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Re:Thoughts on the system
Hi, Strawman....
Really not much to add.
Just remember: Anyone--absolutely anyone--who alleges you owe a debt is required to do three things:
1) Prove authority to collect the allege debt.
2) Prove the allege debt itself, meaning authenticated and certified copies of all "incriminating" evidence that suggests liability on your part.
3) Verifty the debt, meaning a sworn oath that such person has personal and requisite knowledge of the facts.
As Jersee says over and over, don't argue with 'em.
YOU stick to these three things, period. That's it. That's all there is. Do not let them get you sidetracked onto anything else because there is nothing else.
Every piece of correspondence you send them is just the same thing, over and over: "Not a refusal to pay....Please provide proof of debt, proof of authority to collect, and verification of debt."& And EACH one of these letters becomes potential evidence that THEY have to admit into evidence on YOUR behalf should THEY take it to court.
Hell, I've been dealing with the tax-agents so long I now have my own version of a computer-generated response.
And personally, as far as the courts go? I agree with you. I ain't never seen a judge be "intimidated." So knowing that the "plaintiff" has the burden of proof makes me do nothing, well, except for the above. I just keep sending them more and more "evidence" that THEY will have to introduce FOR me. It's just that old "exculpatory" thing. Might as well use it to my advantage.
And listen to Ice. Doesn't matter if it's "third party" or not. "Original" lendors/whatever still have to "prove" the thing. "Rules" might vary a bit in your dealings, but it's still about proving the debt. And what's so bad about a person asking for "proof" that they owe the debt? Nothing.
That "the system" doesn't like it is just tough.
I'll pay any debt I owe as long as there was full-disclosure made at the time I accepted the obligation. You let me find out they were hiding something--such as the fact they never really "loaned" me anything--and, to paraphrase the NRA--they'll have to pry the money from my cold, dead fingers.
I've had it with the greedy, lying, stealing....agents!
And yes, bankhonesty.com is most excellent indeed.
Easier said than done, I know, but don't get frustrated. Realize (although it's hard to do) that you're on safe AND legal ground by demanding PROOF. Hell, even the dumbest judge in the world understands that.
Best to you.
Randy
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