Notary Certificate of Non-Performance (also known as Dishonor):
This explains the actual Paperwork “Process” that we use:
Within the Uniform Commercial Code (UCC) is a process called a ‘Notary Certificate of Default Method” (Notary COD method). This has generally been used by banks in their commercial transactions, but more recently, the Notary COD method has been used in disputes with government agents, agencies, banks, and corporations by people who are
unable to afford the services of an attorney and/or have been disappointed when seeking justice through the courts. It can be used to head off potential litigation, settling of the case prior to it’s being brought into court, or sometimes, for a case that is already in the
court. It is a process of re-presentation of commercial documents that were previously presented and ignored, in order to gain response and satisfaction of your claim/inquiry.
[You should always try and get satisfaction with the credit bureau dispute method first. This is only for those stubborn cases that won’t go away or if you are already in court.]
The COD is a 3-step process which is performed by a notary after you have made a good faith effort to settle the matter with your opponent. You then bring the matter to the notary and request s/he re-present your documents to your opponent as a third party witness to their dishonor. The notary invites them to respond to him/her within a specific
time frame, offering a follow-up Notice if there is no response. If no answer is forthcoming, then a Certificate of Dishonor / Non-Performance is issued.
If the Respondent fails to reply to your Presentment, or replies but does not answer your questions or provide the proof you requested or, if you request performance (like returning your property) and they do not answer or refuse for no good reason (both are ‘dishonors’), you can then bring the issue to a notary who is familiar with the COD method. The notary will re-submit your offer and/or ask the adversary why s/he is
dishonoring your offer (the affidavit, contract, or whatever). Generally, the notary will contact the Respondent twice, each time giving them a specified time frame in which to answer. If no response is received, then the notary will issue a Certificate of Dishonor, the original of which is sent to you, along with copies of all of the documents in the process, and can be brought before a judge for a Declaratory Judgment or used as the
basis for a lien.
[All notaries are empowered to do a COD procedure to a foreign jurisdiction. You’ll just have a hard time finding one who is familiar with it or is willing to learn. Your signature on the Presentment to the bank/debt collector begins the COD process, however, will be
acknowledged by a notary in your own locale.
Pricing: The cost of the 3-step Certificate of Dishonor (COD) Debt Process also includes up to 200 pages of documents, photocopies, prep work, and keeping records and backup copies.]
Concept Eight: Due Process
This explains how when Due Process/Proper Notice is given in your proceeding (paperwork process), that you are giving them all Equal Protection and the right to default, acquiesce or contest:
“…due process requires, at a minimum, that an individual be given a meaningful opportunity to be heard prior to being subjected by force of law to a significant deprivation. After noting that “[t]he formality and procedural requisites for the hearing can vary, depending upon the importance of the interests involved and the nature of the subsequent proceedings,” the Boddie court continued: “That the bearing required by due process is subject to waiver, and is not fixed in form does not affect its root requirement that an individual be given an opportunity for a hearing before he is deprived of any significant property interest….” (Original italics; 401 U.S. at pp. 378-379 [28 L.Ed.2d at p. 119].) Again the court cited Sniadach as authority for the latter, general proposition.
(See also Bell v. Burson (1971) 402 U.S. 535, 539-543 [29 L.Ed.2d 90, 94-97, 91 S.Ct. 1586].)
“In the latter case, we said that the right to be heard “has little reality or worth unless one is informed that the matter is pending and can choose for himself whether Page 395 U. S. 340 to appear or default, acquiesce or contest.” [Sniadach v. Family Finance Corp]
Concept Nine: Enforcing Claims
U.C.C. – ARTICLE 3 – NEGOTIABLE INSTRUMENTS
PART 6. DISCHARGE AND PAYMENT
(a) If tender of payment of an obligation to pay an instrument is made to
a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.
(b) If tender of payment of an obligation to pay an instrument is made to
a person entitled to enforce the instrument and the tender is refused, there
is discharge, to the extent of the amount of the tender, of the obligation of
an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.
The application of all of the above concepts, procedures, and remedies in combination are used in the lawful execution and acceptance of a new contract, between the Debt Collector / Original Creditor, and the Client, in which an agreed upon balance due is $0.00. There is nothing that they can do to get this money from you, and your collateral (house, car, etc) is protected under law.
A Private Administrative process can be described to a layperson, as an “outside of court” procedure done through third party witness (Notary Default Procedure), giving the other party Due Process of Law, and they are Consenting to Our New Contract via their tacit acquiescence.
The outside of court is in “quotes” because technically this is in court, but it is in our own court or the Notary’s court. A true sovereign has his own court and doesn’t need to give the decision-making / judging power to a court of the United States.
Again, this process can be used to head off potential litigation, settling of the case prior to it’s being brought into court, or sometimes, for a case that is already in the court. If you are already in a Public/U.S. court, then we can arrange your process so that the case gets thrown out of the U.S. court.
This process is not exclusive to debt invalidation, but can be used for almost anything. It is a process of formally re-presentation documents, payments, or demand for proof of validation, in order to gain a response or non-response which will deem the matter (of an alleged debt) a formal satisfaction of claim/inquiry. The matter is formally settled, with witnesses (Notary/USPS post office), and the matter can not legally be brought up in court for litigation. Every time this has happened, the cases were dismissed or the bank’s attorney’s has lost – all without our clients having to go to court, pay any extra court fees, or hire any attorney.
The debt collector can argue or state that there is a debt due, but unless they are able to validate their claim, and put their commercial oath or affirmation behind their statement – their claim is just a “statement”. But statements are not facts in law. The only thing that makes these statements have any validity is the consumers lack of proper response or
rebuttal to these statements. So, to stand on your claim you are required to respond to any accusation that a debt still exists.
If the debt collector is truly holding a debt or obligation to the other party, they have a legal duty to respond and either accept, rebut, or refute our Affirmations. An affirmation under oath will always be stronger than a mere “statement”, especially when this statement is not backed up with sworn facts.
The debt collectors are merely doing their job, massively processing paperwork, statements, and cases, and most people will respond (or not respond) like ignorant sheep, with very little knowledge of the law or how to constitute a solid written record of correspondences that validates and proves our claim – that there is no debt and that this is not even an argument because the collector did agree (through their non -esponse/non-performance) of our new terms of the contract.
Forms packs for debt elimination are available for a suggested donation of $150.00. For two hours of coaching to get the forms filled out properly is another $150.00
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