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This might help get you exempt from paying a debt,....


NoMoneyNoHoney
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nah, I'm not warped , i'm just a man who doesn't take ****. You should educated yourself , before your lack of it educates you. To judge me before you check and verified what I am saying is truthful or not , shows your real lack of intelligences, and to judge me like you did, shows and tells all of us that you think your better than God. At least he waits till were dead before he judges us. Shame on you.

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Sometimes my sense of humor doesn not translate well in typed messages, I really didn't mean to ruffle your feathers. I did not mean to be judgemental, I was trying to bring attention to your comments about morality in a offbeat way. I agree, we should all be educated, that is your best weapon. True True. What I disagree with is your analogy between choosing the moral high road when your kids are starving or a loved one dying vs. choosing the high road when you are settling a debt. And I get offended at the way you condescend to alot of our posting friends.

You have never, well before your last post anyway, said anything derragotory about me, so I should not have called you a name. In fact, you have been more than courteous in your responses to my posts.

Please go back and read the post that made you angry, only picture Jeff Spicolli saying it in Fast Times at Ridgemont High, empahsis on "Duuude". It wasn't meant to offend.

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Hey Mrsmo, its all good , you see I come off as very cocky to some, where in reality it is not cockiness, its all confidence. But its confidence in a good way. I like helping those who lack confidence and those who have good hearts and legitamately try to help me or others. But I sometimes am abit defenses because I sometimes get humor mixed up with a blatant attack against me. The funny thing though is it usually happens the other way around, were my humor gets taken the wrong way. I am big enough to accept any apologies , and I am bigger enough to relay an apology. So please accept my apology, sometimes, I need to know how and with who i chose to do battle with, and it is definately not with you or others in this forum. It is with these dam Co and Ca. Please try and remember that my ideas or insights are very different from many here and I sometimes I come across from a very different direction than the norm. This is because I was trained to see the world and whats in it differently. I know the old school of thought and ideas. It is the new school that I am trying to incorporate in to this matter. If you can please keep an open mind about what I say, cause it work or it could be a valuable idea or method. Don't shy away from it or put it down because it sounds to risky or sounds impossible.. Remember , when they thought that the world was flat. Remember when they said you cant put a man on the moon. Now I know my examples are extremes, but I just want you to get the idea. I remember what I was always taught in my schooling. EVERYTHING YOU KNOW IS JUST THE BEGINNING.

You and me , we all good and I'm a better person just for knowing you. Aloha.

Pale Rider, there is something about the Unsolicited checks. My idea , wasn't to necessarily get out of paying the check I cashed, it was more so to use this law as a bluff so to speak against a CA or OC who might not be so educated about this law. I basically wanted them to know that if they sue me , I would sue them for breaking this law. Its like I want them to know that I am no dummy and if you dont settle and make this easy for us both, then get ready for a fight. I want them to analysze if this is something or somebody who is worth going through all this problems. I want to put alittle pressure on them , hopefully they are not educated on the law and what I could possible do. I want them to feel like they make us feel that they could lose something. In my eyes, even if this is just a bluff, they dont know it , so now they are going to have to re-evaluate there position on me , and that what I want. To be feared somehow, and this I feel will give me some edge in negotiation and that is all that I'm looking for. It is a strategy , a strategy probably unproven, but a strategy that could work and a strategy , that will at least cause them to sit up and think about. hey desprarate times call for desparate measures , so this might work. What do you think about it.

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http://www.plea.org/freepubs/cs/cw/cwpg7.htm

A similar rule applies to unsolicited credit cards. A sender of unsolicited credit cards has no cause of action against you for damage, loss or misuse of the card, until you use it, or acknowledge in writing an intention to accept the card. Unsolicited credit cards that are not wanted should be destroyed immediately. Using the credit card is considered acceptance of it, and you will be responsible for any debts incurred. To avoid any problems, it is best to destroy an unsolicited credit card by cutting it in half.

I haven't been able to find the actual law concerning this. My opinion is this: The acceptance offer on the check created a contract when you signed and cashed it. You would be responsible for the debt. Your argument that they were in violation would not remove or do away with your responsibility to the debt.

Their violation would be a seperate action, and you may or may not be able to recover damages. If you can locate the actual statute, and it contains a section that allows the consumer to recover statutory or actual damages, then you would have grounds to sue. If this is the case, your plan to bluff them may work. But, if you don't have the statutes to back you up, your plan may backfire and they may sue you and get a judgment for the full amount plus attorney fees.

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Thanks Pale for the info. if I do use this illegal unsolicited check claim, it would be used as a tool to try and settle with the Creditor. I am hoping for two things, none of which I am sure of working. But the way I see it , is that if I am responsible for the debt and they got me on that, then I have nothing to lose in, but my hope is to make them think that they might. 1. promoting myself to the creditor, whether or not right, as someone who is not going to give up so easy, and someone who is somewhat knowledgeable with their rights and the law. I hope this will cause them to re-evalutate their strategy in dealing with me. If I can make them feel that I am looking for every violation that they committed , they might be more inclined to take my settlement so as not be faced with a possible lawsuit against them, fines , or rulings against them. Eventhough the law may be on their side, I can rest somewhat assured that they do not know the extent of the law, and will need to seek the advice of their legal team. By having to do this, I am putting them on the defensive and I hope by doing this, they will settle and focus on easier prey.

2. By stating the fact that I feel this check was a violation of my rights, of not to be subjected to misleading , predatory, or unfair practices by financial institutions who offer financial gains through very questionable methods, I may get them to feel that they just got caught setting me up. I will also state that I was a victim of entrapment by these companies who took advantage of personal information , like seeing that I was just denied or that a credit check was done on me, indicating that I needed money. Knowing that I had just recently been rejected for a loan, these companies used this information to play upon my misfortune and desparation to send me a check that would capitalize on my situation. Its , sort of like how lawyers use illegal entrapment by police officers to get their clients off. Here , just like the creditor, set everything up knowing that this person could not resist or would not turn down. It is entrapment, because everything was put out for this person , where as he wouldn't have sought out himself. By sending me the check , all ready to cash, instead of sending me information and contract of the terms, and allowing me to legitamitely be able to turn down, I was taken advantage of. I am hoping that they will see that if others saw and heard the type of business practices they use , it will cause them to settle with me , to avoid possible bad reputation bestowed on them.

Lastly, with this bluffing of the legality of this unsolicited check, if I were to be shut down completely , because they may know the law or have already been challenged by it and won. I will then go on to dispute it based on no contract of terms or my agreement being present or given to me. There was only a check , which cashed shows acceptance of the debt. So can they prove that I signed the check , do they have it to show acceptance of the debt. If the check is what shows and binds me to the contract, wouldn't they have to produce this check as validation or verification of an acceptance. Since no contract was signed , the check seems to be the only document with my signature on it. What do you think the odds are that they do not have this check in their file. I am thinking pretty good chance that the check with my signature can not be verified or produced. I could be wrong, but hey, I will do everything to make them realize that fighting this or me is not worth the rewards. I want them to see that I'm not worth it for them to go after , cause I present to much trouble for them, even if they would win all my arguments. Do businesses like to be tied up in court , with a chance of losing. No. And that is what I am wishing for. That I will be a pain in their side , that they will be glad to get rid of.

I don't know if any of this makes sense or will work , but I figure, I got more time then money so what the hell.

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Just to give you the info., this check was from Beneficial. They sent me one check, and within a year, and struggling to pay the first check, they sent me another one for twice the amount. Being in debt and at x-mas time I thought at that time it was a blessing and that it would help me to pay my other obligations. Wow , that was 4 years ago , and look at me now , I'm trying to settle the debt with them.

Sis, thanks for the info, on the Unsolicited checks. I appreciate your continued assistance. So if you don't mind me asking, in your opinion , what basically does it say. As far as my rights and this situation.

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I think offers are legit, have used one such check from Beneficial myself, see them all the time also from Citi Financial & American General.

Beneficial is the worse of all the personal finance companies because you are paying literally 3 x's what you borrowed. When I made the initial mistake on the first check then worked the numbers I was pretty mad about it, I paid this company off early to kill their profit!

It is best to stay away from Personal Finance Companies period! They only bleed you, and are considered bad on your credit report. You find a way to business with a Bank or Credit Union - even if you have to have a secured loan to accomplish it.

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Everyone please click on this site that SISFLOMi provided and then give your opinion of what is said in : Under Bill Summary

* Clarification of Consumer Liability

http://www.house.gov/banking democrats/hr 1058 107.htm

please go to her post , located 2 above this one for link to site and info.

I could be wrong, but does it say that the consumers of these checks may not be held liable for the debt because they were illegal Unsolicited Checks.

What do you think , that it is saying. Please, no assumptions just your opinion on what you clearly read. Thanks

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