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Originally Posted by rawgoatsmilk
As in, I don't know the difference between a VOD and a BBQ. I'm trying to say, I'm ignorant, like most people. Without opening my own dumb thread, I would like to ask: is this forum suggesting that it is possible to get out of paying credit card debt? (By, i assume, exposing the fraudulent contract.) Perhaps I should start there. Is that what this forum is suggesting?
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A better way that "I" would do it is to request for a "mutually signed contract or agreement of novation." Most agreements/contracts come with the standard clause that the so-called creditor can sell or transfer the note, but what is not said is that it (cc company) has to give notice, and inform as to "who." This is never done. Asking for verification of debt is effective. However, I like challenging the stop. Go to the VERY beginning. No contract, no valid entitlement right to claim.
As far as not paying (sic) credit card debt, (i) there is no debt, but for the sake of argument (ii) most credit card companies immediately sell those accounts to third party debt collectors. At this point "novation" has occurred without agreement. AND the CC has been "paid" (sic).
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CIVIL CODE
SECTION 1530-1533
1530. Novation is the substitution of a new obligation for an existing one.
1531. Novation is made:
1. By the substitution of a new obligation between the same parties, with intent to extinguish the old obligation;
2. By the substitution of a new debtor in place of the old one, with intent to release the latter; or,
3. By the substitution of a new creditor in place of the old one, with intent to transfer the rights of the latter to the former.
1532. Novation is made by contract, and is subject to all the rules concerning contracts in general.
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THE FOREGOING IS NOT TO BE CONSTRUED AS LEGAL ADVICE. SHOULD ONE NEED ADVICE, ONE SHOULD CONSULT COMPETENT COUNSEL. OPERATIVE WORD BEING COMPETENT.