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Old 03-25-2008, 07:32 PM
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quasimodo quasimodo is offline
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Join Date: May 2007
Location: Are there States?
Posts: 131
• License numbers for debt collection practices and Registered Agent.
• A completed, signed and notarized copy of the attached Debt Collectors Disclosure Statement with all required documents as detailed therein.


At this time I will also inform you that if your offices have reported invalidated information to any Credit Bureau this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent this may set the groundwork for litigation for the following:

• Violation of the Fair Credit Reporting Act
• Violation of the Fair Debt Collection Practices Act
• Violation of the Truth In Lending Act
• Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration and the Debt Collectors Disclosure Statement (attached herein), I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for advice on further action. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

I would also like to request, in writing, that no telephone contact be made by your offices to my home, or my cellular telephone, or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

In regard to recovery on a promissory note, should this matter go to court your company will be required to prove:

(1) the existence of the note in question;
(2) that the party sued signed the note;
(3) that the plaintiff is the owner or holder of the note in due course;
(4) that a certain balance is due and owing on the note.
See In Re: SMS Financial LLC. v. Abco Homes, Inc. No.98-50117 February 18, 1999 (5th Circuit Court of Appeals.), and
(5) that NATIONAL CITY MORTGAGE CO. Is the holder in due course of an original negotiable instrument pursuant to UCC 3-302
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