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TOPIC: Experience

Experience 8 years 9 months ago #1

  • Marco
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Personally, I do have experience creating commercial liens. I created one on the Chief Justice of the District Court for the STATE OF COLORADO and others. I would be happy to entertain comments and questions on that subject here.
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Experience 8 years 9 months ago #2

  • sphanlon
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This always sounded interesting to me. This does require you to be a somehow injured party by a public official, right? Just wondering what qualifies and what the standards are. What do you have to be victimized of and is it any level of government official?
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Experience 8 years 8 months ago #3

  • Marco
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Yes of course. The process works under the rules of presentment, by way of affidavit. You create an affidavit of fact, as though you were the person who created the damage. 'I so and so, judge for the ___ court abc, hereby swear to the following acts and damages, 1,2,3,4. You serve him by certified mail, or other legal means of service and he has a choice: Sign the affidavit, rebut the affidavit point for point with an affidavit of his own, or he can just ignore the 'presentment'. They always ignore the presentment, which in law, is consent by their silence. The law requires that you speak in your own defense when you have the opportunity otherwise you 'waive' your right to defense and the accusations stand as prima facie evidence of the facts. You execute a couple of notices of default and give him additional grace to reply, showing your good faith. When he doesn't, he has established the facts of the matter in your favor. You can put an 'accommodation signature' on the document as per the U.C.C., and then create a U.C.C.-1 filing statement (notice of lien) and file it in the county recorders office. That's the quick 'elevator' version. Study it in detail before doing anything! There are risks involved and you need to be prepared.
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Experience 7 years 3 months ago #4

  • Will
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@Marco,
I have completed the steps that you have mentioned using an international law notice and claim. I used a notary to record all of the communications and notarize the certificate of non-compliance. With this process now completed some 12+ months now I would like to see about monetizing it. Perhaps you and I could talk offline about the details if you have the time.
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Moving to Collection 7 years 3 months ago #5

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It's Just Every Day Business

You know, you hear about all these people who have perfected liens, but nobody is collecting.
And as I reflect on my life experience I can see exactly why. There are 2 reasons the way I see it;

#1... They don't have a 'court judgment' to make it enforceable in the courts. OK, you can say what you like about that pro and con, but in the end the question is... 'Why hasn't anybody gone to a Federal District Court to rubber stamp the correct process which was done in commerce and solve that problem?" Rocky tried it and he didn't do it right due to lack of understanding of how the court works. Simple stuff. Nothing fancy or dangerous! His case wasn't rejected because 'they don't like liens or patriots!'. He was rejected because his lien was faulty for simple reasons and he didn't tell the court what he wanted them to do. The court cannot act on it's own volition. It must be 'moved' by one of the parties. So this remains a very viable avenue.

#2... now, the above notwithstanding, forget about that and let's talk 'Business Receivables'.
Companies sell receivables for cash flow just like they buy paper clips for the office. It's done all the time and is standard operating procedure.

What does a 'Receivables buyer' look for in a receivable he wants to buy?
- a good, credit worthy debtor.
- A clear, legitimate 'Invoice'
- A sound underlying contract to support the invoice.

Now in the case of a commercial lien, this is the underlying contract, isn't it? To have a contract we must have: offer, acceptance, lawful consideration.
You offered the affidavit of obligation, they accepted it by tacit approval, and the lawful consideration paid were the damages you suffered and sacrificed. The debt exists in law and in fact.

So now that you have the underlying contract, why don't you create a clear and verifiable Bill / True Bill as a negotiable instrument to represent the debt and follow it with an invoice and send it to the debtor for collection? Of course they'll ignore it, right? Same story. But now the debt is on record with a Bill and a clear invoice that names the debtor, the creditor, the amount due and you have created the bona fide commercial documents which represent the ordinary course of business which could then be sold in the open marketplace.

The final negotiation will incorporate considerations of what the 'buyer' might actually expect to collect, how much it will cost him to collect and what kind of profit he seeks to settle on the final agreed upon purchase price. Operating 'extra-judicially' in the open markets precludes any need to involve the courts, but then again, the courts could be your friend if handled properly. So, these are some variables to work with and frame the considerations one might take.

If you were really intent on doing your homework, you might hire a private investigator to do asset searches on the debtors and file a Lis Pendens against the debtor(s) and list specific assets, properties, vehicles, bonds, credit, retirement accounts, personal effects and belongings and include these lists either in the Lis Pendens and/or as a collateral list in support of the obligation.

With assets now backing the debt obligation, you now have a bona fide security.

Now, on bringing securities to market, why not find a securities broker to list it where it'll be picked up by all the financial houses in the market.

Some food for thought*

* These concepts will require some research and refinement as I'm just speaking off the top of my head.

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Last Edit: 7 years 3 months ago by Admin.
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True Bill and Invoice 7 years 3 months ago #6

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Thanks for that overview. The contents make sense to me.

Either direction would be fine for monetizing, the former approach being optimum for punitive purposes and making a show of the opponent. The latter seeming to be the lower profit, lower conflict approach.

Either way, it would seem that creating the true bill and generating an invoice for that is the next step. Might one have some samples to point me to? As in Rocky's case, I don't want to mis-step.
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