Banks, Collectors, and CRAs Discuss the elimationa of secured and unsecured "debt", as well as tactics for dealing with debt collectors and credit reporting agencies.


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  #1  
Old 06-08-2004, 12:34 AM
sadie sadie is offline
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Notorius default

I have been involved in a slighly different process but to the same end to get rid of credit card debt.



I have asked for verification of debt from the bank and offer to pay when I receive it, sent a Notice of Recission of Contract which includes demand for verification and a timeframe. I then default the creditor and have everything recorded with the county clerk.



Similar process for the collection agencies.



From what I am learning here, it appears you use HRJ 192 and UCC strawman and offer a Note as payment of the debt or to discharge the debt. Looks very good to me so far. I will have to learn more about it. Do you also record with the county clerk?



I read in some of the posts about your making it notorius, and also saw posts about having trouble recording with the clerks.



My question is, if a default is publicly recorded, how do you get this converted to a court judgment so they can't continue to chase you?



I am being sued by a bank on a credit card as they seem to ignore everything including the FCBA and FDCPA.



I will fight this battle as best I can but would like to take all my publicly recorded defaults and have them recognized as judgments to prevent any more of these suits.



I greatly appreciate any help or suggestions.



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Old 06-08-2004, 12:49 AM
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Notorius default

sadie,



Thanks for posting and welcome.



I am unfamiliar as to why you would record anything with the county but if it works I would like for you to expand on this so that others may understand and possibly learn something new.



As to your situation, you are undoing what you are attempting to do. Why rescind the contract and ask for verification? Your action to rescind the contract can be used as evidence that you knew there was an obligation.

At least this is how I view it. So if I were a debt collector, I would ignore the codes you speak of as well since they do not apply to a verified obligation. But I could be wrong.



My process is simple and works. basically, what you are doing is using the law and getting their testimony at the same time. And why make an offer to pay when you can just remian in honor and give the payment in good faith?



For example, you say that I owe you 100.00. I say, please verify the debt according to USC 15, chpt 41 and I have enclosed a good faith payment (CPN) for the alleged amount.



Do you see the power in that? Do you see where I have sent their negative energy back and discharged it at the same time?



Any refusal will be documented by them when they return my offer. This is dishonor. Any acceptance by them and this results in a settled matter.



I use a notary because they are public officials, witnesses that can attest to the authenticity of the note and all the statements on the note are facts and adjudicated case law. Can't argue with that.



And if you want to file with the county recorder, the notary part is already done.



Hope this helps.
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Old 06-08-2004, 03:45 PM
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Notorius default

Sadie,



I would just like to comment on one of your statements:

"From what I am learning here, it appears you use HJR 192 and UCC strawman and... "



The STRAWMAN is not a player. It's about LAW. Some of our members may use the STRAWMAN for whatever. But, the LAW, not so-called "redemption" processes, is where you will find the majority of victories.



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Old 06-08-2004, 04:09 PM
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Amen to that.
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Old 06-08-2004, 06:31 PM
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Notorius default

Okay, this is a BIG question, but one that I think needs asking and a very Direct answer from Jerseee, Ice?

CPN is continually referred to as being offered. Creating a Certified Promissary Note, correct? My question is, exactly HOW does this relate to the HJR 192? This is your "discharge of debt", but HOW? Is this "creating money"? Did I not see a post about someone getting in trouble for attempting to "create money"? In simple terms, HOW does this 'pay' the debt?



If this a too simple question, I apologize. But it seems that creating a CPN, a BoE, etc is offering to pay with a created form of "money". Yes I know, there is no money -- but can you understand my question? I feel like I have the puzzle nearly together, but there is one piece that just doesn't fit to make the whole picture complete!



Thanks you all so much for your tutelage! We learn when we observe. We learn when we share. We learn from successes and triumphs of others.



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Old 06-08-2004, 09:29 PM
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Seeker,



No apologies needed. You want even more clarity on this issue and that can be expected since they (Big Brother) have not made it easy for anyone.



Your answer lies in the text of HJR 192. Critically read what it says. And someone probably got in trouble for using closed accounts not their remedy (HJR 192). Americans create money everyday through contracts, fines, taxes, credit card applications, etc... All of this is possible through your signature. A loan application is worthless until you fill it out and sign it. that in itself is a negotiable instrument.



Here is a post I recently did for juststartingout, maybe this will help you also......





juststartingout,



Also, I would like to ask you some questions that may answer your questions.



How can you be born into debt?



At age 18, you are considered a majority. How can you incur a liability/obligation prior to reaching the age of 18? A minor cannot consent to an obligation (there are expections but not in this instance).



Additionally, the Federal Reserve is a private banking institution. Remember, Congress can coin money not print it and banks cannot create money or loan out their assets. If Congress is not coining money for distribution then there is no money. Actually Congress does coin gold but it is very limited. And the U.S. (corporate side) orders notes through the federal reserve and pays for the use of that fiat note. Thus a debt is incurred and passed on to the U.S. citizen (STRAWMAN). A debt that can never be repaid by the Strawman. HJR 192 is your remedy for all of this corruption.



The Fed is under contract and is a private banking system. So one cannot counterfeit a note, it is actually a copyright infringement but they make it sound worse than it is. This is why you will hear the term used, "the Faith of the people" or something like that....because the faith of the people is in that note. And that is what backs the note (dollar), is your faith that it will be accepted.



Now HJR 192 is your remedy right? And you have done your studies on negotiable instruments right? You also know that no one is above the law/public policy right? So anyone can create a contract. Anyone can create a note. So you create your own note that is unique and your backing of that note is your faith, case law supporting your situation and HJR 192.



With all those elements in place (along with the properties that make a note negotiable), you are making a factual statement. You are also using information that is verifiable and is public. So you are not hiding or getting away with anything--it is the law/public policy that you are using. therefore, I felt that a notary would be the best thing to use since they are:



Public Officials and their seal is recognized throughout the land.



They are witnesses as well as allowing you to swear in on the facts.



They help make your note an original unique document.



And for some reason or another, you have a commercial document that is ready to be filed in any matter at the county or in a courtroom.



So no one is lending you your own credit, well not until you sign a application or something like that and they are acting in a fudiciary status using your signature. You are the true creditor. If that is still to hard to absorb then think of this.....If the nation stopped using dollars and imagine everyone created their own notes and accepting those notes from everyone likewise--we would be richer than you can imagine and infaltion would not be rampant as it is. We could teach folks the responsibility of their credit and no one would go without. Homelessness could be unknown and so on and so forth. And as far as the national debt--that debt belongs to the corporate U.S.--not the people. They are a de facto entity and the world knows this. But they confuse folks constantly on where their jurisdiction begins and ends. This is why you do not want to be a US citizen--you have no rights if you are.



I hope my thesis helps.
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Old 06-08-2004, 09:33 PM
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Notorius default

HJR192 basically states that any negotiable instruments being used in the U.S. can be used to "discharge" debt.



CPN's, BoE's and the like, are negotiable instruments that are used in the U.S. ... soooo ....
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Old 06-08-2004, 09:56 PM
sadie sadie is offline
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Where to start

Thanks for your input and all the wonderful info on this forum.



A few questions. Sorry if I am not posting in the right place, not sure where it goes.



I am understanding the concepts re:HJR 192 however, if I make out a new negotiable instrument in the form of a note am I not still in the same place? Doesn't this start a new contract?



I'm not understanding the Closed account Open account.



Where is the best place for me to start in this remedy?
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Old 06-08-2004, 11:09 PM
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Notorius default

sadie:

When you make out a new negotiable instrument (CPN) to "pay" a debt you're "paying" one IOU with another IOU.

There still is debt there somewhere, but you no longer have to service it. That's the difference between "paying" and "discharging". The former satisfies the debt, the latter postpones it.



Contrary to popular belief, a closed account isn't "dead", it merely has a change in status and is to be used differently. According to Black's Law Dictionary, a closed account is closed to the addition of debits and credits, but remains available for setoff and adjustment. This is one of the things one learns about when investigating "Redemption". Some people here don't like UCC/Redemption stuff and are more focused on court matters, but courts aren't the only game. People out there are successfully applying some of the concepts. It's just another aspect of the "Matrix" worth investigating.
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Old 06-09-2004, 02:49 AM
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Notorius default

Sadie,



Logos is correct.



I do not promote the Redemption process not because it may or may not work. I do not promote it because if you get something wrong, any little thing wrong, you are up a creek.



You really have to study that process and I have heard of successes with it. But for the newcomer to personal freedom, I suggest small steps with solid processes. then as your understanding grows--by all means dabble in the matrix.



But if the newbie does not know the basics of redemption and tries this stuff--the newbie is going to be left hanging looking for those gurus to throw a life preserver.



that is the only reason I do not promote its use. Folks have a hard enough time trying to figure out what a CPN is not to mention using a closed account. it could be a bit overwhelming.
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