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Coupon & Administrative process - Repossession- any help?

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Dan

Alright, we purchased a tractor via loan.  The coupon and first letter of the administrative process was mailed registered mail to the chief executive officer along with a recission of signature for language fraud on their contract (allowed by the supreme court for "mistake"). 


Today I received a rather nasty phone call from a third-party repossession company who did not listen to reason, nor did I talk details with a third party who I don't have a contract with.  They said they are coming with the sheriff to take the property back.

My second notice letter is still in the mail to them, though not received.  I have not received any communications otherwise.

I could explain the situation to the sheriff in advance and let him know they have no valid contract and my administrative process must complete before I can schedule a court hearing. I was thinking of small claims hearing to collect the fine from fraudulent language and judicial opinion on the payment in full.  After all what is a payment?

I would appreciate any suggestions anyone might have on how to handle this.

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Doug
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OH MY, that third party interloper is in a heap of trouble if he shows up and does what he says he's gonna do. They will totally violate your rights and I see major trouble on there end. FDCPA will head them off real quick. If you know the sheriff, tell him or warn him of what is happening. They're not taking anything if you know how to exercise your rights and I'm sure you do. Given em hell Dan and let us know how this works out so we all can learn from your experience, GOOD LUCK!!

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Doug
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you have the citation of that supreme court citation pertaining to the language? Would love to use it in my case. THANKS

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Hi Dan.

Fair Debt Collection Practices Act (FDCPA)


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Beorn Halig
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Can they repossess the tractor without a judgment and court order?  I don't think the sheriff will act unless ordered to do so by the court, so there's that.  A repo man is trespassing if he tries to snatch the tractor without your permission or a sheriff's deputy with a court order.  Make sure your property is clearly marked and posted.  Put up a gate and a warning sign not to enter without your express permission.  Load your shotgun, arrest any repo interlopers and turn them over to the sheriff.  Otherwise, if you can make it into the courtroom, you could settle with the company by presenting their shyster with full payment via 1099-A, already prepared and made out to the company.  If they turn down right in front of the "judge", you're no longer liable for the debt.   After all, that is another attempt to "pay" a debt, right?

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Lance Scalfari
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From my comprehension, directly from CH's recitings.. that's absolutely correct.
If an offer of payment on a debt is declined.. that debt Is No Longer Valid...
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The act of ..
'Refusal To Accept Payment On A Debt.. Renders that Debt Unsubstantiated / Abolished.