Petition to Expunge Record

[ooak]

I just received "Notice of Hearing" from legal counsel for the individual that I had previously filed a UCC-1 (FS) on, which petitions the court to expunge the financing statement from the county records. Of course the individual claims it is a fraudulent filing, has no idea who I am, has no contractual relationship with me, no financial liability to me, etc., etc.


Background... in Oct/02 I sent NBWC (hard opt-out). It was executed by no reponse. in Nov/02 sent invoice for use fees and filed FS at SOS. In Dec/02&filed UCC3 at SOS adding&AOD. &In Jan/03 filed FS in county records against individuals property. NBWC and Invoice were sent to individual certified mail/restricted delivery.


Now individual wants to refinance property and cannot due to my FS. So, she is petitioning the court to expunge the filing by telling all kind of lies in Affidavit form.& What I'm thinking of doing is creating my own Affidavit to rebut the petition and the affidavit submitted by the petitioner... then file it with the clerk prior to the hearing.


My questions are: (1) Is there any special/meaningful title to the Affidavit I create... (2) once I file the affidavit with the clerk, do I need to show up at the hearing in person... (3) anyone have any experience with this situation that would pass along any hints ?


I'm not asking for any legal advice here... only opinions and suggestions. I guess I could do nothing and let the individual get the record expunged... being happy with the fact that it caused this much grief, but I don't want to.& The real kicker here is... the petitioner is the Circuit Court County Clerk herself!& She is the&county recorder&who actually filed the FS on herself!


Thanks for any help and suggestions.

[rushpat]

Hey ooak, welcome to the forum here (along with the other TSN refugees).

Now that's funny... she filed it on herself. Definitely make your own Affidavit. Not sure of title... not sure if it matters. Her unrebutted affidavit would stand as fact until you rebut it. Just bring up the self-executing contract, and mention her non-response.

Did you happen to make an affidavit of non-response after the time limit on your NBWC expired? That would help.

What are the details of the hearing?

[seeker]

what's NBWC (sounds like a media station)


Seeker

[rushpat]

NBWC = Notice by written communication.

[suijuris]

Ooak, welcome!

Very interesting story - if it were my, I think I would start with the affidavit of debt (available in the downloads) and modify it as needed. It will serve as a great starting point...

Regards,
Sui Juris

[Jerseee]

ooak,


Do you have proof of her non-response?& Do you have proof of delivery and acceptance?

[Ice]

When you filed the UCC against her did you include an Affidavit of Debt with it?& If you did so your bases are covered.


What you will need to be wary of is that they will attempt to interfer in the "Contract"... which they cannot do.& Prepare for that.


Whenever I send out a NbWC I always include an "out" for them.& It is always stated that they must address all correspondence to "Secured Party" in order to avoid executing the contract.& If they refuse and instead opt to execute the contract by using the TRADENAME... well, that's willingly binding themself to the contract.& The judge should not allow them to attempt to free themself from a contract they willingly executed.& And, being that they did willingly execute the contract -- the judge has no right to interfer in the contract or any of the terms thereof... and certainly not the outcome.


Ice

[Jerseee]

Ice has a point. That is why I put "non-negotiable" on the top and bottom borders of the CN (TN) along with a contract number.

I get the contract number from the certified receipt or registered lable.

[ooak]

Thanks to all for the support and input.


Ice... the AOD was filed only at the SOS level, not in the county records filing.


Jersee... I do have proof of delivery and acceptance. My proof of her non-response is the unpaid invoice and the AOD.


Noone has commented on whether or not I should actually appear at the hearing after I have filed my affidavit with the court.


Thanks again for your responses.

[Ice]

Why not appear?& You have the upper hand.& Just make sure that you are prepared to deal with the courts attempt to interfer in the private contract.& You might consider filing Judicial Notice pertaining to certain points of the Law that uphold the contract and its freedom from interference.


&