More material came in, so we have added it below.
Part 6 3rd Party Debt Collectors
Governed by TITLE 15 > CHAPTER 41 > SUBCHAPTER V > § 1692
There is a big difference between a debt you may owe to an individual or small business and one you owe to a bank.
Most “bank loans” are based on fraud because the bank never actually loaned you money. They gave you the idea they did but they didn’t. You are the only one who has brought real value to the transaction. This includes credit cards, student loans, or even mortgages. We will not be covering mortgages in this article but will cover that topic later.
Commerce is a great thing because it created everything we have.
Dispatch of Merchants is a great book to read. Because of greed there have been great abuses. They want to get around public policy, which wais stated in House Joint Res. 192 in 1933, which stated you can’t pay a debt with a debt. Substance money was eliminated when gold was confiscated, leaving only Federal Reserve Notes, which is a debt instrument. You can’t pay a debt with a debt, you can only discharge a debt, which means it is transferred and pushed into the future. Everyone was thus turned into a merchant in commerce.
This turned the United States into a constitutor, making itself responsible to repay all debt. Thus, US citizens can transfer debt to the US by using Treasury Direct because it is impossible to pay a debt. Once you have exhausted your administrative remedies you have no other choice since payment is not possible. The law doesn’t require impossibilities.
Because we are operating under the bankruptcy of the US, it now becomes a trust situation. As a US citizen you are thus a beneficiary of the trust. They get you to give up your rights as a beneficiary by getting you to fill out an SS-5 form, which sets up a Social Security trust.
As the constitutor, the US government, which is actually a corporation, has failed miserably.
- They failed to inform the public of the change;
- They were only legally required to publish this in The Federal Register, which they did, but they still had a moral obligation to inform the public;
- All of these wars we are involved in are commercial wars, so if the people understood what is really going on we would not have this.
When you become involved in negotiable instruments you then fall under merchant law. These fall into 2 classes: Notes and Drafts.
A Note is a promise to pay. They are 2 party instruments. The most common form is a bank check.
A Draft is the other one, it is a demand to pay. There are 3 parties to it.
An application for a loan is a note, or a promise to pay.
Who has the liability on the note? Does a 3rd party debt collector have the right to enforce the note?
Let’s say you’re walking down the sidewalk and find a note lying there. Do you have the right to collect on that note? This example may sound silly, but it illustrates the situation with these 3rd party debt collectors. Under the UCC I would be called a “holder” of the note, which does not give me any rights to collection.
The only person who can enforce the note is the “holder in due course.” This is one of the problems with mortgages, because most of those collecting on them are not ther holders in due course because it’s been sold several times. 3rd party debt collectors are thus not obeying the law.
Most people sign things with a general signature. There are ways to sign documents reserving rights and restricting the use of it. Your signature creates a liability. The way you sign it can make it assumed that you are authorized and responsible. An application is a note or a promise to pay. The note is an asset to the MAKER. This is on the accounts payable side of the ledger. On the account receivable side, it is an asset to the bank and a liability to the maker. When you get a request for payment, then, the only thing being considered is the accounts receivable side of the ledger.
The 3rd party debt collector only gets half of the ledger and a copy of the note, not the original. Therefore, they have to use a scam to make this work. This puts them in violation of public policy and the national bankruptcy.
Chosen Action. Any right to anything personal, but recoverable through a lawsuit. A suit by a 3rd party debt collector is therefore a chosen action. The first question should be “Am I in possession of something that belongs to you?” They will answer “money.” But how did I get this money from you? Did I take it out of your back pocket? No. I didn’t borrow anything from you! The first assumption is that you have money that belongs to them. How did I get it? What did I get for the loan application? Cash? A check? You could come over to my house and look and you won’t find it.
The courts are doing a “conversion,” by converting a default on the note into specie. It’s like waving a magic wand and changing the default on a negotiable instrument into specie. This is fraud. “Do you authorize me to pay this debt in anything else besides gold and silver?” If he does, it is treason. Then you say “I have no remedy.” Then the judgment becomes null and void. Fed notes are not legal tender.
- When the bill comes return it, “not at this address” since it’s in all caps. That is not you. Unless you want to be a surety for that. The envelope is a contract.
The court is nothing more than a 3rd party debt collector for the state. Remember the complaint is a negotiable instrument. The complaint is not entered for the plaintiff. They subrogated their rights when they handed it over to an attorney. They subrogated their rights to the court. The state then became a collection agency for the state. They are in the business of monetizing negotiable instruments. Everything ends up in the hands of the county comptroller who presents them to the US Treasury.
If you get served by a summons, write “Refused for cause without dishonor.” If you state this you should state your reason or cause. One is a violation of Rule 17.
You should write down the reason for the refusal.
If you received a summons and complaint and didn’t do anything about it, you are participating. Non response means agreement.
Long arm statutes are illegal.
You can also enter a counterclaim. If you have not had a chance to exhaust your administrative due process say so. This can also form the basis of a counter claim.
You can use a habeas corpus against the court to make sure they really have a claim. Habeas corpus demands they bring in the legal documentation that formed the debt in the first place. If they can’t produce the original instrument they lose their case.
You can also subpoena the original documents. If the court blocks this use habeas.
Moving for discovery is difficult. Also use the bankruptcy form B-10 with the “intent” to file bankruptcy and then don’t file it.
Acceptance for Value is a private administrative process. How do you get your private ad process into the public? You have to use the rules of evidence to get it into the case.
You can go into probate court saying the assets of the estate are being stolen.
Request the registration certificate that covers the tax return about the issue.
Ecclesiastical deed pole.
GSA form 28 can also be used.
A promissory note can also be used.
One debtor can’t sue another debtor or there are severe consequences.
Things a Collection Agency Can’t Do
A debt collector may not communicate with a debtor if they are informed that they can’t, and can only communicate with them bet. 8 AM – 9 PM.
If the debt collector knows the consumer is represented by an attorney. Also can’t call the employer or at work. Can’t communicate with a 3rd party or an attorney or a credit bureau.
If consumer contacts a collection agency saying not to contact them in writing or they refuse to pay they have to cease communications or sue.
If you sue and subpoena them to produce the original signed note they can’t do it because they sold it.
Other Things a Collection Agency Can’t Do
[Note, most banks have sold the loan, but they still service it. This has made them nothing more than a collection agency, which you can use to your advantage.]
The use of threat of violence or other criminal means is not allowed. Can’t use obscene, profane, or abusive language.
Publication of a list of debtors.
Advertise the debt for sale.
Can’t not tell you who they are.
Must disclose they are a 3rd party.
If the debt is in dispute.
Can’t solicit post dated check.
Validation of debt. A 3rd party can’t validate the debt.
Also, if you have sent them an a4v and they have not responded, estoppel prevents them from collecting.
Debt Assumption. They go to court on an assumption of debt. If you break this assumption, you destroy the case. You demonstrate their assumption of a debt is wrong.
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