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Vehicle Repod, Sold at Auction, CU want difference-Michigan


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Hello New here, Michigander with some Major Questions.  Repod Vehicle, given 21 days to pay back amount, couldnt do it, vehicle sold at auction, so being sued for the differance between what I paid on the loan before I lost my income, and the auction sale amount, to the total amount of loan. summuns forthcoming.

Many questions. Case is comming from lender i took loan out from to pay off the original loan from a different lender I got to originally purchase said used vehicle 20 months prior.

anyways, Vehicle was sold and they want me to pay the difference in the loan and sale, but once I pay it, the loan would be then paid in full, but I would get no Vehicle back as they already sold it at acution less than 60 days after it was repod.  Was repod on first hook attempt so immediatly after 3 month default of payments.

 

We have Fractionial Reserve Banking, so the True amount lent was actually only 10% of the total loan. If you understand Fractional Reserve Banking Practice, you understand this fact. I made payments for 8 or 9 months before the income dried up last year, which certainly covered the 10% value of the loan with the Fractional Reserve.

I was 4th Owner of vehicle, it was purchased new in one state in 2003, Traded in, in 05 and ReSold, Traded in, by 2nd owner from same state as orignal sale around 09, sold to 3rd owner in my statelate 09/ early 2010, I purchased Fall 2010 from my orignal lender, making me the 4th owner of said vehicle.  I paid off my original Lender with the 2nd lender and made some minor repairs to the vehicle, then lost the work, just the money flow....
Got Papers on it Sunday night though the server never verified WHO I was, I offered No Info other than I am SIgning Nothing and accepting no paperwork without Verification of who the Person standing on my porch was, and what this was about, to which he refused to answer.  I had to get my reading glasses to read the paperwork HE HELD as I never accepted the paperwork. when I went to close my screen door to get my reading glasses, this Servicing Agent tried to toss the paperword through the door, but it never came into the house and fell out the stoop, Outside on the porch. where it laid.  I got my glasses treid to "Read" it, and asked questions. Servicing Agent tried to explain it was from a lender about being summoned to court for failure to pay, to which I Answered, I have no Idea what it is about, I accept no paperwork, nor do I accept this position that I have to accept this paperwork because he through it and it landed outside on the ground where I left it from his trying to throw it into the house.

I told him he needs to take it back unless he can provide some proof this is a Factual Situation, to which he said "You dont want to leave this here for your neighbors to see with all your personal information on it do you?"  To which I replied, I dont care if it blow away in the wind, because for all legal purposes, it isnt my paperwork to worry about it is His as I never accepted it, took it, or handled it, He held it the entire time until he tried to throw it into the home.


Anyways, small summary of the front door discussion and the situation as it played out a 9pm sunday evening.

 

So my main questions are:
What is my first move?

Pertinant info I need to get on?

Suggestions otherwise?


Thank you for any help and Guidence you folks can provide...

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We have Fractionial Reserve Banking, so the True amount lent was actually only 10% of the total loan. If you understand Fractional Reserve Banking Practice, you understand this fact. I made payments for 8 or 9 months before the income dried up last year, which certainly covered the 10% value of the loan with the Fractional Reserve.

 

 

Well, I think you need to read up on Fractional Reserve Banking.  You should also read your states rules for proper service.  In California, as long as the process server mailed you a copy of the summons after leaving a copy with anyone over 18 at your address, you would have been properly served.

 

 

Good luck,

 

rt

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 but once I pay it, the loan would be then paid in full, but I would get no Vehicle back

 

Yeah, but not by you. The guy who bought the vehicle paid the rest. This fractional banking stuff is a joke, it's a myth. It's like telling them they didn't loan you the full amount of the vehicle value. Really? Then how did the seller get paid?

 

I have no Idea what it is about, I accept no paperwork, nor do I accept this position that I have to accept this paperwork because he through it and it landed outside on the ground where I left it from his trying to throw it into the house.

 

You were served. The fact that you tried to not be served is ridiculous. It doesn't matter where he through it.

 

What is my first move?

 

Answer the complaint or they'll get a judgment. They'll probably get one anyway, but have some fun with this. Make them work for it.

 

Pertinant info I need to get on?

 

Study the wage garnishment law and post judgment procedure in your state. Those debtor exams are lots of fun, you'll enjoy that one.

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Your not being helpful guys. :) I think he just wants to know if he has any recourse. Don't be mean. If he doesn't, then tell him he doesn't.  I was interested in this thread because my ex had a truck repoed where i was the co signer.  They didn't even try to go after him, they went straight to me.  They filed in court, they did not serve me and they got a default.  It happened in 2011, and I just now found out I have the default.  They haven't tried to collect yet, and I wasnt sure if I should try to get it vacated, or if I would just be alerting them to the fact they haven't tried to collect.  Interesting enough this case was filed in county court, for 10k, and there is no lawyer on record, the credit union did it their self.  I asked the clerk if that was legal, and she said you don't need a lawyer for cases under 15k.  Small claims limit is 7.5k.  Wish you had some useful info for this guy.

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I didn't intend to come off as being mean, just finding humor in the OP's obvious lack of a legal defense; the truth will often sound harsh.

 

Standing there, arguing with the process server, doesn't mean he hasn't been served.

 

The convoluted explanation of his situation and the reference to Fractional Reserve Banking as a legal argument as to why he was justified for not paying the debt will leave the judge chuckling as well

 

You've provided more information about your situation than he has and are obviously more knowledgeable and have done more research toward helping yourself.

 

I too, wish I had more info for him ..... but, from what he has provided ....... it seems pretty cut and tried.

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My Grasp of the Federal Reserve Banking system, and Fractional Banking Practices of Every Bank Corporation in the country is very well thank you,  What I do not have a grasp of is the Laws concering Auto Repos and what if anything, they may be able to help me with. My Bro In Law is High Level Corporate at BoA, and a Very Good Friends Wife is Regional Manager at a Major Banking Corporation in Georgia.  But the are in the System which is doing these things to you and I.  Let me ask, do you also believe you are constitutionally bound to pay Income Taxes as well?  Sorry to brake it to you Chum. but the Truth is, Fractional Reserve Banking is real, and has been since Nixon took the us dollar and removed it from the GOLD Standard in 1973.  Do you also believe The Federal Reserve Printing 85 bllion dollars a month and Giving it to said Banks to bail them out from Purposely bad investments, to which they CONTINUE TO BUY BAD DEBT THEY CREATED FOR YOU TO PAY OFF is not Killig the US Dollar?   What GIves the US DOLLAR Value?  Its not Gold, Or any other REAL Assets. 

What give the US DOLLAR VALUE is Your Blood Sweat and Tears.  The Dollar is Backed By YOUR BACKS, Literally.... 

Since the Federal Reserve Act of 1913, the us Dollar has lost around 97% of its Value. 

You Do realize in 1963 a us Dime woud buy you a gallon of gasoline Dont you?  Do you realize that Same 1963 Dime will Still buy you a Gallon of gasoline don't you?
I suggest you Read up and Understand the Keneysian Economic(Supply Side Econominc, and Trickle Down theory combined into on monster) paradymes we live in. Every one of these cases can be won, IF Properly Defended.

If you have nothing Helpful to say, you only make yourself the fool.   You think I am Mistaken?  Ever ask yourself WHY is EVERYTHING you have Legally have your Name in Capital Letters?  If you dont know, Look up the US CODE on how a Corporation Must Spell their name Legally.  

A few last things there Mr Brutal,  Do you know when you were born, the US Government had the Federal Reserve Banking System print 10 bonds each in your name, valued at 3.5 million dollars each? And those Bonds, with your LEGAL Name on them then are sent to wall street to be traded like Commodites, Cattle and Corn, Pork Bellies and SHEEP?  Your Original Certficates of LIVE BIrth are printed on US Government BOND Paper.  

the last one for you Mr. Brutal:
If your bank charges you 13% to hold your $1000.00 doposit, compounded annually, how big would your deposit grow over the next 5 yrs?  Now what if you went to your bank and wanted to with draw $500.00, but your bank has a minimum balance of 500.00, which this withdraw will put you under that said contractual minimum balance, at a rate of 23% compounded annually until you not only come above the balance minimum as outlined in the contract, but per the signed contract, you must repay the entire 500.00 withdraw, and continue to pay the 23% underlimit withdraw fee, and dont for get the Original 13% Deposit Fee, all compounded annually.  How much will your $1000.00 deposit be now in 5 years if you can only pay back 100.00 a year of the 500.00 withdraw?  Then to top it all off, your Bank then Prints up Money, that NO ONE Actually Deposited, and puts it into circulation for you and every one to use, therefore making your 100.00 a year payment on the Withdraw of your OWN Deposited Wealth (you broke your a$$ to get that 1000.00 did you not?) and over the course of that 5 year payback period, made your 100.00 annual payment only actually hold a TRUE Value of 10.00, which is what is really applied to the repayment of your withdraw of your own 1000.00 original Deposit?

Answer these questions and Smile, you have just been Educated on the Federal Reserve Act of 1913. 

 

But before you do, hide all your guns, and get a bottle of whisky, once you are done being happy that you actually Understand our National Debt, and the Federal Reserve Fractional Banking System, you are going to lose the smile VERY FAST, and you wont be able to turn that frown upside down for a Good Long While.


Back to my situation at hand.... Thank you TominTx. Much Appreciated.
 

Being a Civil Court, not Criminal, the UCC and Maritime Law will be the Rulers of the Day, but the UCC and Maritime Law can be Defeated, Again, IF properly Attacked.

Not sure what Maritime Law is? Ever ask yourself WHY All the Courts fly American Flags with a Golden Tassle on top and that lovely Golden Frindge around the old red, white and blue?


One last one,  Why is your State, County, and City A Corporation?

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A few last things there Mr Brutal,  Do you know when you were born, the US Government had the Federal Reserve Banking System print 10 bonds each in your name, valued at 3.5 million dollars each? And those Bonds, with your LEGAL Name on them then are sent to wall street to be traded like Commodites, Cattle and Corn, Pork Bellies and SHEEP?  Your Original Certficates of LIVE BIrth are printed on US Government BOND Paper.  

 

ya but if you don't get it before your age 7, the US cashes in on it, and you are SOL. (sol is up and you are sol.)

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I read an article once, and they talked about this.  You have to file something.  I don't even remember what it said, but I do remember that the SOL was up after age 7, so thereby it was to late.  I wonder if parents could file for their children?  in essence the bond is with the US as the trustee, and it needs to get changed to the person.  I am sure there is some loop hole to prevent people from cashing in on it, but theatricality you should be able to get the trustee name changed. 

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Hello New here, Michigander with some Major Questions.  Repod Vehicle, given 21 days to pay back amount, couldnt do it, vehicle sold at auction, so being sued for the differance 

 

 

So my main questions are:

What is my first move?

Pertinant info I need to get on?

Suggestions otherwise?

Thank you for any help and Guidence you folks can provide...

 

Getting back to the original point but without the political diatribe:

 

You had a car you took a loan out on (used:  whether you are first or fourth does not matter)

You stopped paying and they repossessed it.  Now you are being sued for the deficiency balance.

 

If you have any chance hire a lawyer and don't speak in court.  You have already demonstrated that you are in WAY over your head by arguing with the process server. You were legally served and your stunt isn't going to change that.  Argue like that in court defending yourself and not only will you lose the case in less than 90 seconds you could find yourself in jail on contempt charges.

 

Regardless of your political views the court is not going to be amused with your arguments about fractional banking, the federal reserve, or any other far fetched scheme you have read about on the internet.  If you are uncertain you might try contacting Wesley Snipes at his Federal half way house.  His arguments along the same line didn't work either and he just got out of prison.  These scams have perpetuated for decades if not centuries and it won't work.

 

If there is pertinent information your attorney will get it for the case.  

 

The only suggestion I can give is hire a lawyer.  You attempt a pro-se defense with this "fractional banking" argument or any other irrational claim and the judge will issue a summary judgment for the plaintiff regardless of your protests.  

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Sorry to brake it to you Chum. but the Truth is, Fractional Reserve Banking is real, and has been since Nixon took the us dollar and removed it from the GOLD Standard in 1973.

 

Sorry to brake it to you too, but we've heard this argument before on the forum. We defend credit card cases here, and a few other items as they arise. If you think this is a valid defense, show us one case where it prevailed.  (there aren't any) Nixon took us off the gold standard when the European central banks threatened to collapse our economy by redeeming all the cash they had for gold, by the way. Here is the statute you need to read.

 

MCL440-9503

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Wow, if it would not be so sad, I would almost want to be in the courthouse to watch the smackdown. I am betting though that if the judge even entertains this defense, it will be only because the court is need of humor.

You should consider yourself served and advice for next time, do not avoid or argue with the process server. They are not the ones suing you. They are the ones informing you that you are being served. They do a thankless job which should not be so thankless considering they are doing you a service. Just accept the papers and keep the arguments to the judge.

On the Fractional Reserve issue, the problem you have is that you participated in the system by borrowing money. You cannot go to court with unclean hands and demand that the court cleans those hands for you. You signed a contract that stated that you would return that created money with the stated interest. You have not followed that promise so the lender first took the asset backing up the loan and sold it for whatever they could get and then are going to charge you, as per the contract, the rest that you owe above what the asset brought in. You agreed to that when you signed on the bottom line. You could say that you did not know about this but the court then will reply that you should have done your due diligence. This is in the same way that a payday lender is not allowed to claim you passed a bad check when they knew it was a bad check when they accepted it or should have known such based on the transaction.

If you want to fight the fractional reserve system, the way to do so is not in the courts but in your life. Be content with what you have and don't borrow money since the borrowing of money is what allows the system to function in the first place. Avoid it from the start, don't use it as an argument after the fact.

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