Another Credit Card Trick maybe?

Discussion in 'Credit Talk' started by stanBbroke, Nov 23, 2009.

  1. cap1sucks

    cap1sucks Well-Known Member

    Well yes, but one thing to remember about the page(s) I just put up is that everybody has editing privileges. If I were to put something on one of those pages and anyone disagreed with me they can add their own comments to what I might have posted. To illustrate let me use an example such as let's say I put up a comment saying that Obummer is a very bad politician and Pres. and made a lot of accusations against him. Obummer happens to come across my page and he can add his explanations, comments or disagreements with what I said about him. Others who happen to like Obummer can also add their comments and say whatever they like. So it can become an ongoing conversation with almost no limitations.
     
  2. retnec

    retnec Member

    yes that is a fair way if....

    hwever i am talking about outright thieves and scammers...these people were smooth enough to coax the money out the people to begin with...if your open to posting links others have stated around the web about the various scams and scammers...i think that's a very fair method...


    and no matter who post what it's all heresay...anyway...

    i have even stated in the posts regarding this for people to do thier own research,, i just listed those few as ones i had encountered by dumd luck they didnt get my money...even though still very new to this...i am much wiser than when i first arrived
     
  3. cap1sucks

    cap1sucks Well-Known Member

    As I said before, anyone can post about any scam or dumb legal theory they wish. Everyone has full editing privileges on those two pages. For instance, I'm currently trying to learn more about one called notarial protest. I don't see how it is a scam at the moment because I haven't seen anyone asking for money as of yet but it sure is a dumb legal theory. The idea arises from an old, old law and which is still in existence today. It is based on UCC law. The history is that back in the 1800 era there was little justice in the old west except that delivered at gun point and hangman's noose. There were very few judges so it could take weeks for a circuit judge to come to town. For that reason back then a notary public had the power of an actual judge and could issue money judgments against debtors and perform other similar functions. One of the things they could do was issue a notice of dishonor if a check bounced at the local bank. I'm not sure at this point what good that did but I'll find out in time.

    Then as time rolled on more and more judges were appointed and justice of the peace courts were established throughout the U.S. Most of the tasks formerly addressed by notaries were placed under the jurisdiction of the JP courts. Then as things became more advanced states converted the JP courts into what are known as small claims courts today and the JP system was abolished in most states. but the notarial protest mechanism still exists today and still retains the same function it did back then. A check or other negotiable instrument is dishonored by the receiving institution and sent back to the originating bank so a notarial protest can be and is issued by the original bank and sent to the bank which dishonored the instrument in the first place. Apparently for some reason a notary has to issue the document. It is my understanding that all states have provisions for this process in their UCC laws.

    In the last few years some so called researchers have come up with the idea that they can send a notarized notice of dishonor to a debt collector or a creditor and thereby notice the creditor or CA that they have dishonored their claim and if the notice is ignored they no longer owe the debt. Supposedly the same general method can be used to discharge judgments.
    Others who subscribe to the theory seem to claim that they can beat a court case against them by claiming that a corporation cannot sue a man. See RUNDLE v. DELAWARE & RARITAN CANAL COMPANY. A Corporation cannot sue a man. This was supposedly a SCOTUS decision but the fact is that statement was issued by the dissenting opinion and was never a part of the majority opinion. Another similar theory is that a bank cannot sue in any state other than the one in which they are domiciled unless they are registered with the Secretary of the foreign State as a foreign corporation. Problem with that theory is that N.A. banks are not corporations and are in fact forbidden to be corporations under federal law. Their charters call them National Associations and under Title 12 are authorized to sue or be sued in any court of competent jurisdiction. It is also somehow claimed that banks can't sue individuals under the 14th Amendment to the Constitution. I've never been able to figure that one out either since both the 5th and the 14th carry exactly the same language which is aimed at different targets.

    For that reason due process claims of the right to remain silent fall on deaf judicial ears. The 5th protects the citizen from acts of the federal government while the 14th protects the citizen from acts of state governments. So tell the judge that the 5th Amendment to the Constitution protects you from self incrimination and you will get laughed out of local court every time. The judge knows better and knows you have no idea what you are talking about. Plead that same protection under the 14th and you might have a chance.

    As I said before, I've still got a lot to learn about how this notarial protest works or at least theoretically works before I will post about it but I'm working on it. When I understand the theory behind the idea better I'll put something up about it on my scams page. But just because something is a dumb idea don't necessarily mean it is a scam. Many people are working on theory but don't have it all down pat as of yet. Most such ideas are based on the fact that those doing the research don't understand how to read court decisions or laws so reach wrong conclusions. Most of those claiming to be researchers never seem to understand that all laws have what are known as a definitions section which explains the meaning of every word and how they apply to that particular law as well as to whom the law applies. As a result they grab on to some word or phrase or part of a decision and come up with ideas that are out of context, off the wall and out to lunch.

    The same thing happens regularly in religion. People read the Bible and come up with nutty ideas. One example is that found in the theory that Jesus said that before the cock crows three times you will deny me. Jesus wasn't talking about chickens but rather about the Roman guards who were stationed in towers and blew their horns every hour so that the people would know the time.

    Same thing happens when translations are made from one language to another. The Bible says you shall praise the Lord with cymbals, drums and horns. The horns refer to cows horns which were turned into musical instruments. The Spanish word for horn is bocina which also refers to loudspeakers. Some Hispanic congregations take that literally instead of in the Biblical sense and if you go to one of their services you had better take some heavy duty ear plugs with you. (LOL)
     
  4. tonyclem63

    tonyclem63 New Member

    OK Cap, I would love to know what you are referring to? I would love to do some research and educate myself some.

    Tony
     

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