 2:32 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Will do capt. O. Thanks for link. Reading it now.
The famous Jewish historian Josephus attests to its authenticity. He says that Alexander the Great, during his war against Persia in the fourth century B.C.E., came to Jerusalem, where the priests showed him a copy of the book of Daniel. Alexander himself concluded that the words of Daniel’s prophecy that were pointed out to him referred to his own military campaign involving Persia. This would have been about a century and a half before the “forgery” as proposed by critics. |
| shibumi2
User ID: 74188
7/20/2006 2:36 PM
 | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Rocking, Dude.
Third Party Debt Collectors are fucking toast once people learn the truth.
anyway, I don't know what the SUMMONS says...can you scan and post it in photobucket or somewhere?? If you do...black out your personal info and account/case numbers. IDENTITY FRAUD.
Anyway, you need to read the FDCPA, and pay attention to the part about verifying the debt. you have 30 days from receipt of their letter to dispute the debt...fortunately, they almost never send them out CERTIFIED/RETRUN RECEIPT....cheap bastards.
MAKE SURE YOU DON'T BLOW THE 30 DAY DISPUTE WINDOW...WHEN you dispute the debt, you put them on notice that you dispute part, or all of the ALLEGED DEBT. Which is true, because they are jacking you with interest, legal fees, handling their sack fees, etc. So you're disputing that until they prove their case.
When you send the dispute letter, YOU'RE going to send it back REGISTERED, RETURN RECEIPT...arent YOU?? YES, You Are!
Don't feel bad about confusing the bullshit paper with something official...that's done by design..they weren't expecting you to actually READ it....bad, bad sheep.
OK. Read the FDCPA thoroughly. And read their letter over and make sure you understand what they are saying...and make sure their is no pending action in any court for them to get a DEFAULT judgment against you. DOUBTFUL at this point.
BE AWARE THAT IF YOU "DISPUTE THE DEBT" THEY MUST VALIDATE IT BEFORE THEY, BY LAW, CAN TAKE ANY FURTHER ACTION....INCLUDING COURT ACTION!...REMEMBER WHAT I SAID EARLIER....NO VERIFICATION...NO ORIGINAL...NO DEBT?? HOW THE FUCK ARE THEY GOING TO GET YOU INTO COURT IF THEY CAN'T VERIFY THE DEBT?
The poster above is right...these chumps "bought" "evidence of debt", not the real think unless they hold the original document and the original signature. Which almost never happens.
Usually they pay about $7 per thousand of discharged debt. So they are out of pocket on your $6K about $50 or so.THATS RIGHT. pocket change.
The poster above is correct...they are HAPPY to negotiate. HAPPY. Anything over $50 is GRAVY. But they are attorneys...above the law and deserving of your $$...PARASITES.
Do it right and they get squat, which is more than they deserve. |
| Moreinfoplease
User ID: 106184
7/20/2006 3:09 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
I am editing and uploading the dock for you Shibumi2
The famous Jewish historian Josephus attests to its authenticity. He says that Alexander the Great, during his war against Persia in the fourth century B.C.E., came to Jerusalem, where the priests showed him a copy of the book of Daniel. Alexander himself concluded that the words of Daniel’s prophecy that were pointed out to him referred to his own military campaign involving Persia. This would have been about a century and a half before the “forgery” as proposed by critics. |
| Dirt Farmer
User ID: 118885
7/20/2006 3:12 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
dude...if it's over 7 years old, it almost certainly is a debt collector....if so, you're home free. Quoting: shibumi2
7 years since your last payment, not 7 years since aggreement was made.
It's only life, you'll never get out alive.
I have a lot to accomplish, and not much time to accomplish it.
Opinions are like assholes, everyone has one. |
| Moreinfoplease
User ID: 106184
7/20/2006 3:27 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Shimbumi the info is stored here
[link to s114.photobucket.com]
The famous Jewish historian Josephus attests to its authenticity. He says that Alexander the Great, during his war against Persia in the fourth century B.C.E., came to Jerusalem, where the priests showed him a copy of the book of Daniel. Alexander himself concluded that the words of Daniel’s prophecy that were pointed out to him referred to his own military campaign involving Persia. This would have been about a century and a half before the “forgery” as proposed by critics. |
| Moreinfoplease
User ID: 106184
7/20/2006 3:29 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Well if that is true I am going to just ask for the original note.
The famous Jewish historian Josephus attests to its authenticity. He says that Alexander the Great, during his war against Persia in the fourth century B.C.E., came to Jerusalem, where the priests showed him a copy of the book of Daniel. Alexander himself concluded that the words of Daniel’s prophecy that were pointed out to him referred to his own military campaign involving Persia. This would have been about a century and a half before the “forgery” as proposed by critics. |
| BluzGal
User ID: 58341
7/20/2006 3:39 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
I just went through a Chapter 13 bankruptcy (where you make monthly payments). When researching that, I learned that unsecured debts (credit cards etc) are relatively easy to get out of. Secured loans (like for cars and houses) are not so easy. They can come and collect the stuff that secures your loan. Facing that, I recommend bankruptcy. Depending on your income there might be several options available and it's not all that expensive. My lawyer even put half his bill in the bankruptcy plan so I didn't have to pay him much up front. Sure it's best to avoid this, but in my case, the IRS was getting set to take property that I own with family (including their half) so bankruptcy seemed to be the standup thing to do.
Sure you can try to work around it all legally, but odds are slim with secured loans. Good luck! |
| Moreinfoplease
User ID: 106184
7/20/2006 4:20 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Shibumi2
I think I did blow the 30 dispute window as I did recieve mail from them b4. But I never read it or opened it. I trashed it most of the time.
Because I never read it do I still have the dispute window? Is it possible to tell them that I never recieved their mail (from the debt collector that is)?
The famous Jewish historian Josephus attests to its authenticity. He says that Alexander the Great, during his war against Persia in the fourth century B.C.E., came to Jerusalem, where the priests showed him a copy of the book of Daniel. Alexander himself concluded that the words of Daniel’s prophecy that were pointed out to him referred to his own military campaign involving Persia. This would have been about a century and a half before the “forgery” as proposed by critics. |
| Anonymous Coward
User ID: 119881
7/20/2006 4:57 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Such great advice!
I feel like getting a credit card now! |
| shibumi2
User ID: 74188
7/20/2006 5:47 PM
| | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Shibumi2
I think I did blow the 30 dispute window as I did recieve mail from them b4. But I never read it or opened it. I trashed it most of the time.
Because I never read it do I still have the dispute window? Is it possible to tell them that I never recieved their mail (from the debt collector that is)? Quoting: Moreinfoplease
they probably don't have any proof of mailing, so its your word versus theirs.
I'm trying to read the docs, but haven't figured out how to enlarge yet. printed off 1 doc and looked like the letter date is 7/13/2006.
I would just use that date and go forward with the process.
I'll try and read the rest
were you served with the "summons"? i mean, did it come certified mail or did a sheriff or process server come to your door and deliver it? |
| Anonymous Coward
User ID: 53983
7/20/2006 7:47 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Here's a sample letter you can mail those sleazy debt collectors. For those posting good advice here, please modify to suit the occasion:
[Your Name]
[Your Mailing Address]
[Your City/State/Zip]
Certified Mail, Return Receipt Requested # [Insert the Certified Mail Receipt Number here]
[Insert Date of Mailing]
[Insert name of collection agent, if available]
[Name of collection agency]
[Street address]
[City/State/Zip]
REF: [Agency's account no. assigned to you]
Dear [Insert name of debt collector calling, if available]:
1. You are hereby notified under provisions of Public Laws 104-208, also known as the Fair Debt Collection Practices Act, that your services are no longer desired.
2. You and your organization must CEASE & DESIST all attempts to collect the above-alleged debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and the [Texas] Attorney General's office. I will pursue all criminal and civil claims against you and your company.
3. Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.
4. Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.
5. Since it is my policy neither to recognize nor deal with collection agencies, I will deal only with the original creditor if and when notified by such creditor that such indebtedness exists.
Give this matter the attention it deserves!
And have a nice day.
Without Prejudice UCC 1-207
Sincerely yours,
Best website for this kind of topic! Ben does not like debt collectors! Good advice here and easy to understand.
[link to www.benjamindover.com]
Scroll down for Ben's "Cease and desist letter to debt collectors.
. |
| Anonymous Coward
User ID: 109258
7/20/2006 8:03 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
shimbumi- where in the WORLD are you getting your "legal" priciples from? maybe my law school had it all wrong... |
| Moreinfoplease
User ID: 119980
7/20/2006 8:09 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Shimbumi2
A sherrif delivered it. It had to be signed for. My wife signed for it.
The famous Jewish historian Josephus attests to its authenticity. He says that Alexander the Great, during his war against Persia in the fourth century B.C.E., came to Jerusalem, where the priests showed him a copy of the book of Daniel. Alexander himself concluded that the words of Daniel’s prophecy that were pointed out to him referred to his own military campaign involving Persia. This would have been about a century and a half before the “forgery” as proposed by critics. |
| shibumi2
User ID: 74188
7/21/2006 10:29 AM
| | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
shimbumi- where in the WORLD are you getting your "legal" priciples from? maybe my law school had it all wrong... Quoting: Anonymous Coward 109258
You're law school, if that's what you in fact attended, is a complete sham. But you know that already, don't you. How many books that attorneys have in their impressive bookshelves have they actually read? ANSWER===ZERO. Attorneys are LAZY and STUPID. They hire paralegals to do the little research that is done on most cases, and in most cases the underpaid paralegals are doing all the brief writing anyway. Attorneys lie routinely about billable hours and laugh about it..Think about that attorney...the practice of cheating clients is so prevalent that it's a standing joke among attorneys...what scumbags...an attorney will represent a client accused of shoplifting, then steal from that same person by lying about the hours spent representing the "thief".
Have you personally read the FDCPA? It's a short read and spells out pretty clearly what the responsibilities of third party debt collectors are.
The central aspects are:
1) Within 30 days of receipt of notification, a consumer may challenge the validity of the debt in question.
2) Once challenged, the debt must be proved before any further debt collection activities take place. That means no more dunning letters, harassing phone calls, threats, intimidation, coercion, etc. etc.
3) If you're an attorney, you can tell me the two acceptable elements that will VALIDATE a debt. If you don't know, you should find out before questioning those that do know.
4) One of those elements, an ORIGINAL signed document is almost NEVER available due to the FRAUDULENT nature of the US banking system, the FED and the scumbag attorneys that run the debt collection racket.
5) When you checkmate the process with the 30 day notification, they can't do shit. Unless they can validate...and they can't. SO they will send bogus "validations" or try to get the hapless victim in court to SELF VALIDATE. Between the two approaches, 99% of victims are sucked into the impellers of justice and relieved of their few remaining FRN's.
6) So, if you send the right response letter, they are blocked and checkmated in most cases...(exception...state banks generally because they FOLLOW THE LAW)
7) Guess what the scumbags do then??? They resell the DEBT...FUCKERS. Theyu get beat at their own game, so they turn around and resell the debt to their fellow scumbags...Gives you an idea of their ethics in that they don't even hesitate to fuck over their own kind. Like a shark will eat another injured shark...except the debt collection attorneys are actually JACKELS or ROACHES. YEAH, ROACHES in that they wallow in their own excrement and feed off the suffering of others. |
| shibumi2
User ID: 74188
7/21/2006 10:30 AM
| | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
I still have a court summons tho, it is seperate and arrived before the letter. Quoting: Moreinfoplease
what is the date of service (ie when were you served) and is there an appearance date on the summons?
i'm having trouble reading the docs in photobucket...but CAC is clearly a 3rd party debt collector.
Hope the service was less than 30 days ago. |
| shibumi2
User ID: 74188
7/21/2006 10:36 AM
| | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Shimbumi2
A sherrif delivered it. It had to be signed for. My wife signed for it. Quoting: Moreinfoplease
if your wife signed for it. it is a valid service...anyone in your immediate family over the age of 14 (varies a little by state) that signs for something served on you is as if given to you directly.
Don't blame her, tho. everyone reacts the same way when confronted by AUTHORITY FIGURES. Use this lesson to teach your family members the law.
The only real issue is that it officially starts the clock on time related issues such as the 30 day response. |
| shibumi2
User ID: 74188
7/21/2006 10:44 AM
| | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Here's a sample letter you can mail those sleazy debt collectors. For those posting good advice here, please modify to suit the occasion:
[Your Name]
[Your Mailing Address]
[Your City/State/Zip]
Certified Mail, Return Receipt Requested # [Insert the Certified Mail Receipt Number here]
[Insert Date of Mailing]
[Insert name of collection agent, if available]
[Name of collection agency]
[Street address]
[City/State/Zip]
REF: [Agency's account no. assigned to you]
Dear [Insert name of debt collector calling, if available]:
1. You are hereby notified under provisions of Public Laws 104-208, also known as the Fair Debt Collection Practices Act, that your services are no longer desired.
2. You and your organization must CEASE & DESIST all attempts to collect the above-alleged debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and the [Texas] Attorney General's office. I will pursue all criminal and civil claims against you and your company.
3. Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.
4. Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.
5. Since it is my policy neither to recognize nor deal with collection agencies, I will deal only with the original creditor if and when notified by such creditor that such indebtedness exists.
Give this matter the attention it deserves!
And have a nice day.
Without Prejudice UCC 1-207
Sincerely yours,
Best website for this kind of topic! Ben does not like debt collectors! Good advice here and easy to understand.
[ link to www.benjamindover.com]
Scroll down for Ben's "Cease and desist letter to debt collectors.
.
Generally, this letter is not a good response. My understanding is that you can tell them to CEASE AND DESIST from contacting you, but you WAIVE some of the rights in the FDCPA...In other words, they can continue with collections process, including filing suit against you, where they usually win by default 99% of the time.
I don't understand #1 at all. They are not working for you, and you have not employed them.
The rest of the points don't make much sense either...if they obtrain judgment against someone, they can certainly report it to the credit reporting agencies.
IMPORTANT...if you intend to THREATEN some legal action against them, CITE (tell them) what law they are violating, down to the statute...otherwise, they are going to not take you seriously and think you are a fool. If there is a law they are violating, by all means put it in writing, but CITE the LAW...i.e....if you persist in harassing me without validating the debt in question, I will file suit against you under the provisions of Federal RICO statutes, as you are the second firm to contact me in relation to this debt and interstate communication has been used in a scheme of fraud....for example.
DON'T MAKE IDLE THREATS. Stick to the law and make them do so as well. |
| shibumi2
User ID: 74188
7/21/2006 10:48 AM
| | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
Here is something i'm involved with now...third collection agency to contact me on this...the first two tucked tail and ran, as I expect this one to as well.
If they don't I'm going to file suit for fraud and racketering under RICO statutes.
Dewey, Cheatum and Howe PC
PO Box XXX
Lowlife TX 66666-6666
Attn: Unknown—Unsigned Correspondence Received
June X, 2006
VIA: Certified Mail # _________________________
Re: Your account #666
A collection letter was received from your office on May X, 2006.
You are hereby in receipt of notice under the authority of the Fair Debt Collections Practices Act regarding your above referenced file number that part, or all, of the alleged debt is DISPUTED and hereby demand validation and verification, in writing, as follows:
1) A copy of the ORIGINAL signed contract and other supporting documentation that gave rise to the alleged obligation Dewey, Cheatum and Howe PC is claiming owed.
2) Statement, under penalty of perjury:
a. that your client is the bona fide party in interest of the contract and will produce said ORIGINAL signed contract (#1 above) for my own and a judge’s inspection should there be a trial to contest these matters.
b. the name and address of all persons, corporations, associations, legal firms or any other parties and entities having an interest in the collection or legal proceedings regarding the alleged debt.
c. that as a debt collector you have not purchased evidence of debt and are proceeding with this collection activity solely in the name of the original contracting party.
d. that you know and understand that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause.
e. and provide written verification from the stated creditor that you are authorized to act on their behalf in this debt collection action.
f. That Dewey Cheatum and Howe PC has taken reasonable and prudent diligence to verify that the amount claimed owed is in fact a legitimate debt prior to instigating this action and making said claims, and that all relevant correspondence has been reviewed prior to initiating this claim.
3) Production of the account and general ledger statement showing the full accounting of the alleged obligation you are attempting to collect from me, signed and sworn by the person responsible for maintaining these records and having first hand knowledge as to their accuracy and authenticity, and able to testify under oath to that effect.
Contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt constitutes a scheme of fraud by advancing a writing that you know or should know is false, with the intention that the courts and/or others rely on the written communication to impair or damage my credit rating, my reputation, my standing in the community as well as intentionally inflicting financial and emotional harm upon me. I take this notice, and my rights, very seriously and expect Dewey Cheatum and Howe to do the same.
Your firm is now the third debt collection firm to contact me in regards to this alleged debt. I have requested the exact same information from each firm and to date have received no response. In the event that this debt is not validated by you as required by the Fair Debt Collections Act, you have a legal responsibility to terminate the claim and correct any negative credit reporting which may have been made in connection with this alleged debt. You may want to obtain a legal opinion on this, but I believe that would constitute a scheme of fraud if this debt were to be resold; assuming that Dewey Cheatum and Howe PC has in fact purchased evidence of debt in this matter.
I also will not respond to any future correspondence which is not signed or does not indicate who at your firm has sent the demand for payment.
I expect timely responses to the above confirmations and that they be made in writing and sent via certified mail to the address listed below. Alternately, a letter from your firm that the matter has been satisfied and that any adverse credit reporting relating to this transaction has been expunged by the three major credit reporting agencies.
Signed
U.R. Fraud |
| shibumi2
User ID: 74188
7/21/2006 10:50 AM
| | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
THIRD PARTY DEBT COLLECTORS==LAWYERS==SCUMBAG TRASH |
| Anonymous Coward
User ID: 120199
7/21/2006 12:06 PM | | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
shibumi2, the letter I posted worked like a charm for me so that there was no further contact made from the collection agency. I have a second one here that should do as well for old written-off debts that have passed the period of 7 years, but are still being sold:
[Your Name]
[Your Address]
[Your City/State/Zip Code]
Via Certified Mail, Return Receipt Requested # [Insert Certified Mail Receipt Number here]
[Insert today's date]
[Insert name of Collection Agent]
[Insert Name of Collection Agency]
[Insert Collection Agency Address]
[Insert Collection Agency City/State/Zip]
REF: Your Account # [Insert the account number they're referencing]
Dear [Insert-choose one: Mr./Ms.] [Last Name]:
The collection action referenced by the account number above is not an enforceable action.
As you will be able to verify after completing your due diligence, the date of last activity/charge off on this account is [Insert date of last activity or last payment; if unavailable, estimate month and year].
Not only has this debt long passed the enforceability period; it has also long ago passed the 7-year reportability period (as defined in the Fair Credit Reporting Act) with any credit bureau in the United States.
As a result, I consider this matter closed and trust you will reflect the same in your files. If you have any questions or comments regarding this account, please contact me, in writing, at once.
Thank you for your prompt attention to this matter.
Sincerely,
[ Sign your name here]
[Insert your name here]
Same website: [link to www.benjamindover.com]
(BTW, I liked very much the letter you posted. That one should not necessitate the writing of a second one! Whew!)
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| shibumi2
User ID: 74188
7/21/2006 1:05 PM
| | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
hey 120199....sorry if i came off a little preachy. My main concern was that when one tells them to stop contacting them, it doesn't stop the process...rather, it allows the debt collectors to move to the next phase which is filing suit and moving the issue into state court. Although they have to product the same level of evidence in court, it is MUCH more intimidating to argue points of law in front of a judge (who is typically harsh with pro se litigants) and almost always rules for the plaintiff in these cases.
much better off to handle it in a way that cuts them off from this option.
bottom line is all that matters...if your letter worked who can argue with that??
KUDOS dude, for fighting the good fight! |
| shibumi2
User ID: 74188
7/21/2006 1:07 PM
| | Re: HELP! Legal Straw Man and Sovereignty UCC-1 theory valid? | Quote |
BTW, your second letter was right to point and accurate in its presentment of the issues and conclusions.
I'm going to hang on to that one for future reference. It would be great if Broke AC's case is over 7 years...sounds like a simple way out. |
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