certificate of non response

[Jerseee]

Ice, Jim&or anyone with the know,

I have sent a credit card company a VOD and it has been about a month since I have heard from them.& this company must have bought information from a company that I was dealing with--now they are debt collectors basically.

Should I proceed with a certificate of non-response since it has been well over 30 days?& If so, is there a format for this document or does the notary create it?

Also, this alleged debt should or should not show up on my commercial person's debt report as a charge off?

And I have ask for verification of debt through the CRAs and I have not heard anything and its been well over a month as well.& Should I do a follow-up correspondence to remind them that if a request for verification of debt has been submitted and it has been over 30 days--that the alleged debt entries must be removed by law?

I know its a lot of questions but, 45 days is long enough for the thieves and liars. thanks.& Any and all input will be welcomed and not taken as legal advice.

[Ice]

Jerseee,


As for the non-response, all you need to do is a notarized&Affidavit of Truth (or Fact) in which you state that there has been no response.& Do one as soon as the time limit is up.


As for the CRA request, make another request, note that it is your second request.& You could&state that if a response is not received within 10 days that they will be in default and must remove any items they have not verfied.& If they default, do an affidavit as above and send them notice of default.& It could be something simple, such as they waive any right to report any items listed against your name, number, address... whatever, if they default through non-response.& Ya know, self-executing contract style.


What do you think?


&

[Jerseee]

Thanks Ice for the brainstorming.


I am prepared to go the route you mentioned but, I didn't want to miss a step.& You know---I wanted to exhaust every avenue possible before I go on noticing folks.


Would you happen to have a decent format for these docs so I may edit?

[Ice]

The affidavit for non-response isn't really any different then the Affidavit of Debt... only the facts have changed.& As for the other docs, you'll have to wing it.& But I'm sure that if you post whatever you come up with, the members can help out with their opinions/suggestions in order to "fine tune it"... or "tweak it", as some would say.


I would start by looking at similar docs (which can be found all over the www) and use them as examples.& Exact words and phrases will be up to you.& You already have the details, now putting them into a certain "form" is all that is left to do.


&

[Ice]

Jerseee,


State more facts.& Make it simple.& Such as, "On <U>date</U> Respondent mailed blah blah."& "blah blah stated response must be made within blah blah"; "as of this date, <U>date</U>,&Respondent has not received any response in any form of any kind by any means&from TARGET."


Make it a simple affidavit of truth -- and state the facts of the non-response.


&

[Jerseee]

Good catch----gotcha.& thanks

[nralien]

I have&two questions about using a CERTIFICATE versus a Affidavit:


1.& Is the CERTIFICATE for DEBTORS/STRAWMAN?


That is, are Affidavit's for flesh-and-blood Creditors?


2.& If so, does the choice of CERTIFICATE versus Affidavit stem from the offer or presentment?


nralien

[Ice]

Wow... thanks for waking me up... and I owe Jerseee an apology... I was asleep at the wheel!!


The above "certificate of non response" should actually be "affidavit of non response".& But, I may&have something better...&a complete Affidavit of Default... which includes statements in regards to non response... and another gem or two.


Ice

[Jerseee]

Ice,

No apology needed. I have figured that the Certificate of Non-response has an affidavit included in the body of the Certificate.

[nralien]

Jerseee


Can you share with us how your completed Certificate or Affidavit of Non-Response reads out?


nralien