Sunday, February 10, 2008

A notice of lien or levy has no evidence of a claim. It is just a charge.

"The debt collector buys the account receivable in good faith without evidence of its accuracy. It is like a charging instrument. The attorney says pay up or we are coming after you. Under civil rules of procedure, rule 13, commerce is adversarial, so they are not required to tell you the whole truth. It is mandated that the defendant return a counterclaim with facts proving that the charge is untrue, which is an affirmative defense. A claim is an account that has matured for debt collection. You must show you are a creditor. The charge is a presumptive claim with no evidence.

A notice of lien or levy has no evidence of a claim. It is just a charge. A notice is a claim of jurisdiction. A counterclaim is not a dispute or argument. Disputes are not permitted. If the merchant had brought a claim, it would have be a fraud, because you already paid it. So they just give you a presumptive notice. It is an unsupported charge. There is probable cause with no evidence. You have to respond to it because it will become valid if you don’t. It is just a notice of interest. It can mature to a claim with your failure to respond. You have to accept it and return it with your notice of interest, which is a counterclaim, within 10 days, according to admiralty rules. Failure to do a specific negative averment of the facts alleged (rule 9) constitutes an acceptance of this fact as far as the courts are concerned. A notice of interest matures to agreement of the parties that they have a valid claim so they do not have to prove it.

An unsupported notice of interest becomes an agreed claim. They are not guilty of fraud, deceit or trickery. Your failure to respond is the problem. Our responsibility is to rebut the assumptions and presumptions under the rules of evidence."

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