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Old 04-29-2004, 03:26 PM
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rushpat rushpat is offline
Mental Jujitsu
 
Join Date: Oct 2004
Location: Georgia
Posts: 722
Re:Refusal for cause UCC 3-501

Actually, I already have that one. I used something like it even before they made this, as this is used in the early stages of the request for the return.

I used the older Notarial Protest (now called Notarial Certification of default). They refused to answer and defaulted. The only thing I didn't do was to have the county recorder publish it.

I was suprised when 6 months went by from the time of their last request to the time of the Notice of Proposed Assessment. At this stage, the Commercial Toolbox 3.0 was more appropriate, as that was written for the IRS NOPAs. I just tailored it to add the Privacy Act request.

My 21 day limit I also added is up as of Tuesday, so I'm about to send out the Notice of Default with Opportunity to Cure (10 days), and then the final notice, then off to the county recorder both here in Georgia and I will try to get a paralegal buddy of mine in Sacramento to do one there as well.

After that, anything they send afterwards will not only be returned, refused for cause within 72 hours with an affidavit, but will build toward any future action against them, as they've broken both Privacy Act and the FDCPA. I'm just curious of the steps involved.

In the lawwork Yahoo group, they are using a version of the 3 step default/quick judgment (Finding of Fact and Conclusion in Law) and using the court system to enforce this ex parte action to stop collect (or in some cases receive damages) from the other part. In many cases, they are doing this to the IRS.

I would suggest that anyone interested take a look into that group as they are one of the cutting edge type groups utilizing common law remedies. The moderator is quite knowledgeable and helpful).

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