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Re Comments on Fair Debt Letters

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  • Christopher Dilts
    Hello I really like these letters, but there are somethings a person can add for it to be more succesful . The first letter is missing reference to the
    Message 1 of 11 , Apr 27, 2005
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      Hello

      I really like these letters, but there are somethings a person can add for it to be more succesful. The first letter is missing reference to the creditor duty to respond. This can be found in Truth and Lending Act Resiscison of contract or RESPA quilified written request when dealing with mortgages or other secured loans which involve person property. If dealing with a credit card company or unsecured debt one can use the Fair Credit Billing act

      By reminding the creditor of their duty to respond and if they fail to respond latter down the road if they decide to bring a court action against a debtor they can counter sue for these violations of consumer law. Which in most cases gives an offset that can eliminate the debt completely. Also it is important since in most cases attorneys for these creditors go into court with the presumpation that if a debtor failed to raises these defenses they loss the right to dispute the debt in court. (I seen happen before even though it is bogus argument) So by including these reference to creditors duties you lay a solid foundation for a counter suit , not to mention a cross petition against the creditor attorney for violations of consumer law for lack of personal knowledge of the case. (the attorney should be informed of debtor consumer dispute although never is making him liable as well). So it would be wise to include them for this very reason. I have seen a debtor counter sue a bank, then bring the attorney in as a defendant, when defending agaist a valid debt. As you can imagine this costs the creditor attorney much more then he is paid (creditor attorneys are look at as the bottom of the barrel even by their co attorneys as can be seen by looking into any NCLA publication) not to mention in most cases he will have to withdraw as counsel for the creditor since it is violation of his ethics.

      On the second letter using the fair debt collection pratice act , to my knowledge there is no set time the collection agency has to respond in at least under the fair debt collection pratice act. Although you can set 30 days as a response time using section 1692n relation of state law bringing other law into the collection agency duty to respond setting the resonable time standard found under the UCC 1-204 to 30 days by implyed contract. ( doing the same thing a collection agency does to a debtor by stating if they do not respond within thirty days the debt is presumed valid in this case the debtor is stating if they fail to respond the debt is consider invalid)

      Another important thing to note is that under the FDCPA the term vaildation is not defined and if the letter goes to a attorney the first thing he will respond with he only has to give name, account number, name of debtor , and the amount owed. This is true by looking at one piece of case law , but if you do your research there is other case law that states vaildation requirment is different depending on , if the person is saying that they have wrong guy, or that the debt has been paid, or statute of liminations is up etc. Below is some good case law to send in dispute also see NCLA Fair Debt Collection Practice Act Book. Since more then likely any run of the mill creditor attorney will send this as their response

               Spears v. Brennan, 745 N.E.2d 862 (Ind. App. 2001). Failure to  disclose clearly in � 1692g notice that the consumer had the right to dispute the debt and stating that the consumer had thirty days to act but without stating that the thirty days is calculated from receipt

                of the notice violated � 1692g. ). Scheduling a hearing date in small claims court and obtaining a default judgment within the thirty-day validation period infringed on the consumer�s right to have the complete thirty days in which to dispute the debt. Consumers may not waive their rights under the FDCPA. The ��FDCPA is a strict liability statute and that a consumer need not show intentional conduct by the debt collector to be entitled to damages.�� Providing a copy of the original signed contract is not a sufficient verification to a general � 1692g dispute, since it cannot show basic necessary information such an accounting of payments made and interest and

                fees charged; therefore, attorney collector�s continuing to collect the debt by procuring a default judgment after the dispute and inadequate verification violated � 1692g(b).

      Another important note to this FDCPA request is many states will have more requirements of collection agencies then the Federal law requires such as in Illinois if a collection agency does not have a license they committed a misdemeanor. So it is always important to check states consumer law because I can almost guarantee out of state collection agency will not be in compliance with State law. Also the process I use once a vaildation letter such as this is sent out and I fail to get a respones or the legal respones they are suppose to give I file a online complaint with the FTC which beleive it or not this usually scares them away or makes them comply.

      Well other then those few notes I really like the letters and if any our interested I have done two 100 page books on the subject using thousands of dollors worth of legal material to put them together. These books also contain other types of tricks to get debt  cases dismissed in court and in the administrative process not to mention ways to clean up credit reports that actually have vaild debts on them. The packets are 25 dollars each or you can get them in e book format with, case law, different states consumer laws, sample pleadings, and more on the Research CD for 75 dollars. If anyone interested let me know we have had 2000 to 10000 lawsuits involving debts dismissed using this info and taken 35 of 45 negitive actually court judgments up to 100,000 dollars taken of credit reports. So using the law in these letters works everytime if done properly. Okay sorry about the sales pitch hope I did not offend anyone

      PS Thanks Mr. Bear for the interesting info on term God,on the Good luck deities, and for helping me to correctly post in this forum

      Jamie

    • greg lesher
      Does any one have any good case law on the tender of payment? (gold and silver coin) In the process of a Declaratory Judgment suit. Greg There is a mental
      Message 2 of 11 , Apr 27, 2005
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        Does any one have any good case law on the tender of
        payment? (gold and silver coin)

        In the process of a Declaratory Judgment suit.

        Greg

        There is a mental attitude which is a bar against all information, which is a bar against all argument, and which cannot fail to keep a man in everlasting ignorance. That mental attitude is, condemnation before investigation.



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      • Bill
        Why use case law, which is only the opinion of someone masquerading as a judge. Why not cite Article I, Section 8, Clause 5 and Article I, Section 10, Clause
        Message 3 of 11 , Apr 28, 2005
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          Why use case law, which is only the opinion of someone masquerading as a judge. Why not cite Article I, Section 8, Clause 5 and Article I, Section 10, Clause I of the U.S. Constitution. Simply assert that you can find no evidence to indicate that the Constitution was amended to alter or excise these parts of the Constitution. You may also assert that a statute cannot amend a part of the Constitutition -- it must be an amendment. Then ask for evidence to the contrary.

          ----- Original Message -----
          From: greg lesher
          To: tips_and_tricks@yahoogroups.com
          Sent: Wednesday, April 27, 2005 11:43 PM
          Subject: [tips_and_tricks]Case law on tendering payment (gold)



          Does any one have any good case law on the tender of
          payment? (gold and silver coin)

          In the process of a Declaratory Judgment suit.

          Greg

          There is a mental attitude which is a bar against all information, which is a bar against all argument, and which cannot fail to keep a
        • paradoxmagnus
          If you really want case law, you might like this. Patrick in California An unconstitutional act is not law: it confers no rights; it imposes no duties;
          Message 4 of 11 , Apr 28, 2005
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            If you really want case law, you might like this.

            Patrick in California

            "An unconstitutional act is not law: it confers no rights; it imposes
            no duties; affords no protection; it creates no office; it is in legal
            contemplation, as inoperative as though it had never been passed."
            NORTON v. SHELBY COUNTY, 118 U.S. 425
          • Cyril Grosse
            I ve stumbled across research that seems to indicate that most modern alleged acts of legislature are non-constitutional on their face due to the lack of
            Message 5 of 11 , Apr 29, 2005
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              I've stumbled across research that seems to indicate that most modern
              alleged "acts" of legislature are non-constitutional on their face due to
              the lack of enacting clause which specifies the legislative origin of
              authority.

              -Cyril Grossé
              ________________________________________________________________
              "A truth's initial commotion is directly proportional to how deeply the lie
              was believed. When a well-packaged web of lies has been sold gradually to
              the masses over generations, the truth will seem utterly preposterous and
              its speaker, a raving lunatic." --Dresden James




              -----Original Message-----
              From: tips_and_tricks@yahoogroups.com
              [mailto:tips_and_tricks@yahoogroups.com] On Behalf Of paradoxmagnus
              Sent: Thursday, April 28, 2005 10:04 PM
              To: tips_and_tricks@yahoogroups.com
              Subject: [tips_and_tricks] Re: Case law on tendering payment (gold)

              If you really want case law, you might like this.

              Patrick in California

              "An unconstitutional act is not law: it confers no rights; it imposes
              no duties; affords no protection; it creates no office; it is in legal
              contemplation, as inoperative as though it had never been passed."
              NORTON v. SHELBY COUNTY, 118 U.S. 425












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            • Christopher Dilts
              Hello Well you cannot just site the constitution. Yes it is a first class legal authroity but, from begining of a Republic case law (form of common law) has
              Message 6 of 11 , Apr 30, 2005
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                Hello

                Well you cannot just site the constitution. Yes it is a first class legal authroity but, from begining of a Republic case law (form of common law) has always been used to define such things as our constitution, law, court rules etc. As to it being worthless opinions I do aploygies if this offends anyone , but in my experiance positive case law (headnotes, or legal holdings not context of case) when used correctly has boxed even the most prejudical of courts into a corner where they had to rule in my favor. So case law that is head notes or holdings that are positive law will make your case. The one real problem with just citing the constitution here is that since the UCC came in and since I am assume this is dealing with a mortgage of some kind you cannot boardly cite the constitution as a defense. Their first and valid defense will be that under the contract which is government by UCC (most contracts actaully state this) it was agree that certain tender which is consider federal reserve notes are considered legal tender in whatever state in most of these contracts. In order to win on that type of argument you will have to cite state case law states gold and silver is tender (remeber states can always give more constitutional protects that supersede federal), that the bank in forming and excution of the contract actaully never gave anything of value (since federal resevre notes not worth nothing and all partyies in contract must give somthing of value in order not to be adhesive or void), this is where tender case law comes in to show value, also we have to show how you truly where not aware of this at time(so then can not raise defenses that you where aware of all conditions of contract) this is so they can not bring up not our fault you made dumb contract, and finally you will want speically plead this in most states as your answer and motion to dismiss or you may waive right to.(most states require void contracts, or usury, fraud, to be raised speificaly in answer with facts supporting it or it is consider waived).

                If this is a mortgage there are other defenses I will look for such as TILA violations, RESPA violations, or even state law violation of usuary statutes(above legal limit Illinois is 9 percent)

                If credit card FDCPA, FCRA, and defenses such as lack of personal knowledge (failure to have affidavit filed with complaint)

                If you like I can send you tender case law for your state. I have already research all 50 states on the issues.MODERATOR/BEAR: PAY ATTENTION!! DO NOT request the case law for your state by posting to the group; REQUEST IT STRAIGHT FROM JAMIE AT HIS EMAIL ADDRESS...THIS IS A WARNING!So would be no problem. Oh what ever you do not cite that Michigan case that suppose to support Federal Resevre Money is no good etc. That case was overturned , not to mention it was only a case ruled on by magistrate (has no binding authority even in that local court), and from what I have seen is just a patriot siver bullet argument sold at high prices and personally know people that it failed to work for. Welll I hope this helps , that I did not assume anything incorrectly, and if did hope it still helps. Let me know if you want case law

                Oh one last thing I used usuary defenses, as well as essiental elements of contracts, (no meeting of mind, considerartion, value etc), and void contract due to violation of statute in mortgage void judgment case and actaully had attorneys try to settle case after judgment been rendered for 5 years. That should show the power of it would have probably vacated if person who motion was used would have went through to hearing instead of dropping it.

                Jamie

                >From: greg lesher <downwiththeun@...>
                >Reply-To: tips_and_tricks@yahoogroups.com
                >To: tips_and_tricks@yahoogroups.com
                >Subject: [tips_and_tricks]Case law on tendering payment (gold)
                >Date: Wed, 27 Apr 2005 21:43:03 -0700 (PDT)
                >
                >
                >
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              • Bob law
                ... It is my understanding that the Enactment Clause is only required when the Congress of the united States(50 union state Republics) is assembled and
                Message 7 of 11 , May 1, 2005
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                  Cyril Grosse' wrote:
                  > I've stumbled across research .........modern
                  > alleged "acts" of legislature >

                  It is my understanding that the "Enactment Clause" is
                  only required when the Congress of the united
                  States(50 union state Republics) is assembled and
                  legislating for the States.
                  I could be mistaken, and have been before, but as I
                  understand the jurisdiction of Congress it is
                  bifurcated, and they legislate for predominately the
                  "federal zone", and for the States only on rare
                  occasion.
                  Later,
                  Bob L.



                  > I've stumbled across research .........modern
                  > alleged "acts" of legislature >

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                • Christopher Dilts
                  Hello Note: Mr Bear sorry about attaching case law I will not send attachments to group when for speific members. Thanks for the heads up. The enactment
                  Message 8 of 11 , May 1, 2005
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                    Hello

                    Note: Mr Bear sorry about attaching case law I will not send attachments to group when for speific members. Thanks for the heads up.

                    The enactment argument is a beautiful legal pricnipal. I defined it in my Winning Before you Plea packet along with misnomer argument, the procedure verified complaint argument, and the common law verified complaint argument (no victum no crime). The enactment argument does take some good legal research to pull off and I have always gave a procedure reason to dismiss the charge so as to give court a way out. Iin most states that I know of it would be a question that the court would most likely require to be address by state supreme court first if you where to challenge the constitutionality of statute being charge with, but if use argument as grounds to attach charge for defects in the prosecution for missing valid statement of violation then this is simply procedural question. Below is segment from packet of mine I hope you find this interesting.

                    Jamie

                    (From Winning before you Plea)

                    Enactment Argument

                     

                    Layman�s definition: The enactment argument is when the books that contain the law are missing an enactment clause on the face of the law or the law itself failed to be enacted properly. One may think that this is trivial, but for example in Illinois the enactment clause was on the face of the law books from 1850 to 1975 that in itself should show its importance not to mention it is a piece of evidence the court then have to take mandatory judicial notice of. So what is the enactment clause? It simply is a statement that is required to be including in all bills (laws) in order to show the public that the law has been enacted.  Most states require it in their constitution (In Iowa it is found in Art 3 sec 1 of their constitution In Illinois it is Art. 4 section 8) some do not. The courts have ruled that if the law books (statutes) lack this simple requirement they are not valid laws since courts are to interupt statutes as a whole.

                     

                     

                     

                    Legal Definition: I will use Iowa and Illinois as an example

                     

                    General assembly. SECTION 1. The legislative authority of this state shall be vested in a general assembly, which shall consist of a senate and house of representatives: and the style of every law shall be. "Be it enacted by the General Assembly of the State of Iowa ."

                    Passage of Bills section 8 The enacting clause of the laws of this State shall be, �Be it enacted by the People of the State of Illinois , represented in the General Assembly.�

                    Application:  In order to use this argument correctly one must apply their states case law in several areas of law.  First, find when your state stopped placing the enactment clause in their law books. The reason for this is, when you can show that your state had the enactment clause in their books at one time, you can force the court to take judicial notice of that undisputable fact. Second, one must find case law on how the constitution of the state is supreme authority in your State court and all laws not pursuant to it are void. The reason for this is to force the court to abide by the constitutional requirements for statutes to have an enactment clause on the face of the law. Third, one must find case law on how the courts are required to read, construe, and apply statutes. The reason for this is that the court will not be able to say that the law has the enactment clause, but it is just not on the face of the law when they interpret the application of the enactment statute. Finally, give the court a way out by allowing them to dismiss your case on a procedural defect instead of trying to force the issue itself.

                    Sample format  see motion to dismiss at end of this packet



                     

                    >From: "Cyril Grosse" <cyril@...>
                    >Reply-To: tips_and_tricks@yahoogroups.com
                    >To: <tips_and_tricks@yahoogroups.com>
                    >Subject: RE: [tips_and_tricks] Re: Case law on tendering payment (gold)
                    >Date: Fri, 29 Apr 2005 19:56:04 -0700
                    >
                    >
                  • paradoxmagnus
                    Rre statutes that are non properly enacted VOID or are they PRIVATE law? Patrick in California It ain t what ya don t know that hurts ya. What really puts a
                    Message 9 of 11 , May 1, 2005
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                      Rre statutes that are non properly enacted VOID or are they PRIVATE
                      law?

                      Patrick in California

                      It ain't what ya don't know that hurts ya. What really puts a hurtin'
                      on ya is what ya knows for sure, that just ain't so. -- Uncle Remus


                      --- In tips_and_tricks@yahoogroups.com, "Christopher Dilts"
                      <christopherdilts@h...> wrote:
                      >
                    • Sterling W Wyatt
                      Agreed. That is the missing case cite I am looking for that says to the effect that the presumption is that UNLESS EXPRESED OTHERWISE, the Laws of Congress
                      Message 10 of 11 , May 1, 2005
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                        Agreed. That is the missing case cite I am looking for that says to the effect that the presumption is that UNLESS EXPRESED OTHERWISE, the "Laws of Congress" are under the "exclusive legislation" clause and apply only to the so called "federal zone".
                         
                        Now apply that knowledge to the various excise and income tax laws in the IRC.  Seems to me to fit nicely with Ralph's recent release of his research on "substantive" regulations - which most of the income tax laws don't have.
                         
                        Wayne
                         
                         On Sun, 1 May 2005 08:17:21 -0700 (PDT) Bob law <saveyourpay@...> writes:
                        ---snip---
                        I could be mistaken, and have been before, but as I
                        understand the jurisdiction of Congress it is
                        bifurcated, and they legislate for predominately the
                        "federal zone", and for the States only on rare
                        occasion.
                         
                      • paradoxmagnus
                        Is this what you were looking for? (c) Application of Terms. As used in these rules the following terms have the designated meanings. Act of Congress
                        Message 11 of 11 , May 1, 2005
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                          Is this what you were looking for?

                          (c) Application of Terms. As used in these rules the following terms
                          have the designated meanings. "Act of Congress" includes any act of
                          Congress locally applicable to and in force in the District of
                          Columbia, in Puerto Rico, in a territory or in an insular
                          possession.
                          Title 18 United States Code FEDERAL RULES OF CRIMINAL PROCEDURE,
                          Rule 54. Application and Exception



                          --- In tips_and_tricks@yahoogroups.com, Sterling W Wyatt
                          <swwyatt@j...> wrote:
                          > Agreed. That is the missing case cite I am looking for that says
                          to the
                          > effect that the presumption is that UNLESS EXPRESED OTHERWISE,
                          the "Laws
                          > of Congress" are under the "exclusive legislation" clause and
                          apply only
                          > to the so called "federal zone".
                          >
                          > Now apply that knowledge to the various excise and income tax laws
                          in the
                          > IRC. Seems to me to fit nicely with Ralph's recent release of his
                          > research on "substantive" regulations - which most of the income
                          tax laws
                          > don't have.
                          >
                          > Wayne
                          >
                          > On Sun, 1 May 2005 08:17:21 -0700 (PDT) Bob law <saveyourpay@y...>
                          > writes:
                          > ---snip---
                          > I could be mistaken, and have been before, but as I
                          > understand the jurisdiction of Congress it is
                          > bifurcated, and they legislate for predominately the
                          > "federal zone", and for the States only on rare
                          > occasion.
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