COLLECTION INFORMATION NOTICE - FTB 1140

[nralien]

All


If I ask FTB "I will gladly remit the amount if you can specify the form of payment please." they will not respond or side step the issue?


Am I understanding that correctly?& Would anyone (everyone) bet me $9+K on that?


nralien


Is there someway to work that into a negative averment?

[nralien]

How about...


...upon proof of claim that:


The Undersigned is under any requirement/obligation to specify the form of Balance Due $9264.11.


or


Affiant has neither seen, nor been presented with, any evidence, and likewise any material fact, that demonstrates that Affiant is under any requirement/obligation to specify the form of Balance Due $9264.11, and believes that none exists.


nralien

[Jerseee]

JamesDean

Welcome to the forum! Good input. Although, I am not speaking of the Constitution--since this is not a constitutional matter. This is commerce and trade. The code I was referencing was the State's UCC code. But if that does not work then you read the code that they are citing to you.

Nralien,

To continue my thought from above.....

What code are they citing to you? the reason I ask is simple. I have dealt with government regualtions and operating under them directly until I found the truth. You see, the same thing that they cite against you is usually a code or statute nearby (in the same series) can get you out of it.

For example, Debt collectors usually cite USC 26, 5, 42 or whatever, just to put you on notice. I cite USC 15, chapter 41 to put them on notice and I have no problems (knock on wood) with them.

So there is a code out there that they are citing--I'm pretty sure of it. You just need to find the code that supports your position. But if you really want to get down and dirty do this:

Tender a good faith payment (CPN) and at the same time ask them if they have jurisdiction. If they can prove that they have jurisdiction--they already have payment. And never argue.

Also, I have mentioned in another post that I do not send the whole 14 page VoD out any longer. It depends on the situation but, I only send out a nice letter telling them what to do, a CN, A CPN, and a affidavit to reserve my rights to go after their bond. I also, send copies to other agencies that might get their bogus info to damage my commercial person. I do not send out copies of anything else other than the letter--that is all. This approach has been working for me.

[rushpat]

Hey Jersee!
<< It depends on the situation but, I only send out a nice letter telling them what to do, a CN, A CPN, and a affidavit to reserve my rights to go after their bond.>>

The part about what to do, is this just instructions about validating a debt that you mentioned before, or are their other instructions?

Going after their bond... can you share that part of your letter? The CN and CPN, I understand. Are you using the new CN that TSN release about a month ago?




<< I also, send copies to other agencies that might get their bogus info to damage my commercial person>>

These are the CRA's, right?


. I do not send out copies of anything else other than the letter--that is all. This approach has been working for me.>>

How many times have you used the new method, after the published 14-page VOD we have here?

Congrats on all the success.

[nralien]

Jerseee


The are citing the following:


Wage garnishment is governed by the California Code of Civil Procedures Sections 706.020 through 706.154.& The issuance of a State Tax lien is governed by California Code 7171.& The seizure and sale of real and personal property is governed by California Code of Civil Procedure Sections 700.010 through 704.995, and the California Revenue and Taxation Code Sections 18670 and 18671.


Do you know if there is anything I can use?


nralien

[Jerseee]

Rushpat,


Write them a letter telling them what you want.& For example, I often state this: 'In an attmept to satisfy this alleged debt, i need certified verification fo this entry on my commercial person's record.& file number 111111111'


Something to that affect.& Then i cite the US code and allow them to do their job.& And as far as going after their bond, that is the 13th page of the VOD package (I think).& It is an affidavit.& And yes, I use the new CN and i also use the old one at times.


But keep this in mind when reading my posts......my success rate is high because I avoid most obligations that may later require me to do such documents.& So to avoid the conflict--you should avoid the contact.


&


Nralien,


great you found it.& Now do your research on that code and i wager that there is a code out there that California has that will help you in this matter.& The system is over-regulated.& they only enforce the laws that benefit them.& there are codes and statutes out there that protect your commercial person from this type of onslaught.& I wish I could be of more help.

Originally Posted by nralien

JamesDean


When you recieve a "offer" or true presentment in the mail you respond by invoking&your right to contract under Article I Section 10?


Is the language as simple as that or do you have to dismiss some (or all) presumptions, like being a 14th Amendment Citizen?


nralien

Nralien,


I have quite a few presentments&I need to respond to but I'm holding off until I get some new information.& Hopefully I'll have the info by the weekend, but&if not,&then certainly by early next&week -&


It is a complete reverse of what everyone has been doing: Instead of THEM demanding payment,&you& demand that they pay YOU!


I don't know the details right now.& I'll let you know if I think&its workable or not.


JamesDean


&

[nralien]

To all...


I have done some research in 15 USC Section 1692g, Regulation Z, and 12 CFR 226.& I did not find "form" as to species of payment anywhere within.


My question is just this.& If I include a question about form of payment with my Debt Collectors Disclosure Statement Re "Offer of Performance" questions, will that be of any value?& Or will it invalidate the whole thing?


nralien

[Jerseee]

Nralien,

Asking them to verify the debt does not validate it. 'A thing viod from the beginning does not become valid due to lapse of time'.

[nralien]

Jerseee


I must have asked the question incorrectly.& At the end of my 14 page VOD package is 44 questions in the Debt Collectors Disclosure Statement.


Would it do me any good in the future to add a 45th question like "What form of remittance is required?"


nralien