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#1 03-23-2004, 10:13 AM

Good day all,
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I received a dunning letter from a collector attorney a bit ago.& I followed up with a VOD and a CPN, like I always do.
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This is my situation.& Saturday in the mail I got my VOD and CPN returned to me with EVERY page stamped in big red letters REJECTED and the back of the pages stamped received <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" /><st1:date Year="2004" Day="11" Month="3">Mar 11 2004</st1:date>.<o

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I know for certain that my tender of payment under HJR 192 was received and I also know that my good faith tender of payment for the alleged debt has been dishonored.<o

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My question is how do I stay in the up most of honor?& My thoughts are as follows:<o

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<LI class=MsoNormal style="MARGIN: 0in 0in 0pt; COLOR: black; mso-list: l0 level1 lfo1; tab-stops: list .5in">Send notice of dishonor.<o></o></LI>
<LI class=MsoNormal style="MARGIN: 0in 0in 0pt; COLOR: black; mso-list: l0 level1 lfo1; tab-stops: list .5in">Send a thank you note to the attorney for dishonoring the instrument, because according to my state code Title 30 § 604 (2) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender.& While I am on the subject of code I also found in my state code under Title 30 §419 (1) (1) the measure of liability is presumed to be the amount payable on the instrument, BUT recovery MAY NOT exceed the amount of the plaintiff’s interest in the instrument.<o></o></LI>
<LI class=MsoNormal style="MARGIN: 0in 0in 0pt; COLOR: black; mso-list: l0 level1 lfo1; tab-stops: list .5in">Would I just wait until their next correspondence, and at that point pass along the code stating that if an instrument is dishonored, there is discharge?& From experience I bet I get passed off, sold to, another collector.& If I had five Federal Reserve notes for every collector I have delt with it would really help cover the cost of certified mail.<o></o></LI>
<LI class=MsoNormal style="MARGIN: 0in 0in 0pt; COLOR: black; mso-list: l0 level1 lfo1; tab-stops: list .5in">I think I might even to a business search at the Secretary of States office to see if he is licensed to do business in my state.& I am really thinking not, their office is located more than half way across the country from me.<o></o></LI>

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Verina <o

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