Sei sulla pagina 1di 2

Debt Validation Instructions

The following Debt Validation, Administrative process is what one might do if


confronted with a debt collector attempting to foreclose on your property. As
usual, and with all examples that I offer, this information is not intended as legal
advice and is for entertainment and educational purposes only.
If you have questions or comments you may post them in the message board at
http!!commercialremedies.com or email them to
greg"commercialremedies.com.
(Debt Validation Notice)
#hen I receive a presentment from a debt collector as$ing for money, the first
thing I would do is demand a validation of the debt. %end the demand via &otary
as$ing for a response to be sent to you via the &otary within Thirty '()* days. If
time is short, you could give them less time, i.e., +,-) days with the option of
allowing respondents to request more time if needed to comply. Allow some
time for mailing, i.e., Three '(* days.
(Opportunity to Cure Fault and Perform)
If after the alloted time for response has expired, I would give respondents an
opportunity to cure their fault of non,response by sending them second notice.
This would also be sent via &otary with the response to be sent to you via the
&otary ma$ing the presentment. .ive them Three '(* to Ten '-)* days to cure
with time for mailing.
(Affidavit of Default and Certificate of Non-esponse)
/nce the respondents fail to cure 'not if but when*, I would move directly to
Default them 'my notice of their dishonor* and have the &otary certify the non,
response 'the notary0s notice of their dishonor*. 1oth can be done at the same
time and sent together.
%ome %TAT2% do not allow a &otary to issue protests, however, if you read
your %T3A#4A3T50% %TAT2 677 at or around 677 (,+)+ '2vidence of
Dishonor* you should find the language you need to empower the &otary to
perform and evidence a dishonor via certificate of non,response in lieu of a
protest. Again, this step should also be sent under &otary seal using the
examples provided. 8ave the &otary ma$e a few copies of the original 7/%
'7ert. of service* and send you bac$ the original's*. 7opies would go on top of
the documents served.
#ith this administrative process completed through 7ertificate of &on,
response, I would have the evidence needed to be used as exhibits behind an
9Affidavit of :acts9 and 9Affidavit of &egative Averment,9 both being in %upport of
an 9!" Parte #otion for Preliminary In$unction and Order to %&o' Cause
'&y a Permanent In$unction %&ould Not (e Imposed9 to %top a :oreclosure,
%heriffs %ale, 2viction, Tort 7laim, 7ivil %uit for Damages, and even a 7riminal
7omplaint.
8ave fun with this basic information and feel free to share and help others
with the quest for remedies in commerce.

Potrebbero piacerti anche