Judgment and Estoppel - Page 2

Ice · #11 09-25-2003, 10:22 AM

It seems to me that the debt has been discharged.& Working from that point on would probably be the&best startegy.

As far as changing the VOD... a simple thing that can be done using the "replace" function in whatever doc program used... just replace CPN with BoE.& The BoE is enclosed with the letter, not being a numbered page of the letter.& I'm thinking of doing the CPN the same way.

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Ice · #12 09-25-2003, 10:22 AM

It seems to me that the debt has been discharged.& Working from that point on would probably be the&best startegy.

As far as changing the VOD... a simple thing that can be done using the "replace" function in whatever doc program used... just replace CPN with BoE.& The BoE is enclosed with the letter, not being a numbered page of the letter.& I'm thinking of doing the CPN the same way.

&

suijuris · #13 09-25-2003, 10:27 AM

Yes, that would work...

suijuris · #14 09-25-2003, 10:27 AM

Yes, that would work...

#15 09-25-2003, 07:02 PM

Surjuris and Ice:& Thanks for the input.& I am scheduling an ex-parte hearing in Dallas for the week of Oct. 13-17th to hear several cases that I have.& Nana is going with me and she is also going for an ex-parte hearing on her cases.& We will let you all know how it goes.& We are going for a default judgment using our Certificate of Protest. We are going to work on our presentment to the court and a default judgment to present to the judge in the meantime and put all of our documents in a row.& It ought to be interesting.&

#16 09-25-2003, 07:02 PM

Surjuris and Ice:& Thanks for the input.& I am scheduling an ex-parte hearing in Dallas for the week of Oct. 13-17th to hear several cases that I have.& Nana is going with me and she is also going for an ex-parte hearing on her cases.& We will let you all know how it goes.& We are going for a default judgment using our Certificate of Protest. We are going to work on our presentment to the court and a default judgment to present to the judge in the meantime and put all of our documents in a row.& It ought to be interesting.&

Jerseee · #17 09-25-2003, 07:12 PM

I own SSA,

I have recently sent a VoD to a credit card compnay that apparently bought the account from the original CCC.& I have demanded that Trans union verify this alleged debt on my debt report (a.k.a credit report).& Once Trans Union received my demand for certified verification, I got a phone call from the card company.& I told them that payment and information was already mailed to them and not to call any more.& They asked for a check number so they update their records.& I told them I will give you the certified mailing number and the conversation came to a halt (I don't know why).

Anyway to make this story short, I have not heard from them as of yet but if they are to come back with any form of dishonor---demand that they put it in writing and send it to you.& do not debate an alleged debt over the phone.& debating a debt only verifies that there is a debt.& Accept it for what it is (a claim) and demand they put their position in writing.& After that, keep the evidence and start the invoicing process.& 

Also, I have learned that referencing&Title 15, Chapter 41 of the&US Code helps keep them off of you.Hope this helps

Jerseee · #18 09-25-2003, 07:12 PM

I own SSA,

I have recently sent a VoD to a credit card compnay that apparently bought the account from the original CCC.& I have demanded that Trans union verify this alleged debt on my debt report (a.k.a credit report).& Once Trans Union received my demand for certified verification, I got a phone call from the card company.& I told them that payment and information was already mailed to them and not to call any more.& They asked for a check number so they update their records.& I told them I will give you the certified mailing number and the conversation came to a halt (I don't know why).

Anyway to make this story short, I have not heard from them as of yet but if they are to come back with any form of dishonor---demand that they put it in writing and send it to you.& do not debate an alleged debt over the phone.& debating a debt only verifies that there is a debt.& Accept it for what it is (a claim) and demand they put their position in writing.& After that, keep the evidence and start the invoicing process.& 

Also, I have learned that referencing&Title 15, Chapter 41 of the&US Code helps keep them off of you.Hope this helps

#19 11-18-2003, 03:11 PM

I wouldn't suggest changing the instrument from a CPN to a BOE if you are sending the VOD to a debt collector; which is who the VOD was initially intended for.

Remember, we are giving the debt collector an opportunity to verify the debt and sending our promise to "pay" (CPN) if they can perform such. Of course they will never be able to verify the debt so you remain in honor...

If you are dealing with the original creditor then the BOE would be appropriate. However the VOD should be stripped of the Title 15 lingo because you are giving an order to pay. Actually, it shouldn’t even be referred to as the VOD at this point because you are not asking for verification rather an offer of performance in accord with UCC and civil code and civil code of procedure situs.

Lately I've been using a bond, an affidavit, and some doc's to cure bad behavior, for the original creditor. I challenge them on the original "agreement/contract" where I contend they may not have provided full disclosure to me about our actual relationship.

This is really proving to be an effective approach because they never rebut the affidavit which means they assent to have never lent me any money; which means they weren't forthcoming on the "agreement"; which means they are in violation of Truth in Lending Act; which means there was fraud; which means there was NO CONTRACT... This ultimately means the derogatory stuff they are putting into my commercial file is FRAUD and grounds for a tort.

The next step in the process is to effectively convey this to the CRA's who have been obstinate in securing certified verification of the alleged debt from the creditor on our behalf. We are actively working on the remedy to this juxtaposition and should have answers within the next 30 days…

Jerseee · #20 11-18-2003, 05:40 PM

Guess you been real busy lately OT,

Great job to put them in their place.& When I reference USC 15, I am putting them on notice that is all.& I'm basically letting them know I know what is going on and I will have them by the crotch with the codes.

But I guess you don't want to play that game with them.& It sounds like your docs cut right to the chase. Hope you can share them one day.