Shining Spotlight on Racket of Debt Collection

[REDCLOUD]

You are a research MONSTER!

(SL: then why have another writing somewhere else? Such as a loan agreement, very common.
They confuse now by semi-contradictions.
I believe any time legal language becomes such, it is designed as a possible loophole for those who make such laws and provisions so that they can manipulate them.)

This is distinguishing between "checks" and the "holder in due course" (mostly applies to banks and checks but can have other applications) and other negotiable instruments, such as notes (which are again treated differently whether they are secured or unsecured) created from credit cards and mortgages and liens.. You have to look a little further when "accounts" are "assigned" under the right of assignment of contracts which goes to doctors, hospitals, the power company, the phone company, etc. You have many defenses that can be asserted along the way. I guarantee you that most judges and attorney's have no idea what the UCC says or how to interpret it. There are tremendous planning opportunities here when dealing with debt collectors and bad check collectors, etc. A simple planing strategy, pay everything you can by your corporate check, never incur anything individually if you can. Try to be a merchant as much as possible. Credit cards and mortgages may not be possible but doctors, hospitals, the phone company, etc you may be able to. Sometimes they will charge more for "commercial" rates (the phone company) so it may not be worth it. Gives you a different leagal status under the UCC. Be careful with this, need to pick and choose.

[Sharing Lights]

[REDCLOUD]You are a research MONSTER!


This is distinguishing between "checks" and the "holder in due course" (mostly applies to banks and checks but can have other applications) and other negotiable instruments, such as notes (which are again treated differently whether they are secured or unsecured) created from credit cards and mortgages and liens..


By this we can conclude that notes and checks are different.

Let's take further, dear REDCLOUD.

We know that average readers are, mostly decent people of sound mind.

Matters of law and commerce are presented in such manner
as to feed the legal system and the pitiful excuse for justice: lawyers and judges
or most of them.

That is why info is given in a way that most readers have to hire those extortionists,
as the latter would strip all bare financially and emotionally, if can.

Virtues, decency, fairness are not the words in their vocabulary.

So let us raise to the occasion and begin/continue writing/posting

in such a way that
we wished was done onto us.

Let's make everything as clear and simple as possible,
even though that take much more, but don't people deserve that?

Who are most of the readers here?
Those who were

cheated or abused in some way

and who wish to defend themselves
and need the right knowledge to accomplish that goal.

I bet there only few "deadbeats."

Most of readers were treated unfairly.
Lies and deceit was used vs. many of them.
There are too many forums where bits and pieces are
posted - not a coherent picture, allowing them to move forward.

Let this Forum be a true SuiJuris, as the name demands anything - but not less than that!

We must perform now REDCLOUD above the lawyers and judges.
Can we do it?

We have already began.
Let's rise higher until we are there.




I know it takes time and efforts, and certain sacrifices, as I would love to be at the beach
now and swim in the ocean.
So would many others.

Yet, I feel, as life has given me more than I might have deserved, I owe it to the people
to give that back and selflessly.

I ask all those who do so much on this Noble Forum already to go an extra step
and present info in a way that all can understand by reading us and
not reading lawyers' skyrocketing bills.

I know the Higher Law and am confident that even though not all, but many
of the readers, would follow our example and,

when time comes, would do what
can for others.

Let's believe that the core of the people of the USA, particularly those who wish
to become Sovereign and true SuiJuris, are the people who deserve the best and
wish to protect the Constitution of the USA that the Elite tries to steel away from
us, al,l by constant amendments and their despicable corruption
from banking to politics.

sui ju·ris
adj. Law.
Capable of managing one's own affairs.

[Latin suī iūris : suī, of one's own + iūris, genitive of iūs, right, law.]






Sui Juris

[Latin, Of his or her own right.]

Possessing full social and civil rights; not under any legal disability,
or the power of another, or guardianship. Having the capacity
to manage one's own affairs; not under legal disability to act for one's self.

=======================================

REDCLOUD:
You have to look a little further when "accounts" are "assigned" under the right of assignment of contracts which goes to doctors, hospitals, the power company, the phone company, etc.

Many readers would ask, "do you mean the provisions of assignment
stated in credit card contracts?"


REDCLOUD:
You have many defenses that can be asserted along the way. I guarantee you that most judges and attorney's have no idea what the UCC says or how to interpret it.


Believe it or not - I think many of them are that ignorant.
Yet, I, strongly, suggest to adopt only this approach as do not doubt for a second
it is the best one:

Unwritten Law of SuiJuris:
Let us all assume that we go against the best lawyers and judges
and must prepare accordingly!Never underestimate your opponent!

Now, it is written. (:

REDCLOUD:
There are tremendous planning opportunities here when dealing with debt collectors
and bad check collectors, etc. A simple planing strategy, pay everything you can
by your corporate check, never incur anything individually if you can.

OK, I believe that may be one way, as corporations remove
individual responsibility.
Yet, how many readers have corporations?
Only a few I believe.

"Bad checks" - hmm.
I hope no one writes them on purpose as that is not
"too nice."
Errors can happen but purposeful bad check writing is not
proper I believe.



REDCLOUD:
Try to be a merchant as much as possible. Credit cards and mortgages may not be possible but doctors, hospitals, the phone company, etc you may be able to. Sometimes they will charge more for "commercial" rates (the phone company) so it may not be worth it. Gives you a different leagal status under the UCC. Be careful with this, need to pick and choose.



Please explain fully so that average readers can understand fully, as, now, many
have more questions than answers.
Please connect "merchant" and "doctors, hospitals, the phone company, etc."

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CHAPTER 23. SUSPENSION OF COLLECTION ACTION AND WRITE OFF OF DEBTS


Even though this applies to the VA - Veterans Administration, many provisions
are derived from the same laws that affect many Consumers.
This data is important enough to get a feeling of "what is out there."

23.01 GENERAL

a. Legal Authority. The Federal Claims Collection Act (FCCA) of 1966 (Pub. L. 89508) gave federal agencies the authority to suspend or stop collection action on debts with principal amounts under $20,000. The Administrative Dispute Resolution Act (Pub. L. 101552) dated November 15, 1990, raised the suspension and termination thresholds to $100,000.

Debts over $100,000 are referred to the Department of Justice (DOJ) for disposition authority.

b. Statutes and Regulations. The standards set forth in 38 CFR Sections l.940 through 1.943, pursuant to 31 U.S.C. 3711(a)(3), and 4 CFR Parts 104.1 and 104.2, apply to the suspension or termination of collection action of debts due VA.

23.02 ASSOCIATED IRS REFERRAL ACTION

In December of each year, all debts $25 and above (including interest and other charges) that meet certain criteria are referred to the Internal Revenue Service (IRS) for offset of tax refund owed a taxpayerdebtor.

A debtor must be notified 60 days in advance of the Department's intent to refer the account to the IRS for tax refund offset. This notification gives the debtor another opportunity to pay the debt or contest the validity of the debt.

Balances of $25 or more remaining after an initial IRS offset will be referred to the IRS again the following year unless they meet the criteria for write off under paragraph 23.07. The criteria for IRS referral is as follows:

(1) The debt amount is at least $25 (including interest and other charges).

(2) The debtor has been properly notified and given the opportunity to exercise certain administrative rights.

(3) The debt is at least 90 days old.

(4) The debtor is a natural person.

(5) The debtor's written consent for offset was obtained for a loan guaranty debt or the loan was terminated through judicial foreclosure in a procedure involving the debtor.

(6) The debtor is not a current or former Federal employee whose debt is subject to offset from salary or retirement funds.

(7) The debt, unless it is a nonpaying judgment debt, is not older than

9 1/2 years.

(8) The debtor is not involved in bankruptcy proceedings which affect the debt.

(9) The debt has not been discharged in bankruptcy.

23.03 STANDARDS FOR SUSPENSION

The standards for suspension are found in 38 CFR Section 1.941 and 4 CFR Part 104. VA will suspend collection action when the standards listed below have been documented.

(1) Inability To Locate Debtor. Collection action may be suspended temporarily on a claim when the debtor cannot be located and there is reason to believe that future collection may be sufficiently productive to justify periodic review and action on the debt.

(2) Financial Condition of Debtor

(a) The debtor has been located but owns no substantial equity in realty and cannot now make payment or effect a compromise. However, the debtor's future prospects justify retention of the debt for periodic review and action. This type case should be suspended only if one or more of the following conditions apply:

1. The debtor has made written acknowledgment of the debt or made a partial payment causing the statute of limitations to start running anew, or

2. The debtor meets the exclusions set out in 28 U.S.C. 2416 and paragraph 1.04b of this part causing the statute of limitations to be tolled or stopped temporarily, or

3. Future collection can be effected by offset notwithstanding the statute of limitations, or

4. Financial data has become available from a credit report, financial statement or field examination, indicating an inability to pay which may be temporary. In such cases, the debtor should be informed that collection action has been suspended until a specified date. The reasons for such action will be clearly stated and a statement will be provided indicating what the debtor is expected to do on or before that date. If liquidation of current installment contracts is a factor in the suspension action, the letter should advise that the decision was conditional on the debtor not incurring additional obligations and that the debt to VA must be repaid on a priority basis.

(b) The debtor requires more time to pay the debt and has requested that collection action be delayed until some future date.

(3) A Request for Waiver or Administrative Review is Received.

(a) The debtor requests that the Committee on Waivers and Compromises (COWC) waive the payment of the debt. When a timely waiver request is received, further collection action will not be pursued. However, offset will be made from benefits due, pending a decision of the COWC, if the waiver request was not received timely.

(b) The debtor disagrees with a COWC waiver decision and the case is subsequently submitted to the Board of Veterans Appeals (BVA). Collection action will not be resumed pending a decision by the BVA except that collection by offset of benefits will continue during the BVA appeal process. (Refer to paragraph 2F.01f.)

(c) A decision of a COWC or the BVA holds that financial hardship has not been substantiated and the decision specifically states that even though the debtor may not be able to make immediate repayment arrangements, he/she should be able to pay the debt within the foreseeable future. The waiver denial letter may include information concerning suspension.


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23.04 REQUISITES FOR MAKING THE SUSPENSION DECISION

In reviewing a case for approval of suspension of collection action, decisions will be based on as much of the documented information, indicated below, as is applicable to the particular case:

(1) Statement of the amount of indebtedness, indicating any credit; i.e.,

(a) The original principal amount of the debt,

(b) Principal reduction, if any, (including reduction by offset of VA benefits),

(c) Current principal balance,

(d) Current accrued interest, if any,

(e) Other current accrued costs or charges, if any, and

(f) Total current amount of indebtedness.

(2) Itemized statement of allowances due the debtor from VA for educational assistance, disability compensation, pension, insurance, or other benefits.

(3) VA Form 45655, Financial Status Report, or a current credit report on the debtor, and/or verification of employment.

(4) When the debtor has not been located:

(a) Whether there was any security for the debt, and if so, the status of the liquidation of that security.

(b) The applicable statute of limitations, the date it began to run; whether it has expired and whether and when it started running anew, if tolled.

(c) Whether or not the debtor executed a confess judgment note and, if so, its status.

(d) Known possibilities of collection by offset in the future and such information as is available as to a probable date of offset, source, and amount.

(e) Circumstances showing the likelihood of the debtor's future acquisition of assets which could be reached to satisfy or substantially reduce the debt.

(f) Statement of efforts made to locate the debtor.

23.05 ESTABLISHING SUSPENSION DATES

Suspension dates will be established based on the facts pertinent to the individual debt. For cases other than those for which a specific date is requested by the debtor or established on the basis of financial ability to pay, the first suspension date established should be no more than six months from the date the decision to suspend is made. The case will be reviewed upon expiration of the suspension period. The review should include a check of VA records and files to determine if there is any new information as to the debtor's ability to pay. When this information shows an ability to pay, collection action is to be resumed immediately. Additionally, whenever information is learned which shows an ability to repay, collection action is resumed without regard to any previously established suspension date. The purpose of the sixmonth period is to allow sufficient time for administrative collection action, so that when the conditions of chapter 24A and 24B have been met, the debt can be referred timely to the District Counsel (DC) or DOJ, as appropriate.

23.06 FISCAL OFFICERS' AUTHORITY TO SUSPEND DEBTS

a. The Chief of the Fiscal activity, or designee, may suspend collection action on any debt (see par.1.03c) $40,000 or less, exclusive of interest and other charges, for a period justified by the circumstances. Collection action may be suspended when requested by the debtor for a valid reason or when the documented facts of the case indicate that such action is justified.

b. Debts over $40,000 and up to $100,000, exclusive of interest and other charges, are to be submitted to Central Office (047G7) for approval. Requests are to be signed by the Director and include a statement of facts summarizing collection action(s) taken and copies of all pertinent documentation, except that a Claims Collection Litigation Report (CCLR) is not required. Debts in excess of $100,000 are to be submitted to (047G7), together with a CCLR. VACO (047G7) will review the requests and submit them to DOJ for approval.

c. The reason for suspension and the applicable standard(s) that were applied must be documented on the accounts receivable record. If the Chief of the Fiscal activity is unsure whether suspension action is appropriate, 047G7 should be contacted for advice.

23.07 STANDARDS FOR TERMINATION OF COLLECTION ACTION (WRITEOFF)

The standards for termination of collection action are found in 38 CFR Section 1.942 and 4 CFR Part 104. VA will terminate collection action when one or more of the standards listed below have been documented.

(1) Inability To Collect Any Substantial Amount. Collection action may be terminated on a claim when it becomes clear that VA cannot collect or enforce collection of any significant amount from the debtor. A decision to approve write off of a debt under this criteria should also take the following factors into consideration:

(a) Age and health of the debtor.

(b) Present and potential income and assets including employment prospects, inheritance prospects, actual or potential rights to social security, VA benefits, workers' compensation, or military service, or retirement pay.

(c) The possibility that assets have been concealed or improperly transferred by the debtor.

(d) The availability of assets or income which may be realized upon enforced collection proceedings.

(2) Inability To Locate Debtor. Collection action may be terminated on a claim when the debtor cannot be located and:

(a) There is no security remaining to be liquidated, or

(b) The applicable statute of limitations has run out and the prospects of collecting by offset, notwithstanding the bar of the statute of limitations, are too remote to justify retention of the claim.

(3) Cost of Collection Will Exceed Recovery. Collection action may be terminated on a claim when the costs of collection including those of a litigative nature would exceed the amount recovered. However, cases where a substantial legal issue or issue which might effect enforcement policies or have significance for the government as a whole, the cost of collection is usually not a deciding factor.

(4) Claim Is Legally Without Merit. Collection should be terminated on a claim whenever it is determined that the claim is legally without merit.

(5) Claim Cannot Be Substantiated By Evidence. Collection action should be terminated when the claim cannot be substantiated with the necessary evidence, witnesses are not available, and the debtor has refused to pay the debt voluntarily.



continued

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to be analyzed

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23.08 REQUISITES FOR MAKING THE TERMINATION DECISION

In reviewing a case for write off, decisions are to be based on as much of the documented information, indicated below, that is applicable to the particular case:

(1) Statement of the amount of indebtedness, indicating any credit; i.e.,

(a) the original principal amount of the debt,

(b) principal reduction, if any, (including reduction by offset of VA benefits),

(c) current principal balance,

(d) current accrued interest, if any,

(e) other current accrued costs or charges, if any, and

(f) total current amount of indebtedness.

(2) Itemized statement of allowances due the debtor from VA for educational assistance, disability compensation, pension, insurance, or other benefits.

(3) VA Form 45655, Financial Status Report, or a current credit report on the debtor, and/or verification of employment.

(4) For ineligible hospitalization or emergency care debts, a statement that all means of recovery from Medicare and Medicaid programs have been exhausted, or that neither is applicable stating the reasons why.

(5) When the debtor has not been located:

(a) Whether there was any security for the debt, and if so, the status of the liquidation of that security.

(b) The applicable statute of limitations, the date it began to run; whether it has expired. Additionally, whether and when it started running anew, if tolled.

(c) Whether or not the debtor executed a confess judgment note and, if so, its status.

(d) Known possibilities of collection by offset in the future and such information as is available as to a probable date of offset, source, and amount.

(e) Circumstances showing the likelihood of the debtor's future acquisition of assets which could be reached to satisfy or substantially reduce the debt.

(f) Statement of efforts made to locate the debtor.

23.09 VETERANS BENEFITS ADMINISTRATION (VBA) FIELD STATIONS

(When authority is granted to the Chief of the Fiscal activity, it also includes the Director of the Debt Management Center (DMC)). The Chief of the Fiscal activity, or designee, may write off benefit debts owed to VA after the conditions described below have been met. Multiple debts owed by individuals must be consolidated in order to determine dollar thresholds.

(1) Debts under $25, excluding interest and other charges, should be written off when one or more of the following conditions exist:

(a) The first collection letter is returned marked "no forwarding address", or

(b) No payment or reply is received within 30 days of the date the second collection letter is sent, or

(c) The debt is contested, or

(d) No additional payments are received on a debt where the remaining balance is under $25 and it has been 60 days from the date of the last payment.

(2) Debts $25 or more (excluding interest and other late payment charges) and under $600 will be placed in a suspended status after the third collection letter is sent and no reply or payment is received and there are indications that further collection attempts will not result in the voluntary liquidation of the receivable.

(a) In September of each year, these debts will be screened to determine if they meet the dollar limit and other criteria for referral for IRS tax refund offset in December. Debts that do not meet the criteria for referral to the IRS should be written off.

(b) After IRS offset any debt with a remaining balance less than $25 should be written off.

(c) Balances $25 and over remaining after IRS offset will be referred again the following year unless they meet the criteria for write off.

(d) Debts that are referred to the IRS but do not result in a collection because the debtor was not due a refund should be written off.

(3) The Chief of the Fiscal activity or designee may write off debts owed VA where the criteria for write off have been met and are not in excess of $40,000, exclusive of interest and other charges, after deducting the amount of partial payments or collections, if any, as follows:

(a) Deceased Debtor. The debtor is deceased and left no estate, or recovery from the estate cannot be effected.

(b) Debt Has Been Referred for Litigation. When either the U.S. Attorney or DC has jurisdiction over the collection of a debt and advice is received that the file is closed and the reason for closing the file states that the account is uncollectible.

(c) Debt Cannot Be Substantiated. When the DC/DOJ advise that a debt cannot be substantiated with the necessary evidence, witnesses are not available, and the debtor has refused to pay the debt voluntarily.

(d) All debts $600 and over will be screened in September to determine if they meet the criteria for referral for IRS tax refund offset in December. Balances $25 and over remaining after IRS offset will be referred again the following year unless they meet the criteria for write off.

1. Debts with balances under $25 remaining after IRS offset are to be written off when no additional charges have been incurred since September.

2. Balances $25 and over remaining after IRS offset will be referred again the following year unless they meet the criteria for write off.

3. Debts that are referred to the IRS but do not result in a collection because the debtor was not due a refund must be reviewed for appropriate disposition under FCCA criteria, i.e., suspension, termination, or enforced collection action.

(4) Debts in excess of $40,000 and not exceeding $100,000, exclusive of interest and other charges, that meet the criteria for write off are to be submitted to Central Office (047G7) for write off approval. Requests are to be signed by the Director and will include a statement of facts summarizing collection action(s) taken and copies of all pertinent documentation, except that a CCLR report is not required. Requests for write off of debts over $100,000 are submitted to (047G7), together with a CCLR. VACO (047G7) will review the requests and submit them to DOJ for write off approval.

(5) The Chief of the Fiscal activity or designee may write off a debt, regardless of amount, if:

(a) Debt Is Discharged in Bankruptcy. A debt will be written off when the DC states that the debt has been discharged in bankruptcy or that the legal effect of the bankruptcy proceedings releases the debtor of the obligation to pay the debt. Debts will not be written off because of bankruptcy without the written advice of the DC.

(b) Debt Is Waived. Any portion of a debt that is waived by the COWC, BVA, or General Accounting Office (GAO) is to be written off. (Refer to chapter 21, Waiver of Debts for waiver authority).

(c) Debt Is Compromised. Any portion of a debt (meeting FCCA criteria) that is compromised by VA (Fiscal Officer/COWC) or DOJ is to be written off.

(d) Debt is Legally Without Merit. A debt will be written off when the DC states, in writing, that the claim is legally without merit.

(e) Debt is an Education Loan Debt. An education loan debt will be written off if a borrower dies or becomes permanently and totally disabled after receipt of the loan.

(6) Entitlement Charging and Restoration

(a) When an education debt is written off because of waiver, compromise, bankruptcy, or uncollectibility, entitlement is charged equivalent to the amount written off. To restore the entitlement charged as a result of the write off, the debt must be paid in full.

(b) Basic loan guaranty entitlement is reduced by entitlement used to obtain a direct, guaranteed, or insured housing loan. If the loan is defaulted and VA incurs a loss on such loan, the loss must be paid in full to restore previously used entitlement.


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23.10 VETERANS HEALTH ADMINISTRATION (VHA) FIELD STATIONS

Debts not in excess of $40,000 may be written off without referral to the IRS if they meet the standards for termination of collection action specified in paragraph 23.07; however, an individual's file must contain written documentation supporting the decision to terminate collection action. Multiple claims of individuals must be considered in their entirety. Claims may not be subdivided solely to justify their write off under "Cost of Collection Will Exceed Recovery". Otherwise, in September of each year, VHA Fiscal activities will run the IRS ADP Program to consolidate all medical care debts owed by an individual veteran. The ADP program automatically screens the total debt to determine if it meets the criteria for referral to the IRS for tax refund offset in December and prints the IRS notification letter. The Chief of the Fiscal activity, or designee, may write off benefit debts, including medical care debts, owed to VA after the conditions described below have been met.

(1) Debts under $25, excluding interest and other charges, will remain in an inactive status (do not suspend) until September when they will be consolidated and screened for write off or later referral to the IRS in December.

(a) Consolidated debts, per individual, under $25 are to be written off.

(b) Consolidated debts, per individual, over $25 are referred to the IRS in December.

(2) Debts $25 or more (excluding interest and other late payment charges) and under $600 will remain in an inactive status (do not suspend) after the third statement is sent and no reply or payment is received and there are indications that further collection attempts will not result in the voluntary liquidation of the receivable.

(a) Debts with balances under $25 remaining after IRS offset are to be written off when no additional charges have been incurred since September.

(b) Debts with balances $25 and over remaining after IRS offset will be referred again the following year unless they meet the criteria for write off.

(c) Debts that are referred to the IRS but do not result in a collection because the debtor was not due a refund should be written off.

(3) The Chief of the Fiscal activity or designee may write off debts owed VA where the criteria for write off have been met and are not in excess of $40,000, exclusive of interest and other charges, after deducting the amount of partial payments or collections, if any, as follows:

(a) Deceased Debtor. The debtor is deceased and left no estate, or recovery from the estate cannot be effected.

(b) Debt Has Been Referred for Litigation. When either the U.S. Attorney or DC has jurisdiction over the collection of a debt and advice is received that the file is closed and the reason for closing the file states that the account is uncollectible.

(c) Debt Cannot Be Substantiated. When the DC states that a debt cannot be substantiated with the necessary evidence, witnesses are not available, and the debtor has refused to pay the debt voluntarily.

(d) All debts over $600 will be screened in September to determine if they meet the criteria for referral for IRS tax refund offset in December.

1. Debts with balances under $25 remaining after IRS offset are to be written off when no additional charges have been incurred since September.

2. Balances $25 and over remaining after IRS offset will be referred again the following year unless they meet the criteria for write off.

3. Debts that are referred to the IRS but do not result in a collection

because the debtor was not due a refund must be reviewed for appropriate disposition under FCCA criteria, i.e., suspension, termination, or enforced collection action.

(4) Debts in excess of $40,000 and not exceeding $100,000, exclusive of interest and other charges, that meet the criteria for write off will be submitted to Central Office (047G7) for write off approval. Requests will be signed by the Director and will include all pertinent documentation, except that a CCLR is not required. Requests for write off of debts over $100,000 will be submitted to (047G7), together with a CCLR. (047G7) will review the requests and submit them to DOJ for write off approval.

(5) The Chief of the Fiscal activity or designee may write off a debt, regardless of amount, if:

(a) Debt Is Discharged in Bankruptcy. A debt will be written off when the DC states that the debt has been discharged in bankruptcy or that the legal effect of the bankruptcy proceedings releases the debtor of the obligation to pay the debt. Debts will not be written off because of bankruptcy without the written advice of the DC.

(b) Debt Is Waived. Any portion of a debt that is waived by the COWC, BVA, or GAO is to be written off. (Refer to chapter 21 for waiver authority).

(c) Debt Is Compromised. Any portion of a debt (meeting FCCA criteria) that is compromised by VA (Fiscal Officer/COWC) or DOJ may be written off.

(d) Debt is Legally Without Merit. A debt will be written off when the DC states, in writing, that the claim is legally without merit.


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23.11 ALL FIELD STATIONS

The Chief of the Fiscal activity, or designee, may write off nonbenefit debts such as erroneous payment of pay and allowances, travel overpayments, vendor overpayments, FOIA, including amounts charged for services, after one or more of the conditions described below have been met. Multiple debts owed by individuals must be consolidated in order to determine dollar thresholds.

(1) Debts under $25, excluding interest and other charges, should be written off when one or more of the following conditions exist:

(a) The first collection letter is returned marked "no forwarding address", or

(b) No payment or reply is received within 30 days of the date the second collection letter is sent, or

(c) The debt is contested, or

(d) No additional payments are received on a debt where the remaining balance is under $25 and it has been 60 days from the date of the last payment.

(2) Debts $25 or more (excluding interest and other late payment charges) and under $600 will be placed in a suspended status after the third collection letter is sent and no reply or payment is received and there are indications that further collection attempts will not result in the voluntary liquidation of the receivable.

(a) In September of each year, these debts will be screened to determine if they meet the dollar limit and other criteria for referral for IRS tax refund offset in December. Debts that do not meet the criteria for referral to the IRS should be written off.

(b) After IRS offset any debt with a remaining balance less than $25 should be written off.

(c) Balances $25 and over remaining after IRS offset will be referred again the following year unless they meet the criteria for write off.

(d) Debts that are referred to the IRS but do not result in a collection because the debtor was not due a refund should be written off.

(3) The Chief of the Fiscal activity or designee may write off debts owed VA where the criteria for write off have been met and are not in excess of $40,000, exclusive of interest and other charges, after deducting the amount of partial payments or collection, if any, as follows:

(a) Deceased Debtor. The debtor is deceased and left no estate, or recovery from the estate cannot be effected.

(b) Debt Has Been Referred for Litigation. When the U.S. Attorney has jurisdiction over the collection of a debt and advice is received that the file is closed and the reason for closing the file states that the account is uncollectible.

(c) Debt Cannot Be Substantiated. When a debt cannot be substantiated with the necessary evidence, witnesses are not available, and the debtor has refused to pay the debt voluntarily.

(d) All debts over $600 will be screened to determine if they meet the criteria for referral to the IRS for tax refund offset in December. Balances $25 and over remaining after IRS offset will be referred again the following year unless they meet the criteria for write off.

(4) Debts in excess of $40,000 and not exceeding $100,000, exclusive of interest and other charges, that meet the criteria for write off will be submitted to Central Office (047G7) for approval. Requests are to be signed by the Director and will include a statement of facts summarizing collection action(s) taken and copies of all pertinent documentation, except that a CCLR is not required. Requests for write off of debts over $100,000 will be submitted to (047G7), together with a CCLR. (047G7) will review the requests and submit them to DOJ for write off approval.

(5) The Chief of the Fiscal activity or designee may write off a debt, regardless of amount, if:

(a) Debt Is Discharged in Bankruptcy. A debt will be written off when the debt has been discharged in bankruptcy or the legal effect of the bankruptcy proceedings releases the debtor of the obligation to pay the debt. Debts will not be written off because of bankruptcy without appropriate legal advice.

(b) Debt Is Waived. Any portion of a debt that is waived by the COWC, BVA, or GAO is to be written off. (Refer to chapter 21 for waiver authority).

(c) Debt Is Compromised. Any portion of a debt (meeting FCCA criteria) that is compromised by VA (Fiscal Officer/COWC) or DOJ is to be written off.

(d) Debt is Legally Without Merit. A debt will be written off when advice is received that the claim is legally without merit.

NOTE 1: A "WRITEOFF FLASHDMC" for written off loan guaranty debts on a veterandebtor is to be forwarded by the Debt Management Center (DMC) to the regional office of jurisdiction for filing in the claims folder. Written off loan guaranty debts will be reinstated should the veteran wish to pay his debt in full to restore previously used entitlement or if requested by the DMC.

NOTE 2: A compensation debt where the debtor has been authorized compensation benefits but is not in a payment status due to the prior receipt of severance or readjustment pay will not be written off.

NOTE 3: A Chapter 32 debt will not be written off when there are still unused contributions remaining in an individual's record.

NOTE 4: Debts of current employees, employees who have transferred to other Federal agencies, or employees who have funds in retirement accounts will not be written off without the written consent of the Claims Collection Officer (VACO/047).



the end of the lesson:
SUSPENSION OF COLLECTION ACTION AND WRITE OFF OF DEBTS

[Sharing Lights]

NARCA's Mission Statement
Founded in 1993, the National Association of Retail Collection Attorneys (NARCA) is a 501(c)(6) organization dedicated to serving law firms engaged in the business of retail debt collection. To serve NARCA's members, the long term objective is to continue to elevate the practice of retail collection law. NARCA's goals, in priority order, include

1) Networking
2) Member Education
3) Outreach
4) Legislation


These are the creatures who dedicate their
life to extorting-taking monies away from the US People
via debt collection route if not racket.





First Quarter 2003


Challenges for Collecting Purchased Debt
James M. McNeile
Cohen McNeile Pappas & Shuttleworth P.C., Leawood, Kansas

All of us know it is more difficult to collect purchased debt than originated debt by using the traditional legal collection approach.

So, now, they look for non-traditional ways.
How sweet.

The difficulties from a lawyer's perspective lie mainly in problems of proof. A creditor that originates debt has access to the documentation that courts require attorneys to introduce as evidence in order to obtain a judgment. Many debt purchasers either do not have access to the source documents or can only obtain those documents at great cost.

They almost cry that it is not that easy to steel from us.


How then can debt purchasers utilize the court system to collect debts that are legally due and valid?

Ken Gelhaus reports that in New York the problems of collecting on purchased debt have increased greatly in the last year.

At one time in New York, court clerks entered a default judgment on claims for "sums certain" without running the papers past a judge for review and signature.

That is the dream of the mutants and, too often, it has become reality as the courts are that corrupted.


In recent months, however, clerks are refusing to do so and requiring that a judge's order granting default judgment be obtained.


Would you believe it, they cannot get over the fact that
law must be practiced and not that racket?

They feel devastated and robbed of easy revenues, such poor souls - the "noble" lawyers.
I see why some call them "scumbags."

They bring bags to pocket in the monies by, just,
showing up in Courts
and do run a scam vs the people of the US.



In one of his recent cases, Ken reports that he applied for a default judgment using the affidavit of an officer of the purchasing plaintiff.


The affidavit, although able to reference the date of the purchase of the debt and the balance purchased, was deficient in that it did not include any actual business records of the originating creditor.

You, foul-full mutants - that is the law and for all - not only some.

Evidence must be real, Court accepted evidence and not your scum.
And you dare to complaint?

Douche-bags that are used have more value than your "decency" you, such lawyers.

So, some of you act as used-douche-bags.

The court found that the affidavit of the debt purchaser was insufficient and conclusory. The court suggested the debt purchaser furnish a copy of the assignment or contract assigning the claims, along with a copy of any statement or record clearly demonstrating the calculation and the amount of the claim. If monthly statements were furnished to the defendant, copies of the most recently sent statements should be annexed. Reliable and factual information concerning the claim is required.

Even if we as attorneys include such items, they are business records of the originating creditor, not the purchasing plaintiff.

OK, now, these mutants admit that they know the game well.
They are fully aware that they break the laws as state, themselves, the rules what belongs to whom and when!




At least in New York, these business records would have no probative value, because no one at the purchasing plaintiff has "personal knowledge" of the creation, maintenance, issuance, and tracking of the statements.


Lies and deceit are, still, such anywhere,
why is it not OK to be used in NY but OK in other places?

Wrong is wrong - anywhere!


In the eyes of the court, such affidavits are hearsay and therefore not admissible.


Welcome to the real world you - bags of scum!


A purchasing plaintiff is unable to swear to the authenticity of the originating or source documents of a credit transaction because they do not have personal knowledge of the events which transpired at that period of time in the life of the credit agreement.

Exactly!


The original cardholder agreement, any correspondence, and monthly statements issued by the original credit grantor are not admissible as the purchasing plaintiff's business records, as the purchasing plaintiff has no personal knowledge of how those records were created or maintained.

Relax now, bags from douche and showers, your friends-judges, still,
give you your Summary Judgment on your crappy hearsays.

You loose only when encounter one of us or a more or less decent judge and look at you,
you cry and wet your
pantyhoses as if the whole world is crumbling down.

You, just, can't loose a buck.
Such greed..!



How then can the purchasing plaintiff's counsel obtain a judgment for their client in the face of a court's refusal to grant judgment on a legitimate debt purchased by a third-party?

How?

Don't you know lawyers-liars?

You hold on to your names - and act accordingly as "real lawyers:"

you lie,
you cheat,
you extort,
you bribe your judges,

you make phone calls to
other lawyers who used to work
with the presiding judge and ask for a favor,

you submit false affidavits of service when never served us properly,
you send Court Summonses to the places where we do not live anymore,
you promise judges to help them to get re-elected, etc.

That what you should do as that is what you have been doing for ages?

Is it not so, dear lawyers-liars?

Just be yourself, and you would get away with much
until the laws of Karma catch up with you and they will,
as that is the real law which you can't touch and/or amend as it is out of
this world and the reach of your dirty paws.

Laws of Karma:
http://www.suijuris.net/forum/genera...terica-17.html


Amend any of the Principles if can, just try.

Let us know if can succeed.

We are waiting for your reply.

Meanwhile, we would deliver our replies to you in Court soon.

You pushed too far and for too long.

There is a new bread in town - SuiJuris - we learn, we share, we belier and we try,
and we shall accomplish.

We are coming to your Courts and sooner than you think.
By the way, who told you, lawyers-liars they are your Courts?


They are ours - the belong to the people - not to scum of the self proclaimed elite,
where you are in the front rows with your bags and douches to collect
what extort from the People of the US.

The Civil Court of
means it is civil - not layers' or judges' court of any city and State.

Is it not true?

Dictionary
civ·il
adj.
Of, relating to, or befitting a citizen or citizens: civil duties.
Of or relating to citizens and their interrelations with one another or with the state: civil society; the civil branches of government.
Of ordinary citizens or ordinary community life as distinguished from the military or the ecclesiastical: civil authorities.
Of or in accordance with organized society; civilized.
Sufficiently observing or befitting accepted social usages; not rude: a civil reply. See synonyms at polite.
Being in accordance with or denoting legally recognized divisions of time: a civil year.
Law. Relating to the rights of private individuals and legal proceedings concerning these rights as distinguished from criminal, military, or international regulations or proceedings.
[Middle English, from Latin cīvīlis, from cīvis, citizen. See civic.]

civilly civ'il·ly adv.



Law Dictionary
CIVIL
That branch of law that pertains to suits outside of criminal practice, pertaining to the rights and duties of persons in contract, tort etc.; also refers to civil law as opposed to common law.


Thesaurus
civil

adjective

Of, concerning, or affecting the community or the people: civic, national, public. See specific/general.
Characterized by good manners: courteous, genteel, mannerly, polite, well-bred, well-mannered. See courtesy/discourtesy.




Antonyms
civil
adj
Definition: obliging, kind
Antonyms: ill-mannered, impolite, rude, unkind

[Sharing Lights]

continued by the whining robed of golden opportunities elite:

The obvious answer is to obtain the affidavit of the originating creditor and annex the documents of the originating creditor to their affidavit.


When others called you and your kind as stupid and lazy
I thought they exaggerated.

I am not so sure now.

Attach any affidavits and documents or even toilet paper anywhere you like,
including on your, own...
what you use to think sometimes.

Please do, we, still have the right for cross examination of your witness -
the real witness.

That is the law.

If the witness is not there, by law, your papers-so-called Affidavits can truly
be utilized in your toilets, indeed.

No lawyer may give a testimony, if he/sher represents a client in that case,
as that is not allowed by law and a witness must be physically present -

not claiming anything on paper.

We are not on paper - we are right there in a court.

So bring your "serving-you-dogs-witnesses" there but bring them.


The originating creditor would have actual and personal knowledge of the events
which led to the creation of the debt, as well as the events which lead to the sale of the debt.

Good, let them show their rear quarters in Court,
then, if they would dare.

We would be there for sure.

You know well that banks are terrified
of law suit vs them, as they break laws left and right.

I would like to see them sending their reps to Courts to open up
themselves for

hell being loose.

Do you or them want that?

Please oblige, there are other bags of scum like you
who love money not any less than you.

They (other lawyers) would love to sue you for their profits,
as banks are their meal too.

All of you would love to sell each other and anything
that could be sold as that
is what you being taught in your law schools -
script provided by Beria and Stalin
of the Soviet Russia back to the 30's.

Proof:
http://www.suijuris.net/forum/articl...inwashing.html

Money, money, ambition, power - the hell with real law and people.
Break them all - be strong - be a real lawyers:
do anything - just do not get caught -
that is the Art being painted by the Bar from the Bar!

Where do you get your canvas?

We are.

You brushes?

Your dirty, greedy paws.

Paint?

You are supplied that from hell, as it can't come from heaven.

Quote: