
04-27-2004, 04:52 PM
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Attorney trying to collect
Hello all...& I am very new to this and thought I should start small.& Before my road to freedom, I was a scared slave and paid a judgment that an attorney/debt collector was hounding me about (garnishing wages, etc).& Two years later, I get this memo:
Your account is currently past due.& We are ready to proceed with legal action, but would like to give you the opportunity to establish a payment arrangement before we do so.& Please contact us within 15 days from the date of this letter to establish a payment arrangement.&
I wrote back, disputing validity (I think that was the wrong thing to do) My response:& I am disputing the validity of this debt and the amount you claim is owed.& According to the FCRA, I am entitled to the following:
Agreement with your cliend that grants you the authority to collect on this alleged debt.& Agreement that bears the signature of the alleged debtor wherein he agreed to pay the creditor.& Any judgments that have been obtained by any creditor regarding this account.
Their response:This letter acknowledges receipt of your letter dated April 1, 2004.& As for you disputing the validity of the debt, the time has expired to dispute the balance due and owing.& Judgment was awarded on the action on October 7, 2002.& On October 29, 2002, you forwarded a payment in the form of a mondey order to our office in the amount of $289.55.& At that time, our office sent you a past due notice for the balance remaining which consits of court costs and interest from the judgment that was obtained.& I am encloseing a copy of the Journal Entry of Judgment that was sent to you in October, 2002.& As you will see, the judgment was for $289.55, together with interest and costs of the action.& Please contact our office within 10 days from the date of this letter to make arrangements on the remaining balance due.
Since the debt collector started collections again, can I not again dispute the debt?& Can they just give me 10 or 15 days to respond?& Should I start a notarial protest and send them a&promissory note?& I am still studying to free myself, so any help would really be appreciated.&
Thank you!&
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04-27-2004, 05:28 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Re:Attorney trying to collect
You should look into having the judgment vacated.& You may discover that it was void from the beginning.& A collateral attack would not be out of the question... you may get back more than you have paid in.
See Richard Cornforth video link on the front page for more details.
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04-27-2004, 05:35 PM
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Re:Attorney trying to collect
Thank you,& I do believe&I can have the judgment vacated.& I requested a validation of debt and only received an account journal.& &
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04-27-2004, 10:10 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: near .. illinois
Posts: 864
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Re:Attorney trying to collect
A collateral attack??
__________________
"A person cannot cling to anything unless she believes in it; belief always precedes action, therefore a person's deeds and life are the fruits of her belief." - Above Life's Turmoil
When every single thing you do aligns with your values,you will be among the happiest people on this earth. - Peter Thomas
Best-selling author, Century 21 world brand developer, Four Season hotel developer, and mega-success story
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04-27-2004, 10:14 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: Alabama
Posts: 614
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Re:Attorney trying to collect
Ice,
Please explain a collateral attack.
Donna
__________________
When the people fear the government, you have tyranny; when the government fears the people, you have freedom-Thomas Jefferson
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04-27-2004, 10:47 PM
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Banned User
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Join Date: Oct 2004
Location: Indiana
Posts: 1,866
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Re:Attorney trying to collect
Have you folks been paying attention?& See R. Cornforths stuff for further info as I stated above.
(I really want to make ya'll work for this... there might be some lazy folks out there that won't want to sit and listen to Mr. Cornforth or sit and read his books.& Maybe if I say very little it will inspire some folks to get busy educating themselves.& But, then again, maybe someone else will supply the answer for you... I might be wasting my time attempting to get folks to figure stuff out for themselves.)
&
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04-27-2004, 11:03 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: Georgia
Posts: 723
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Re:Attorney trying to collect
I heard Don Ray on the Liberty Forum Sunday mentioning something similar to Cornforth's material called "Libel of Review". Has anyone heard of it?
I'm hoping that they get the archive out soon, as I was unable to listen to most of it at the time.
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04-28-2004, 01:45 AM
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Come and Get Some!
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Join Date: Oct 2004
Location: Texas
Posts: 2,837
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Re:Attorney trying to collect
Here is the link:
http://www.kel.cc/downloads/TaxStuff...eos/index.html
Take the time and watch it. There is more info in this that you really need. Ice is only telling you what you asked for. If you watch it, you will get more than you asked for.
hope this helps.
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
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04-28-2004, 11:57 PM
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Re:Attorney trying to collect
Thanks Ice and Jersee for pointing me in the right direction.The videos are very informative.& I am trying to learn everything I can, but it is a bit overwhelming when you are first starting out.& I am sooo excited about all of this and waiting on the CTC3 has been torture.& javascript:emoticon('8O')
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04-30-2004, 12:43 PM
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Mental Jujitsu
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Join Date: Oct 2004
Location: near .. illinois
Posts: 864
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Re:Attorney trying to collect
Jerseee;
&
I would love to download and view the Cornforth stuff.& However, my computer refuses to download for six hours and complete the file for viewing.& Any other links that might be smaller or more compact?& Say a ZIP file?
&
Thanks!
seeker
__________________
"A person cannot cling to anything unless she believes in it; belief always precedes action, therefore a person's deeds and life are the fruits of her belief." - Above Life's Turmoil
When every single thing you do aligns with your values,you will be among the happiest people on this earth. - Peter Thomas
Best-selling author, Century 21 world brand developer, Four Season hotel developer, and mega-success story
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