Loading ...
Sorry, an error occurred while loading the content.

Disclosure request

Expand Messages
  • Al Cintra-Leite
    Hi Bear , sorry I don t know how to attach stuff so here it is- It needs a few things like asking what date the alleged contract was allegedly executed on, and
    Message 1 of 1 , Apr 23 10:11 PM
    View Source
    • 0 Attachment
      Hi Bear , sorry I don't know how to attach stuff so here it is- It
      needs a few things like asking what date the alleged contract was
      allegedly executed on, and some spell checking and whatnot , but I
      think it may be helpful in California.... the document I adapted it
      from was set up for Massachusetts and if someone wants that I can
      probably find the original to post if it's ok with Bear.... Al

      DOCUMENT #1009 DATED APRIL 15TH 2009


      DEBT COLLECTOR DISCLOSURE STATEMENT REQUEST

      Re “Offer of Performance”

      This statement and the answers contained herein may be used by
      Respondent, if necessary, in any court of competent jurisdiction.

       
      Respondent:
      Joe Blough
      123 Main Street


      TO: Nick Iezza
      555 MARIN ST. STE 140
      THOUSAND OAKS, CA. 91360 

      Re:   Ln Aquisitions Inc. and Wells Fargo account # ?????????

      Hello:
               This is a request for validation.  Please be advised that I am
      not refusing to pay, but I need the information requested in this
      correspondence before I can make any offer to settle this account.  I
      would like to settle this issue as soon as possible and I may have a
      counter claim to set-off the disputed balance, this is why I am sending
      you these questions.  Please answer the following questions relating to
      the disputed account and return them to me within thirty (30) days. 

      page 1 of 14


                   This Debt Collector Disclosure Statement is not a
      substitute for, nor the equivalent of, the hereinabove-requested
      verification of the record, i.e. “Confirmation of correctness, truth,
      or authenticity, by affidavit, oath, or deposition” (Black’s Law
      Dictionary, Sixth Edition, 1990), re the alleged debt, and must be
      completed in accordance with the Fair Debt Collection Practices Act, 15
      USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12
      CFR 226, and demands as cited herein in Offer of Performance.  Debt
      Collector must make all required disclosures clearly and conspiciously
      in writing re the following:

        1.  Please state your name, occupation and mailing address.

      2. Are you an attorney with your oath of office on your licence and
      duly endorsed by you as required by , in accordance with and in
      compliance with California Business and Professions code section 6067?

      3. Can you provide notarized proof of the date on which you became
      compliant with California Business and Professions code 6067?

        4.  Identify the source of the funds in the account that is the
      subject matter of this lawsuit.

        5.  Produce all records, reports, memoranda relating to the source
      of funds relating this disputed account and list all other sources of
      information such as computer file names and names of databases or
      locations at which related information is located or accessible.

      6.  What was the account number of the account in which the funds were
      held prior to the opening of the account that is the subject matter of
      this collection?

      7.  Who was the owner of each account and list those individuals having
      signature rights to each account referred to in question # 6?

      8.  Identify the account that was debited when the disputed account was
      created.

      page 2 of 14


      9.  Who was the owner of each account debited in answer #8 and or list
      those individuals having signature rights to each account?

      10.  Identify the source of the funds that created the disputed account.

      11.  Did the funds for the disputed account originate from another
      account or lending institution?

      12.  List the names and addresses of all lending institutions from
      which any funds were purportedly originated.

      13.  Please identify the account number from which the funds originated
      in order to create the disputed account.

      14.  Admit that no other account was debited when the disputed account
      was created.

      15.  If you denied that no other account was debited when the disputed
      account was opened or created, please identify the account that was
      debited by account number and the name or names of the debited
      account’s signer, holder and/or owner, and explain how the funds for
      this account were originated.

      16.  If you denied that no other account was debited when the disputed
      account was opened or created, state the total balance of this debited
      account at the time the debit was made and, list the names of the
      signers on the account and the date that the account was opened along
      with the opening balance.

      17.  Admit that Wells Fargo Bank, N.A.  was the depositer for the
      account that is the subject matter of this collection.

      18.  Please produce all documents and information, including the
      original written contract and all reciepts, checks notes , etc., signed
      by the defendant , related in any way, to your implication or
      allegation that a loan was given to the defendant.

      page 3 of 14


      19. Admit no loan contract was signed and you are in fact referring to
      an alleged verbal contract.

      20.  Which employee of the bank authorized the transaction? Identify by
      name and official title and or position.

      21.  If any loan origination system, software or other procedures were
      used in the opening of the disputed account, please identify the system
      by name and describe how it works.

      22.  According to the alleged loan agreement, was the purported lender
      or financial institution involved in the alleged loan to use their
      money as adequate consideration to purchase the promissory note from
      the alleged borrower?  YES or NO.

      23.  According to the bookkeeping entries, did the purported lender or
      financial institution involved in the alleged loan agree to use their
      money as adequate consideration to purchase the promissory note from
      the alleged borrower?  YES or NO.

      24.  According to the alleged loan agreement, was the purported lender
      or financial institution involved in the alleged loan to accept
      anything of value from the alleged borrower that would be used to fund
      a check or similar instrument in approximately the amount of the
      alleged loan?  YES or NO.

      25.  According to the bookkeeping entries, did the purported lender or
      financial institution involved in the alleged loan accept anything of
      value from the alleged borrower that would be used to fund a check or
      similar instrument in approximately the amount of the alleged loan? 
      YES or NO.

      26.  Was the intent of the purported loan agreement that the party that
      funded the loan should be repaid the money lent?  YES or NO.

      page 4 of 14

      27. Is the alleged contract written in the English language?

      28. Was defendant offered or supplied copies of contract in any other
      language?

      29. If Yes , what language or languages?

      30. At what time and in what way were these other offers made?

      31.If in English ,Is the alleged contract written according to the
      rules of Style as stated in Strunk and Whites “The Elements of Style”,
      third edition?, According to what grammatical rules was the contract
      written?

      32 .If the answer to above question # 31 is no , according to what
      grammatical rules was the alleged contract written?

      33 Do the grammatical rules used to write the alleged contract change
      from sentance to sentance and at different places in the alleged
      contract , ?

      34.  Did the purported lender involved in the alleged loan follow
      Generally Accepted Accounting Principles, GAAP?  YES or NO.

      35.  Were all material facts disclosed in the alleged agreement?  YES
      or NO.

      36.  What is the name and address of any bank auditor or certified
      public accountant involved with or having any relation to the
      accounting function regarding the disputed account?

      37.  Identify the name of the records or system of accounting records
      or ledgers reflecting the transactions for the disputed account.

      38. Identify each trasaction for the disputed account including all
      records
      involved for each transaction , including date of each alleged
      transaction
      amount of each alleged transaction, location of each alleged
      transaction,
      all signed reciepts and any and all other records and or information
      pertaining to said alleged transactions.

      page 5 of 14

      39.  Were any loan numbers assigned to the disputed account?

      40.  If you answered yes to the above question, please list those
      account numbers.

      41.  Explain how each account was created or originated.

      42.  Explain how the funds for each account were deposited and where
      they orignated.

      43.  Was an account created with the purported loan amount then debited
      to fund the disputed account?

      44.  Please explain your answer to the above question.

      45.  Please produce any and all records and tangible evidence relating
      to the questions herein and send them along with your response.

      46.  Re this alleged account, if Debt Collector is different from
      alleged Original Creditor, does Debt Collector have a bona fide
      affidavit of assignment for entering into alleged original contract
      between alleged Original Creditor and alleged Debtor?

      47.  Did Debt Collector purchase this alleged account from the alleged
      Original Creditor?  YES   NO  N/A (Not Applicable)

      48.  If  applicable, date of purchase of this alleged account from
      alleged Original Creditor, and purchase amount:

      Date:...............................................................Amou
      nt. $....................................................

      49.  Did Debt Collector purchase this alleged account from a previous
      debt collector?  YES   NO   N/A

      page 6 of 14


      50.  If applicable, date of purchase of alleged account from previous
      debt collector, and purchase amount.

      Date:...............................................................Amou
      nt. $....................................................

      51.  Regarding this alleged account, Debt Collector is currently the:

      (a)  Owner; (b) Assignee;  (c)
      Other-
      explain:................................................................
      ...........

      52.  What are the terms of the transfer of rights re this alleged
      account?
      ........................................................................
      .........................................................

      53.  If applicable, transfer of rights re this alleged account was
      executed by the following method:

      (a) Assignment; (b) Negotiation; (c) Novation;  (d) Other - explain:
      ..............................................
      ........................................................................
      ........................................................................
      ....

      54.  If the transfer of rights re this alleged account was by
      assignment, was there consideration?  YES  NO  N/A

      55.  What is the nature and cause of the consideration cited in #54
      above?

      56.  If the transfer of rights re this alleged account was by
      negotiation, was the alleged account taken for value?

      YES   NO   N/A

      57.  What is the nature and cause of any value cited in #56 above?

      58.  If the transfer of rights re this alleged account was by novation,
      was consent given by alleged Debtor?  YES    NO    N/A

      59.   What is the nature and cause of any consent cited in #58 above?

      page 7 of 14


      60.   Has Debt Collector provided alleged Debtor with the requisite
      verification of the alleged debt as required by the Fair Debt
      Collection Practices Act?  YES   NO

      61.   Date said verification cited above in #60 was provided alleged
      Debtor:.............................

      62.   Was said verification cited above in #60 in the form of a sworn
      or affirmed oath, affidavit, or deposition?   YES   NO 

      63.   Verification cited above in #60 was provided alleged Debtor in
      the form of:  OATH  AFFIDAVIT  DEPOSITION.

      64.Name , Address, license # and licence expiration date of Notary
      Public who verified above item.

      65.   Does Debt Collector have knowledge of any claim(s)/defense(s) re
      this alleged account?   YES  NO

      66.   What is the nature and cause of any claim(s)/defense(s) re this
      alleged account?

      67.   Was alleged Debtor sold any products/services by Debt
      Collector?   YES   NO

      68.   What is nature and cause of any products/services cited above in
      #67?

      69.   Does there exist a verifiable, bona fide, original commercial
      instrument between Debt Collector and alleged Debtor containing alleged
      Debtor’s bona fide signature?  YES  NO

      70.   What is the nature and cause of any verifiable commercial
      instrument cited above in #69?

      page 8 of 14


      71.   Does there exist verifiable evidence of an exchange of a benefit
      or detriment between Debt Collector and alleged Debtor?  YES  NO


      72.   What is the nature and cause of this evidence of an exchange of a
      benefit or detriment as cited above in #71?

      73.   Does any evidence exist of verifiable external act(s) giving the
      objective semblance of agreement between Debt Collector and alleged
      Debtor?   YES   NO

      74.   What is the nature and cause of any external act(s) giving the
      objective semblance of agreement from #73 above?

      75. Admit there was no written contract, and any contract alleged was
      verbal only.

      76. Admit alleged contract was not written according to the rules of
      grammar and punctuation stated in “Strunk and Whites Elements of Style
      third edition” , and are therefor void for vagueness and this lawsuit
      has no merit due to failure to state a claim on which relief can be
      granted.

      77. Admit any alleged written contract was made null and void by
      changing the terms of said contract.

      78. Admit any alleged contract filed with this court is not a true
      and accurate copy of said alledged contract , and contains errors in
      grammer , spelling , punctuation and logic , and is therefor not in
      fact an accurate representation of any legally binding contract
      alledged to have been entered into by defendant .

      79. What is the nature and originating entity of any alleged
      “Money”used in any alleged transaction for which defendant is alledged
      to have participated?

      page 9 of 14



      80.What is the nature and originating entity of any “money” or
      payment that is demanded?

      81. Was there ever any money loaned or given by plaintiff to
      defendant , or was there only promises to pay money, signified by
      electronic bookeeping entries?

      82. Was there ever any money loaned or given by plaintiff to any
      other person or persons on behalf of defendant, or was there only
      promises to pay money , signified by electronic bookeeping entries?

      83. Itemize:(A) To whom were these promises given ,(B) When were they
      given , (C) How much was promised? (D) on what date, in each case, was
      that promise fufilled ? (E) In what form ,and in what amount, in each
      case , was that promise fufilled, ie, (1) Gold Coin , (2) Silver Coin ,
      (3) Other.

      84. If answer to above Question # 83 (E)(1) is Other , please
      specify(A) exactly what was paid (B)how much was paid ,(C) by whom it
      was paid , (D)to whom it was paid and (E)when it was paid , in each
      case.

      85.If answer to above Question # 83 (E)(1) is Other , please
      specify (A) Exactly what is demanded as payment? (1) Gol;d coin (2)
      Silver coin (3) Note or Notes , and (B) Exactly where in the alledged
      contract was this allegedly agreed to by defendant?

      86. As The Constitution for the United States of America , Article 1
      , Section 10 states that “No State shall make any Thing but Gold or
      Silver coin a tender in payment of debt, Admit there is no lawful money
      with which the state can legally require someone to pay a debt,
      therefor this lawsuit is invalid for lack of a claim stated on which
      relief can be granted.

      87.   Have any charge-offs been made by any creditor or debt
      collector regarding this alleged account?  YES   NO

      page 10 of 14


      88.   Have any insurance claims been made by any creditor or debt
      collector regarding this alleged account?  YES    NO

      89.  Have any tax write-offs been made by any creditor or debt
      collector
      regarding this alleged account?  YES   NO

      90.   Have any tax deductions been made by any creditor or debt
      collector regarding this alleged account?  YES  NO

      91.  Have any judgments been obtained by any creditor or debt
      collector regarding this alleged account?  YES  NO

      92.  At the time the alleged original contract was executed, were
      all
      parties fully informed of the meaning of the terms and conditions
      of said
      alleged original contract?  YES  NO

      93.  At the time of the alleged original contract was executed,
      were all
      parties advised of the importance of consulting a licensed legal
      professional before executing the alleged contract?  YES  NO

      94.At the time of the alleged original contract was executed, were
      all
      parties advised that terms of the contract could be changed by
      either
      party and still have the contract stay in effect? YES NO

      95.Cite statutes and or case law that states that the terms of a
      contract
      can be changed and still have the contract stay valid and intact
      when
      only one party understands or agrees to the changes made.

      96.  At the time the alleged original contract was executed, were
      all
      parties apprised that said alleged contract was a private credit
      instrument?  YES  NO

      97.  Does Debt Collector have bona fide proof that the live-born
      human
      known as Joe Blough is the fiduciary for the non-existent juristic
      entity known as JOE BLOUGH ? YES  NO

      page 11 of 14


      98.  Did alleged Creditor inform the live-born human known as Joe
      Blough that they would be creating a non-existent juristic entity to
      be known as JOE BLOUGH in order to permit the creation of
      new money based upon a monetized signature which was accepted for
      value?  YES  NO

      99.   If “Yes” to Question # 93, how was this information
      transmitted?
       (A) VERBAL   (B)  IN WRITING

      100. Does Plaintiff have defendants permission to use any voice
      recordings allegedly made of defendants voice?

      101.Please provide proof of above permission alleged in response
      to question # 100.

      102.. Please identify any insurance policys related in any way to the
      account in question, that were applied for and or paid for by
      defendant,
      whether used or unused by defendant and or plaintiff.

      103. Please verify the bank and bank account number for which
      defendent is allegedly responsible.



      page 12 of 14



      II.   Debt Collector’s failure, both intentional and/or otherwise, in
      completing/answering fully, truthfully, and completely questions “1”
      through “94”, as enumerated above and returning this Debt Collector
      Disclosure Statement, as well as providing Respondent with the
      requisite verification validating the hereinabove-referenced alleged
      debt, within 30 days of its receipt constitutes Debt Collector’s tacit
      agreement that Debt Collector has no verifiable, lawful, bona fide
      claim re the hereinabove-referenced alleged account, and that Debt
      Collector tacitly agrees that Debt Collecter waives all claims against
      Respondent and indemnifies and holds Respondent harmless against any
      and all costs and fees heretofore and hereafter incurred and related re
      any and all collection attempts involving the hereinabove-referenced
      alleged account.

      III.   Declaration:  The Undersigned hereby declares under penalty of
      perjury of the laws of this State that the statements made in this Debt
      Collector Disclosure Statement are true and correct in accordance with
      the Undersigned’s best firsthand knowledge.



      Date                                                                    
                 Printed name of Signatory

      Official Title of Signatory 

      Authorized Signature for Debt Collector

      page 13 of 14


      IV.   Debt Collector must timely complete and return this Debt
      Collector Disclosure Statement, along with all required documents
      referenced in said Debt Collector Statement.  Debt Collector’s claim
      will not be considered if any portion of the Debt Collector Disclosure
      Statement is not completed and timely returned with all required
      documents, which specifically includes the requisite verification, made
      in accordance with law and codified in the Fair Debt Collection
      Practices Act at 15 USC §1692 et seq., and which states in relevant
      part:  “A debt collector may not use any false, deceptive, or
      misleading representation or means in connection with the collection of
      any debt,” which includes “the false representation of the character,
      or legal status of any debt,” and “the threat to take any action that
      cannot legally be taken,” all of which are violations of law.  If Debt
      Collector does not respond as required by law, Debt Collector’s claim
      will not be considered and Debt Collector may be liable for damages for
      any continued collection efforts, as well as any other injury sustained
      by Respondent.  Please allow thirty (30) days for processing after
      Respondent’s receipt of Debt Collector’s response.

       

       
                                                             
                                                              Signature

      page 14 of 14
    Your message has been successfully submitted and would be delivered to recipients shortly.