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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115464
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have sent my notarized and certified presentment and

Customer Question

I have sent my notarized and certified presentment and instrument to Chase on 5/7/2015 and they have not responded along with a Notice of Dishonor with the Opportunity to Cure, Notice of Fault, seval notary certifcate of non- Response (public record at the Norfolk Registry of Deeds). I have asked them to validate my debt through the notary and still no respone. I have even reported them to the CFPB and ther are investigating them but will not disclose the violation to me because the do not represent the consumer. How can I get them to respond as the continue to open and recreate account on Equifax?
***The EFT instrument is a bill of exchange tendered to the bank and negotiated to the United States Treasury for settlement is an obligation of the UNITED STATES under Title 18 USC Section 8.
***31 USC 5103 and 31 USC 392 United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues.
***The attached Negotiable Instrument (EFT) was presented in compliance under the following laws that justify it’s tender: The Securities Exchange Act of 1934, The Fair Credit Reporting Act Public Law 91-508 enacted in 1970, The Bankruptcy Act of 1933, Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. 1692, et seq., 1978, Title VIII of the Consumer Credit Protection Act of 1978, Title VIII of the Consumers Credit Protection Act of 1978, The Indentured Trust Act of 1939, Public Law 97-280 and P.L. 93-224, Title 12 USC 411, 412, Public Law 97-280, House Joint Resolution 192, Public Law 73-10 of 1933, 112 Statutes at Large 48, UCC 3104(c), Spencer v. Sterling Bank, 63 Cal Ap. 4th 1055 (1998),Guaranty Trust Co. Of NY v. Henwood et al, (1939) and 307 U.S. 247 (FN3), the Within Negotiable Instruments, Vol. III (including 2006 Supplement) on the Undersigned's UCC Contract Trust Account. The entire taxing and monetary systems are hereby placed under the U.C.C." (Uniform Commercial Code) - The Federal Tax Lien Act of 1966. Such action is further confirmed in USC Title XII, Title XXVIII, Sec.1641, 3002 and the Foreign Sovereign Immunity Act. In fact, the DOD, GSA, and NASA are mandated to use EFT as payment on Federal contracts due to Public Law 104-134 Also 15 USC Sections 7001-7006 Uniform Electronic Transfer and Signature Act justifies the use of EFT’s: The following UCC codes allow for the issuance of the EFT:
UCC 1-103, 3-308, 2-221, 2-104, 3-415-419, 3-500-510.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If they have refused to comply and provide the evidence of the debt, I am afraid your sole remaining recourse now is that you have to file a civil suit against them for breach of contract and violation of the above laws and seek your damages and redress through the civil court. If you prove the violations you allege above in court, you can be awarded your actual damages and potentially punitive damages up to three times the amount of your actual damages PLUS attorney's fees.

So your next step is that you have to get a local consumer protection attorney and file a civil suit against them which you could file in the US District Court against them as there are several federal law violations you are claiming and you can seek your damages in the court.