Credit Card Questions

Hello,


I sent a promissary note to Citibank to discharge a debt.& However, they responded&saying I&am obligated to pay under the federal and South Dakota law.& The reference used was 12 U.S.C. 24 Seventh.& Can&anyone explain this to me?I am not looking&for legal advice.&Thanks


MyTf


&


&

[suijuris]

Hmmm, did they tell you what you could 'pay' with?

Sui Juris

I am super tired and this is a long one but, this would be a good critical reading assignment.& I will provide the link now and read it tomorrow.


http://www4.law.cornell.edu/uscode/12/24.html

[Ice]

Can you supply more details?& What kind of debt? Did they return your PN?


&

dumb question of the day:


"if you could please cite for me the relevant implementing statutes wherein the code for South Dakota has&greater authority&than the&relevant USC & UCC code sections, i'll be happy to tender payment in the required specie as defined thereby."


or something like that?


just a thought...


jon

[Jerseee]

MyTf,

Welcome to the forum.

Do you understand your remedy? And is Citibank above public policy?

Need more details on what you are trying to accomplish. For example, is Citibank the 3rd party? Did you know that banks cannot create money? Did you know that banks cannot loan their assets? Do you know what happened to your original credit card application?

Important questions to ask since the answer may reveal the fraud. But I agree with Ice...more detail are needed to give an educated opinion or fact. And to point you in the right direction.

For example,

"In the federal courts, it is well settled that a national bank has not power to lend its credit to another by becoming surety, endorser, or guarantor for him". Farmers and Miners Bank v. Bluefield Nat'l Bank 11F 2d 83, 271 U.S. 669

“The exercise of powers not expressly granted to national banks is prohibited”. First Nat. Bank v. Nat. Exchange Bank, 92 U.S. 122, 128; California Bank v. Kennedy, 167 U.S. 362, 367; Concord Bank v. Hawkins, 174 U.S. 364.

"checks, drafts, money orders, and bank notes are not lawful money of the United States". State v. Neilon, 73, Pac. 3211, 43 Ore. 168


And by reading the last holding or case law the question to you would be which United States are they referring to? Do you know the difference? What is the lawful money of the United States?

MyTf,


I also had a letter from them citing the same code, but they added a specific case also, which I decided was way off-point anyway.& So, I am guessing this is credit card debt, as was mine.& You will likely never hear from them again and&a debt collector will be contacting you within the next one to two months, which should make you happy as odd as that may sound&(If you're not having fun with it, you're doing it wrong!).& Does the last sentence of the letter state that they will not respond to further communication of this type?& If that's what they said, they may be in a position of "anticipatory dishonor", which should also make you feel pretty good (I know anticipatory breach of contract is well established, but maybe a legal theory exists for anticipatory dishonor?&Just brainstorming out loud here&and it sounds cogent).


Continue with your studies and have fun with it!


-squirrels

[Jerseee]

Mytf,


From my own personal knowledge--I would highly take heed to squirrels last post.& And because squirrels is having fun!


Good job squirrels.& I am an admirer of your success and position.

[sadie]

This is not legal advice just from my experience.



Citibank will not go away. They charge off the account and continue to try to collect. They like to send that letter claiming 12 usc 24 seventh. Look it up and read it. What they claim is no where in there.

They also claim some case Pottorf somthing that I have never been able to find. (They may have made it up)



They use outside collection attys. (3rd party FDCPA Heintz v. Jenkins). They ignore everything I send and the attys ignore everything I send. They don't care that they are in violation of FDCPA, they continue collection and now have filed complaint against me in court. (that's a whole other story - will be in court in July)



Beware. Months go by with nothing then BAM they are at you.



just my 2 cents (not lawful money)

MyTf:

If you will learn to do "Conditional Acceptance for Value", you will ALWAYS remain in honor and beat them at their own game. Then, when you are dishonored for lack of answer/reply, you can follow up with a Notorial Protest; or, Fault, Default, then Res Judicata by Default; then, file an Involuntary Bankruptcy against Citicorp. We assure you, THAT will get their attention very quickly! You are looking at a win-win situation here ONLY if you HAVE PHUN!!!!