Shining Spotlight on Racket of Debt Collection

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U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS
..PART 6. DISCHARGE AND PAYMENT

U.C.C. - ARTICLE 3 -§3-604.

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§ 3-604. DISCHARGE BY CANCELLATION OR RENUNCIATION.
(a) A person entitled to enforce an instrument,
with or without consideration, may discharge the obligation of a party to pay the instrument

(i) by an intentional voluntary act, such as surrender of the instrument to the party,
destruction, mutilation, or cancellation of the instrument,
cancellation or striking out of the party's signature, or the addition of words
to the instrument indicating discharge, or

(ii) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing.

(b) Cancellation or striking out of an indorsement pursuant to subsection
(a) does not affect the status and rights of a party derived from
the indorsement.

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SL: UCC has some useful and fair applications of law.

I would show you now that some portions of it have been written by ESQUIRES
who forgot to wash their hands before they held the pen or whatever they stroked.


I know it got to be an esquire because of the typical signature
of these aristocrats who write law and pervert it at the same time in order to
leave a loophole for their buddies.

PROOF:

U.C.C. - ARTICLE 3 - NEGOTIABLE INSTRUMENTS
..PART 3. ENFORCEMENT OF INSTRUMENTS

U.C.C. - ARTICLE 3 -§3-301.
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§ 3-301. PERSON ENTITLED TO ENFORCE INSTRUMENT.
"Person entitled to enforce" an instrument means

A person may be a person entitled to enforce the instrument
even though the person is not the owner of the instrument

SL: ESQUIREEEEEE, while your S is on fire
(or it should be with the rest of your lying loins)
tell as - THE PEOPLE, how in the world,
a thief who stole your property, for example,
may be able to re-sell it and, then, have standing in court, claiming that did not get
enough money and needs some more?


You just wrote an equivalent to that above, by stating,

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Mutants introduce in their fraudulent pleadings so called Affidavits of
fraud artists working for debt collectors who are signing what their lawyers composed
for them, pretending to maintain our accounts and knowing its full, history.


Lawyers - debt collectors would rather stop using toilet paper in their joints than bring
such "competent fact witness" in court to be cross-examined.

The law, regarding witnesses is consistent with these cases:

The party seeking to introduce hearsay evidence pursuant to this section's
exception must show that diligence was used to locate the witness and
that the witness is unavailable. It is within the sound discretion of the trial court to determine
whether the proponent has met this burden.
State v. Jordan, 229 Neb. 563, 427 N.W.2d 796 (1988).

Criminal:

The requirement of unavailability for the admission of hearsay testimony
under this section will not be regarded as satisfied if the proponent of the evidence
has caused the unavailability.
State v. Wiley, 223 Neb. 835, 394 N.W.2d 641 (1986).

SL: Here is a partial whammy:

A prerequisite to the admission of hearsay statements into evidence under these
exceptions to the rule against hearsay is that the proponent of the statement must make
a showing that the declarant is unavailable as a witness.

It is within the discretion of the trial court to determine whether the
unavailability of the witness has been shown.
State v. Bothwell, 218 Neb. 395, 355 N.W.2d 506 (1984).

SL: No, demand your right to cross examine your accuser,
otherwise, you wave Due Process guaranteed by the Constitution.

Constitution was not written to be overruled by any, trial judge.
The Constitution protects you - not judges,
whereas, the former guarantees your Rights,
while the latter is a low chance lottery.

Affidavit composers want you to lose your money so that
they can benefit by that loss, making it their gain-commission.

Is that not so?

exposing their fraud whether they, really,
maintained our accounts or looked at some breached, private data
supplied to them by

whether these

Write to banks directly demanding confirming of denying whether these S-holes
worked for the bank as CPA handling
the General Ledger and personally being responsible for Accounting
or not?


I have not heard of one case, yet, where the scumbags worked for a bank as CPA.

Many of these so called debt collectors officers (the mutants) are
high school drop outs, forget them being CPA.

Ass-who-aLA, maybe...butt nut see-pee-ei...

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Solid research by Kielsky:

for DCs - non-lawyers:

[Subscriber]
[Address]
[City state ZIP]
[Collector]
[Address]
[City State ZIP]
[Phone number]
[Date] Certified Mail No.: _____________
Re inquiry dated ___: account no. (none)

Greetings:

Thank you for your recent inquiry.

This is not a refusal to pay, but a notice that your claim is disputed.
This is a request for validation made pursuant to the Fair Debt Collection Practices Act.

Please complete and return the attached disclosure request form.
Be advised that I am not requesting a "verification" that you have my mailing address,
I am requesting a "validation;" that is,
competent evidence that I have
some contractual obligation to pay you.

You should also be aware that sending unsubstantiated demands for payment
through the United States Mail System might constitute mail fraud under federal
and state law.

You may wish to consult with a competent legal advisor before
your next communication with me.

Your failure to satisfy this request within the requirements of the
Fair Debt Collection Practices Act will be construed as your absolute waiver of
any and all claims against me, and your tacit agreement to compensate me for
costs and attorney fees.

Best regards,
[Subscriber]

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CREDITOR DISCLOSURE STATEMENT

Name and Address of Collector (assignee):
__________________________________________________ __________________________
Name and Address of Debtor:
__________________________________________________ __________________________
Account Number(s):
__________________________________________________ __________________________
What are the terms of assignment for this account? You may attach a facsimile of any records relating to such terms.
__________________________________________________ __________________________
__________________________________________________ __________________________
Have any insurance claims been made by any creditor or assignee regarding this account?
Yes / no
__________________________________________________ __________________________
Has the purported balanced of this account been used in any tax deduction claim?
Yes / no
__________________________________________________ __________________________
Please list the particular products or services sold by the collector to the debtor and the dollar amount of each:
__________________________________________________ __________________________
__________________________________________________ __________________________
Upon failure or refusal of collector to validate this collection action, collector agrees to waive all claims against the debtor named herein and pay debtor for all costs and attorney fees involved in defending this collection action.
X________________________________ _________________
Authorized signature for Collector Date
Please return this completed form and attach all assignment or other transfer agreements that would establish your right to collect this debt. Your claim cannot be considered if any portion of this form is not completed and returned with the required documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. If you do not respond as required by this law, your claim will not be considered and you may be liable for damages for continued collection efforts.

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Your Name
123 Your Street Address
Your City, ST 01234



Big Bad Credit Collector
Their Street Address
Some City, ST 56789


6/8/1999



Dear Collector,

I am writing in response to your letter dated May 28, 1999 [copy enclosed]. This is the first letter I've received from you on this matter.

I do not believe that I owe what you say I owe, and I request that you please do the following:

tell me what this money that you say I owe is for
show me how you calculated what you say I owe
give me copies of any papers that show I agreed to pay what you say I owe
show me that you are licensed in my state, and give me your license number
stop contacting me about this or any other matter you have, except to provide me with proof that I owe what you say I owe
I demand that you also send a copy of this dispute to the company that you say I owe money to, so that they do not report this on my credit report.

I further demand that if you have reported me to a credit reporting company, you tell them that I do not agree with this debt.

Sincerely,

your signature

Your Name

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