Affidavit of Default from the Downloads

nralien · #1 03-23-2004, 11:41 PM

The end of item 24 reads: "...as codified in the Fair Debt Collection Practices Act[/i] and the corresponding laws of each state, signifies that Debt Collector has agreed that:" (emphasis added)

Should it read: "...as codified in the Fair Debt Collection Practices Act[/i] and the corresponding laws of California, signifies..."?

That is, the republic you are in.& Or do we&just leave it as is?

nralien

Jerseee · #2 03-24-2004, 07:16 AM

nralien,

Good point and good catch! It would appear that a change is necessary according to your location.

nralien · #3 03-24-2004, 09:13 AM

Jerseee

Thanks and do you know if there are any other items I need to be aware of?

nralien

Jerseee · #4 03-24-2004, 10:02 AM

nralien,

Actually, I have modified the CPN for my use.& i deleted the bottom portion (just below my signature) and I added the "Jurat's Notice" for the notary to sign the note.& i am not sure of the ramifications of this technique but, i have not had a note returned to me yet.& And i have done about 5-6 notes this way.& So the note in my Vod package in the downloads section is old.

Not legal advice, just my way of conducting business.

Ice · #5 03-24-2004, 11:50 AM

Actually, because they are subject to the 14th Amendment and must abide by equal protection under the law rules... you really don't have to change the wording.& The law from each state applies to them under the rule of "equal protection under the law".& They must afford all "equal protection under the law"... whether you are a 14th Amendment citizen or not.

Now, If your state law is really advantageous to you... then, by all means, go ahead and change it!!

Ice

nralien · #6 03-24-2004, 04:12 PM

Ice
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The only thing in my RPIARD is California Civil Code § 1485 and California Code of Civil Procedure § 2074.

Do you know a way of looking at these online?

nralien

Ice · #7 03-25-2004, 01:59 PM

I believe those codes were posted at TSN... but I can't be sure.& You may try FindLaw.com.& I believe they have links to state codes.

&

nralien · #8 03-26-2004, 06:23 PM

Thanks Ice

I would have responded earlier but I still do not get notification of replies.

Thanks again to all,
nralien