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 07-30-2004, 03:41 PM
gregtu gregtu is offline
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CRA- UNREBUTTED AFFIDAVIT

Since an unrebutted affidavit stands as truth, why not send an affidavit (concerning verification) to the cra's (knowing they can't rebutt it) so we can get a judgement from the curts?

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  #2  
Old 07-30-2004, 04:53 PM
buscador
 
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CRA- UNREBUTTED AFFIDAVIT

I have used an Affidavit/Private Contract/Trademark Notice on a Collection Agency. Result? My name has not been used again in any correspondence from them. After sending the docs, the only correspondence I did receive from them was a lame letter, addressed to my company explaining to me that the FDCPA did not apply in my case. The "debt" resulted from a business loan on which I was "guarantor"; company was dissolved years ago. Their is no reference whatever in any of my docs re: the FDCPA.



Also, the dollar amount cited in this letter contained no dollar sign before it yet all letters prior to my sending the docs did have the dollar sign before the amount. Hmmm...makes you wonder, don't it, just how much they really do understand of what I sent them and the pickle they are in?



Addionally, post sending the docs, the CA has made numerous phone calls to my place of employment, all of which have been documented. Never anything in writing, however. She also left a nasty, hysterical voicemail on the cell phone of the owner of a subcontractor firm that we use for emergency, after hours service. Evidently she called after hours one day and got his number from our recorded message which instructs folks to call him for emergencies only. The subcontactor's cell phone greeting clearly states the name of his company, completely different from our company name. I have saved that message and will upload it as soon as I do a bit of editing to it. It will be titled "Hysterical CA Phone Call". Look for it. Amazing how they become unglued when they'e not in control.



I will be invoicing them for the use of my company's name, the TN includes a TM for my company, along with her repeated use of my name in her phone calls and voicemail.

Question: may I invoice her personally as well?



Can you please elaborate on how to convert an affidavit into a judgment?



Also, does anyone have an opinion on whether I should respond to the lame letter sent to my old company, a non-existent entity?



B.
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  #3  
Old 07-30-2004, 05:31 PM
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weishaupt1776 weishaupt1776 is offline
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CRA- UNREBUTTED AFFIDAVIT

buscador, is that affidavit on this site? If not, could you email it to me?
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  #4  
Old 07-31-2004, 12:35 AM
gregtu gregtu is offline
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CRA- UNREBUTTED AFFIDAVIT

You get the judgement when they don't rebut your affidavit within the time given. Some say three days and some say 7, regardless they won't and can't rebutt it. The clerk of court or the judge will sign it for you.
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  #5  
Old 07-31-2004, 02:29 AM
buscador
 
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CRA- UNREBUTTED AFFIDAVIT

Thanks Gregtu.



Do I simply show up and present it to the Clerk or do I need to have some other documents prepared to submit as well? What is protocol on this? I like to be fully prepared.



B.
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  #6  
Old 08-01-2004, 04:53 PM
buscador
 
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CRA- UNREBUTTED AFFIDAVIT

weishaupt1776



Did you get my offline response re: the affidavit?



B.
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  #7  
Old 08-01-2004, 10:39 PM
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CRA- UNREBUTTED AFFIDAVIT

I'd like to see this information also.
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  #8  
Old 08-02-2004, 12:22 AM
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charlesa6 charlesa6 is offline
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CRA- UNREBUTTED AFFIDAVIT

I concur that rushpat.
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  #9  
Old 08-02-2004, 06:13 AM
buscador
 
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CRA- UNREBUTTED AFFIDAVIT

weishaupt1776,



Please would you forward offline my email to you to both rushpat and charlesa6? I did not keep a copy of it.



rushpat and charlesa6,



Please keep my email offline. If you have any questions or comments, pleae contact me offline.



Thanks,

B.
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  #10  
Old 08-03-2004, 02:16 PM
arement
 
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CRA- UNREBUTTED AFFIDAVIT

"When the student is ready, the teacher appears."



Well, when does the teacher KNOW the student is ready?



I have affidavit(s), defaults, 2nd defaults . . . are you saying it is not necessary to do a commercial lien, but, simply file with a court clerk?



Fine, I'm downtown in a flash!



A little history: Am doing debt elimination [caveat-constructive notice (fraud without scienter), validation and default, quoting cases where banks cannot loan credit, accept for value and UCC 3-603b].



Get IGNORAGE, but a LOT of ALL CAPITALS correspondence!



Invoices are for $1.5M each (RICO - Treble Damages).



Sounds like the first default is recorded?

What about the due process of Notice/Grace, Default/Grace and 2nd Notice of Default/Grace ???
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