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Choosing Evil – Are Elections the Great American
Illusion?
Inverted Totalitarianism US Politics &
Government
Brave New World 2008- Loving Your Servitude
Federal judge tells trust to show clear mortgage
documentation in foreclosures
Errors in loan documents can save strapped
homeowners
Woman Tried to Prevent the Financial Mess Silenced
by Greenspan, Rubin, Summers
Politicians, lobbyists shielded financiers - Lack of
liability laws fueled firms' avarice - 1
Mortgage system crumbled while regulators jousted -
2
Bailout in the Public Interest Should Not Reward
Profiteers
Pork and Toy Arrows: the Bailout Bill of 2008
Bailout by Stealth
Naked Short Selling and Phantom Stock by
Criminals in the Financial Markets
Money and Votes in
Last Debate Over Bank Deregulation
Panic Consolidate Game Over but Not for Gold and
Silver
The Inevitable End of the Central Banking and
Political Money Regime
Fraud in Global Economy: The Law of Supply and
Demand Is Dead for Gold and Silver
Hedge Funds, Naked Short Selling, Phantom Stocks
and Stock Market Collapse-
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The Coming Collapse of the Modern Banking
System: Staring Into the Abyss
Economic Collapse of 2008 An Inside Job
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Fraud in Global Economy: The Law of Supply and Demand Is Dead for Silver and Gold
Behind the Stock Market Illusion is Government
Collusion
The Slide, the slide, the long coming sliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiide
The Condition of the
Dollar
I Want The Earth Plus 5%
-- an allegory that's not a fairy tale.
Collapse of the Dollar:
How America Was Set Up to Take a Fall
Confronting the Illegal Money System
The Federal Reserve Dollar is Private Money
Derived from Private Credit
Billions for Bankers - Debts for the People
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Real Story of Money is Global Control
War and Emergency Power Act Portal to
Dictatorship
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Shatter the Illusions - Patriots Must Reject the
Two-Party System
TechnoFascism Is Totalitarianism
Hidden in the Form of Democracy
CPS Corruption and Human Trafficking Exposed in
San Luis Obispo County - A Mother's Story
CPS Corruption and Human Trafficking Exposed
in San Luis Obispo
Bush Crime Family Dictatorship
The Firebombing of Dresden
Promoting Pentagon Propaganda
Fortress Iran: Cutting through the War
Propaganda
History as a Tool of Propaganda
False Flag Anti-Semitism
Zionist Nationalist Myth of Enforced Exile -
Israel Deliberately Forgets Its History - Schlomo Sand
Deconstructing the Walls of Jericho: Who Are the
Jews?
The Wandering Who?
by Gilad Atzmon
Freemason Designs in
Israeli Supreme Court Building
Origin of Holocaust Propaganda
The Origin of the Legend of the
Six Million
Establish a Family Foundation
to obtain the tax savings, transfer tax liability, create a lucrative
retirement income, and establish a legacy
...
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Statute of
Limitations
for Debts, Judgments & Taxes
The statute of limitations (SOL) is a powerful tool
for consumers'. The Statute of Limitations can thwart off lawsuits and
collectors. If a debt is legally expired, you can escape being sued or
having to pay an old debt. Likewise, it can be detrimental because many
debtors
unwillingly renew the SOL by making a partial
payment or a written promise to pay which can extend the statute.
The statute of limitations is a civil code. Each state has its own statute,
For instance, the code section in Cal. Code of
Civil Procedure § 337.
The legal meaning for statute of limitations is: THE TIME OF COMMENCING
ACTIONS-Time allowed that litigation-lawsuit can be brought.
(See
complete legal meaning of Statute of Limitations)
After that time, it has expired. Statute is a
law. Passed by legislation and varies by state. The original statute of
limitations begins at the onset of the contract signing (see more below for
time barred debts). Statute of limitations vary from state to state but it
is usually 4-6 years depending on the state. The term statute of limitations
means the time allotted to legally enforce the debt. If a statute expires
and someone sues you, It is up to you to bring the expired SOL defense to
the other parties attention.
If you say nothing or do not bring up the
expired statute then the judgment can be entered.
Don't assume it means the other party is barred from attempting to collect.
It simply means that your defense is the expired SOL not to enforce the
lawsuit. If your statute of limitations has expired that means that the debt
cannot be enforced by lawsuit, that does not dismiss the debt and the
creditor can still leave it on your credit for 7 years (excluding some
public records, those can remain for 10 years) but legally you do not have
to pay it if the statute has expired.
Federal Taxes
Tax liens remain on your credit reports for
7 years from date satisfied not filed.
If
they remain unpaid they can stay longer, however they are only collectable
for 6 to 10 years with some provisions. Keep in mind that the tolling of
the time (SOL) can be extended by
offer in compromises and payments.
What about State Taxes
Federal taxes do expire but many states have no SOL for state owed taxes. To
know for sure, you need to read your state's codes. Go to your Attorney
General page for your state. From there locate your state laws and check.
Usually it is under Taxation and Finance Code. Or visit the
State Taxation Site.
State Tax forms
and remember if you read the code and cannot find an actual SOL for
collecting the tax then the absence of such usually means there is NO SOL.
You simply must read your own state law to see what the rule is for taxes.
Some report (most) from date paid while others report from date opened or
filed.
Are there separate SOL's for debts & credit
reporting?
Many people confuse the statute of limitations to collect a debt with the
time a debt is allowed to remain on your credit reports. The two are
separate. Credit bureaus are allowed a certain time frame to report debts.
Another big fear is that paying it will extend the time it is allowed to be
reported on your credit. Debts are reported from FIRST delinquency or
written off date, not by last activity or last payment. Exclusions would be
tax liens, they remain from date paid for 7 years and can remain
indefinitely if unpaid. Paying a debt will not restart the clock for
reporting it but you could restart the clock for collecting it, so if you
pay it,
either pay it in full or restrictively,
as to have no worries.
A promise to pay or partial
payment can renew the statute in many states (you need to read
your own state's rule to know for sure) many people think that only a
renewed promise to pay does this. That is not the case. Either or can renew
the statute.
Signed Under Seal can extend SOL
A "signed under seal" provision is where some
creditors will add it to the contract for further protection. It depends on
the contract but generally adding a "signed under seal" will enforce a
longer SOL. The seal must be obvious, usually next to the terms on the front
page. One also must consider state laws because some may enforce it while
others do not. The best thing to do is read the Civil Procedure Code for
your state and see if there is a mention of it. Not many creditors use a
signed under seal but some do. Courts have long recognized that the presence
of the word "SEAL" next to and on the same line as the signature of an
individual debtor on a promissory note is legally sufficient. Credit Unions
often use seals as added protection in case of default, bankruptcy or
expired SOL.
In every state where there is the right to
file suit on a debtor there is also a time within that suit may be filed.
This is a powerful tool if you are aware of it. Just remember a partial
payment, promise to pay or regular payment on the debt can remove the
limitation and the period can be renewed but again, keep in mind that it
depends on state law.
Some states don't allow it to renew from
payment while others allow the "tolling of time" to start again. Of course
,we cannot list every state rule here, there are too many- so unfortunately
you will have to look at your state rule and probably the state rule for
where the debt was incurred. I know this can get tricky but since the debt
collector may be able to choose the state with longer SOL then possibly they
too can choose the one with the extended SOL.
Here is an excellent case
study
of a
collection agency vs. debtor. The debtor is using the SOL defense. There is
also a very common question about statutes of limitations and which state
does the debtor follow.
What state should I use in figuring out the
Statute of Limitations?
The state statute can be either where the debtor lives or where the contract
was entered into. The creditor does have the right to choose the state with
the longer statute but the creditors or collectors location is moot. This is
covered in Section 811 of the FDCPA and in
Consumer Credit Protection Sec. 1692i.
Here is the rule:
CONSUMER CREDIT PROTECTION Sec. 1692i.
--2) in
the case of an action not described in paragraph (1), bring such action only
in the judicial district or similar legal entity -
(A) in which such consumer signed the contract
sued upon; or
(B) in which such consumer resides at the
commencement of the action
NOTE: Actions involving Real Property securing
your obligation --the venue is different. The rule is: Any debt collector
who brings any legal action on a debt against any consumer shall -
(1) in the case of an action to enforce an
interest in real property securing the consumer's obligation, bring such
action only in a judicial district or similar legal entity in which such
real property is located.
What to do if the debt is not expired & you
owe it
You may be "Judgment proof" for a time if you are unemployed, on disability,
retired, have no money or assets or similar. If a creditor or collection
agency attempts to sue you and you are "Judgment proof" then you need to
respond to the judgment and state so. Not doing so or ignoring the lawsuit
may land a judgment on your credit reports. Try getting that off! If you do
begin to work again, up to 25% of your pay could be garnished. You should
never ignore a judgment. Even if you are sued you can often negotiate a
reduced payoff to avoid the judgment being entered. This will show as a
"settled debt" on your credit reports rather than a nasty judgment.
You also need to consider the following before
you decide to pay.
--Is the debt valid? Remember, you have a right to have the debt validated.
--Was the product/service defective?
--Are the collection fees and interest rates higher than the state allows?
See your state collection laws for info.
--Has the collection agency violated any of your rights under the
Fair Debt Collection Practices Act?
The SOL is very important when you have past
due debts or charged off debts that you cannot or do not want to pay back.
When a debt is created, there is an original SOL The date of the contract
signing. If you default on a new debt - meaning you never even made one
payment then the SOL would be the date the contract was signed by you. If
you default on a debt that has had payment(s) then the SOL would be from the
date of last payment. Why does this matter to you? Because many- in fact
millions of dollars in debt nationwide have an expired SOL but consumers
rarely know this. If you pay back the debt after the SOL has expired then
you have just renewed it therefore making it collectable for another number
of years.
Additionally there is also an SOL for how long
the debt can be reported on your credit. That statute is covered in the Fair
Credit Reporting Act. The key to better credit is to acknowledge that a
charged off or seriously past due debt will NEVER go current again. It will
either be reported as a "paid charge off" or "paid collection account" and
neither are good for you. Using an expired SOL as leverage to negotiate a
better credit rating can really improve your credit reports. By offering the
creditor or agency a
restrictive offer
or telling them to
cease and desist
because a debt is
legally expired- you can definitely have the upper hand. Let's face it, if
you have to pay a derogatory debt shouldn't you try to get the best deal
possible? Of course. Don't count on the collection agency or creditor
telling you this either!
What about BK dismissed debts?
If a debtor files bankruptcy the tolling of
time stops. If the bankruptcy is subsequently dismissed then the tolling of
time begins where it left off. It does not begin from the date of dismissal.
Read the end of this story
for full
details on the landmark opinion that answers this very important question.
Remember, SOL's can be amended and change over time so to be sure your SOL
below is correct, check out collection laws for your state.
What category does my debt fall under?
Many times you cannot figure out if your debt is a contract, open end or
revolving. Below we address this issue.
--Oral Contract: You've agreed to pay
money back via a verbal agreement. This can include your word, his word and
a witness. These are harder to prove but are recognized as "oral contract".
--Written Contract: You have signed a
contract or document promising to repay a loan or debt. Example is medical
bills, cell phone bill, closed end signature loan or some secured loans like
auto.
--Promissory Note: It is like a
contract loan except it contains more information about payback. Such
information can be interest, principal, late fees etc. A home loan or HELOC
can be a promissory note.
--Open Ended Accounts: Just what it
says, "open end" ie: a credit card debt or revolving line of credit.
Is a check considered a written
contract, what is the SOL for checks?
A check is not considered a "contract" although some may argue that it is
(because it's a signed promise to "pay"). A contract requires consideration
by both parties (an offer and acceptance) and consists of nothing more than
an (enforceable) promise to pay by one party but no contract was drawn up by
the other party. What it is, is a negotiable instrument and therefore
subject to governing UCC (uniform commercial code) if there is one for the
state in question. UCC is where you usually find the time limitations on
checks. Many states have their
own specific (SOL) statute of limitations dealing with checks. Those would
trump any general statute of limitations and even the UCC limitations.
The UCC is not a
federal statute but rather a system set up to structure commercial
transactions. Since it isn't a federal rule there would be no supremacy
clause (as in who rules state or federal) but rather the state could choose
to adopt it or not. Most states have adopted it.
According to FindLaw, a more specific statute rules over
(trumps) a more general statute. Therefore if a certain state has a more
specific statute it will often trump (rule over) the UCC entirely. Bottom
line: read the UCC but read the state rule as well and see which one
applies--, is more specific or offers more protection. You will usually find
the SOL for collecting the check in the state code.
Learn what your rights are or you, in effect, don't have
rights.
***********************************
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helping people with debt resolution, tax freedom, and credit repair for over
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Bad Debt Expense and Allowance for Bad Debt
Bailout for the People! A Bailout for You!
Bankruptcy Questions and Answers
Citizens Economic Stimulus Plan - Stop Paying Credit Card
Debt!
Dealing with Debt Collection
Debt Elimination Cease and Desist Communications Letter
Debt Elimination Identity Redemption Information Pack
Debt Elimination: Title 31 U.S.C. 9304-9308
Debtors Rights in Dealing with Debt Collectors
Discharge Almost Any Debt with Proper Use of the UCC
Eliminate Credit Card Debt by Novation
Free Credit Repair Consultation
How I Clobbered Every Bureaucratic Cash Confiscatory
Agency Known to Man
Judgment against Bill Collector Violating FDCPA
National Arbitration Forum’s Wall of Secrecy Begins to
Crumble
Pretexting: Your Personal Information Revealed
Signature Without Liability
Statute of Limitations for Debts, Judgments and Taxes
Sui Juris: The Truth in the Record
Supremacy Clause Article. VI and Federal Preemption
Using Restrictive Endorsements to Settle Debts
Using the Fair Debt Collection Practices Act Against
Collectors
Vacating a Judgment in Debt Elimination
Wolpoff & Abramson Legal Defense
Your Right to Validation of Debts
REAL Freedom
Library
History of Banking Fraud:
The Coming Battle
By M. W. WALBERT
The Coming Battle
documents from Congressional records, newspaper reports and writings by
the founding fathers and others a chronology of events long forgotten that
shaped our fledgling nation from 1776 to 1899. Read about the manipulation
of our money and its supply, the intentional creation of recessions,
depressions and panics, manipulation of the stock markets, and the
demonetization of silver.
Secrets of the Federal Reserve
by Eustace Mullins
Eustace Mullins' carefully
researched and documented treatise picks up from Walbert's expose' of
control of the money supply and the economy and
brings it to the mid 1980's.
The
World Order
by Eustace Mullins
How control of the world's money has inexorably led to an ever tighter
grip on control of the world's people.
Brave New World
by Aldous Huxley
Huxley presents a dystopic view of a future
in which mind-control creates a harmonized society stratified into classes
suitably manipulated and deprived to carry out work tasks with a hive
mentality. A foreign element is inserted when a high ranking Alpha brings a
Native American from a Reservation and a new perspective on freedom gnaws at
the fabric of the propaganda matrix.
Propaganda
by Edward Bernays
Walter
Lippmann's book, Public Opinion, published in 1922, detailed the
study in which he and Edward Bernays were involved while in London during
the First World War. It had to do with painting pictures inside people's
heads, which were cunningly and deliberately designed by expert craftsmen to
mislead not only individuals but entire societies.
Pawns in the Game
by William Guy Carr
This is the classic expose' of the New World Order from a Commander in
the Canadian Navy through the first half of the 20th Century.
Commander Carr was introduced to the Hidden Hand early in his life and
pursuing its mysteries became a lifelong mission.
Social Credit
by CH Douglas
In every country of the world the global financial system has
repeatedly been brought to the Bar of
Public Opinion as the chief factor in world unrest, and there is little
doubt that the jury of We the People has confirmed the Verdict somewhat rhetorically
expressed by Mr. William Jennings Bryan in his famous election speech: "The
money power preys upon the nation in times of peace, and conspires against
it in times of adversity. It is more despotic than monarchy, more insolent
than autocracy, more selfish than bureaucracy. It denounces, as public
enemies, all who question its methods, or throw light upon its crimes. It
can only be overthrown by the awakened conscience of the nation."
Social Credit by C.H. Douglas can clarify the issues from which we can
move forward to create a financial system that is fair and equitable.
Final Warning: A History of the New World Order
by
by David
Allen Rivera
David Allen Rivera has assembled a very carefully written history that
can serve us well. To have been
ignored in the history books, by the colleges and
universities, the print and electronic media, and the entire
national and international discussion shows their power to control
the flow of information as much as they control the flow of money.
What they intend to do with this power and influence should be one
of the most vital topics of conversation.
Uranium Wars by Leuren Moret
How control of the world's people has inexorably led to wider use of
depopulation methods which include spreading radioactivity in food,
water, air, and the human genome.
Taking Back Your Power
by Allen Aslan Heart
WHAT CAN YOU DO? Stop playing THEIR game. Take back
your power. Stop paying taxes that are not legal or lawful. Stop paying
bills you don't really owe. Debt Elimination! Stop using THEIR money. There ARE ways if you
open your mind and look for the gaps in their fences that keep the sheeple
in their pasture. Are you chattel or a real person? You are the one who
makes that choice.
Our experienced
debt elimination service professionals have been
helping people with
debt elimination,
tax freedom, and
credit repair for over ten years. For
more information
click here.
Get rid of debt!
Debt Elimination is Real Freedom!
Get out of debt and get to know REAL Freedom.
You can't have something for
nothing,
you can't have your freedom for free.
You won't get wise with the sleep still in your eyes,
no matter what your dreams might be. - Rush
This
Debt Elimination
information is
for the purpose of education and broadening horizons ONLY.
See
Debt Elimination links
REAL Money Is Derived in Play and Business.
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Your Credit File Rights
For debt elimination to be successful you
must know your rights. Get out of debt! Eliminate debt
NOW!
Eliminate Credit Card Debt!
Zombie Debt:
Debt is Hard to Kill
There's a hot new growth
industry: companies that buy ancient bad debts for pennies and squeeze
you to pay. Here are debt elimination ideas how to get them off your
back. Eliminate debt! Get out of debt now!
Eliminate Credit Card Debt!
Sleazy
New Debt Collector Tactics
It may not be your debt,
but it could be your problem. Collection agencies are bullying
blameless consumers into paying debts they never owed. Eliminate debt
and be free. Get out of debt!
Eliminate Credit Card Debt!
Debt Elimination is the basis of Real
Freedom!
Debt Collection
Practices: When Hardball Tactics Go Too Far
Dealing with a debt
collector can be one of life's most stressful experiences. Harassing
calls, threats, and use of obscene language can drive you to the edge.
Debt elimination is the solution. Get out of debt!
Eliminate Credit Card Debt!
Debt Elimination is Real Freedom!
An Outcry Rises as
Debt Collectors Play Rough
The rise in American
consumer debt has been accompanied by a sharp increase in complaints
about aggressive and sometimes unscrupulous tactics by debt collection
agencies, a phenomenon that has government regulators increasingly
concerned. Debt elimination removes any advantage they claim. Get out
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Eliminate Credit Card Debt!
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Debt Collection Puts on
a Suit
As consumer loans hit an
all-time high, the industry gets more sophisticated. That means that
debt elimination skills must are even more important.
Eliminate Credit Card Debt!
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House of Cards: Why
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