AFFIOA VIT OF TRUTH This Is A Verified Plain Statement of Truth I ...

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AFFIOA VIT OF TR UTH

This is a verified plain statement of truth

I, Alexander Carthans, depose and say the fo llowing:


• I do acknowledge United Federal Credit Uni on. account number 185953-1 32
2008 GMC Acadia SLT-1 VIN# 1GKEV237 18J2 17403. Agreed monthly
payment of $535.00.
• 8/ 18/1 2 and 9/ 18/12, missed monthl y payment
• 9/25/ 12, bank representati ve, Rac hel, left message on my cell phone;# 574-606-
7477, for me to contact them. Le n phone num.ber hut no extension.
• l 0/3/12, bank representati ve, Brandon, left message on my ee lI phone for me to
contact them. Left phone number with extension to call back.
• l 0/17/12, bank representati ve, Brandon, left message on my cell phone for me to
contact them. Left phone number with extension to ca ll back.
• l 0/24/1 2, bank representati ve, .Jason, left message on my eel I phone for me to
contact them. Left phone number with extension to ca ll back.
• I0129112, 1 returned phone ca ll. Spoke with a representative and fo und out I
needed to pay $2,400.00 plus late fees. Ba nk did not send any presentment to my
address explaining what charges/fees in vo lved. The an1ount expected was in
excess of 4.5 monthl y payments. I was onl y in arrears 3 monthly payments.
• l 0/30/12, I drove to the United Federal Credit Union (UFCU) Branch in Niles,
Michigan from Indiana to make payment using my Bank of America debit card.
The bank teller called Donna, in col lecti ons. to fi nd out exact amount she was to
receive from me. Donna told the teller that she wo uld not receive a payment
made from my debit card and that I co uld only make presentment by direct wiring
of money from my bank or strictly cash.
• 10130112, due to wo rk and famil y responsibilities I was not able to return to Niles
with cash. I ca lled UFCU later on in the evening to ask what in fo rmati on I would
need from them to make a wi re transfer from my bank to theirs . The
representati ve I spoke with told me that he woul d accept my payment by phone
and that the amou nt owed on the account was only three months of payment plus
fines. I authorized an excess of $ 1,605.00 to be made to UFCU by phone
conversation with UFCU. The bank representati ve took all info rmation fo r the
ACH payment, along with routing number. He info rmed me that the account
would be brought current. He did say that the transac tion would take affect
l 0/3 1/12.
• 10/3111 2, I called UFCl! to fo llow· up with payment made 10/30/12. I wanted to
be ce11ain that all was taken cure of properly. Th~ bank info rmed me that their
representati ve that too k my payment over the pl10ne on l 0/30/l 2 had made an
error and they woul d not be abl e to accept my pay ment that was made l 0/3 0/12 .

I or 6
• 10/3 1/ 12 at 3:55 pm. 1 received a phone c.:all from UFCU co ll ecti on
re presentati ve, Donna. She stated I m issed the dead line to contact them before
2:30pm. I was not aware of the dead line. UFCU d id not send notification
concern ing the condi tio ns that surrounded this matter, account# 185953 -1 32 2008
GMC Acadia S LT-1 VIN#: IGKEV237 18J2 17403 , to my home add ress and they
didn' t inform me of these changes when I last spoke with them by phone, on
Oct.31 , 20 12. Her message did state that I would need to make payment in excess
of $2,400.00 to bring account out of co llectio ns or return vehicle to them.
• I did not understand w hy my payment, that was received, was now rejected and
condi tions were being made w ithout my knowledge. I decided to seek education
concern ing thi s matter. I needed to understand w hat money is, where it comes
from and w hy a bank (who receives their line of credit from private man/ principal
in the first place) cou ld operate by refusing my presentment to settle this matter.
• November 13, 20 12, I wrote to UFCU req uesting a w ritten presentment to settle
the balance owed on the acco unt. r would not conduct bus iness by phone. I
requested they make future correspondence in writing for the purpose of record
kee ping as the events unfolded. Letter was sent by fi rst class certifi ed mail to:
United Federal C redit Un ion, 2807 South State Street, St. Joseph, Michigan
49085 and the same copy to UFCU , P.O. Box 125. St. Joseph, Michi gan . 49085.
• December 4, 20 12, I did not rece ive any written correspondence from UFCU. I
decided to w rite and let them knovv 1 have not received presentment. Letter was
sent by first class, certified mail to : Uni ted Federal Credit Union , 2807 South
State Street, St. Joseph, Michigan 49085 and the same copy to UFCU, P.O. Box
125, St. Joseph, Michigan, 49085.
• In the letter (s) I asked them to:
1. Provide a billing statement w ith attached check, or replevin bond for
amount said owed.
2. Provide a copy of all original written agreements that establi sh the debt.
3. What is the name and add ress of the o ri ginal lender of the debt?
4. If, there has been a transfer of debt and your company is the now said
owner of the debt, then prov ide proof of the proper tra11sfer of the debt to
your company.
5. Provide a written statemen t in whi ch you declare that the appl icable
statute of limitations has no t run o n this debt there by establ ish ing you as
being legally ent itled to collect the debt.
6. Provide an accounting of all payments made against the debt and an
accounting of all fees, charges, costs, legal fees, penalties, and interests
charged because of the debt.
7. Provide o riginal verificatio n of all lega l papers filed against me in an
effort to co llect the debt. Example of billing statements w ith attached
voucher sent to my address.
8. Provide your tax identificatio n number fo r W-9 purposes.
9. Include any judgment/ lien that has been obtained agai nst me in an effort to
co llect the debt?
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l 0. Provide exact content each and every time your company has fi led a report
with any of the credit bureaus as it relates to my cred it report.

All collection activity must cease and desist until yo u have provided me with all
the requested informati on contained in thi s letter. You have l 0 days to respond.
I will have 30 days to rev iew the requested info rmation and respond with remedy.
Furthermore, you shall cease and desist in mak ing any contact by telephone to my
home, to my place of empl oy ment, to any of my relatives, to any of my friends,
and to any of my co-workers. You may onl y contact me in wri ti ng, by regul ar
mail to the address on this letter. I f, I have not received any correspondence fro m
you concerning those things mentioned above in thi s letter (1 -1 0), within I 0 days
from thi s date, I will appo int an arbitrator to dec ide if there is a debt owed.
Thi s letter was witnessed and notarized. ft was sent to both UFCU address (s)
(the same as my first written correspondence) by fi rst class mai l, certified.
• December 12. 20 12, received forma l response to my letter dated December 4,
20 12. I was accused of wrongfu l interpretati on (s) FDCPA and the FO IA, stati ng
both not applicab le to the current situation. The letterhead indicated it was sent
from Howard & Howard Law fo r Business, No address was given. Just contact
name of Michelle M. Bell and a direct dial # 248-723-0493. Letter did not
mention amount due or fees and fi nes invo lved. Letter stated that I fa iled to make
payment and they had the ri ght to repossess the vehicle.
• December 18, 201 2, l se nt registered letter to: United Federal Cred it Uni on, 2807
South State Street, St. Joseph. Michigan 49085. Letter content contained the
fo llowing;

I. UCC section 3-501 "presentment is necessmy to charge secondmy


parties"
In subsection Bit states "presentment for payment is necessa1y to charge
any endorser"

2. There are three citations basicall y stating that no one can DEMAND
"payment" in a specific type of coin or currency. After the government
took away our ab ility to actuall y "pay" a debt by removi ng Go ld from
circulation in 1933 they had to provide another remedy to the people to
deal with debt;
1. House Joint resolution 192;
2. 3 1 USC 5118 (r/)(2)
3. Til e statutes at large @cll. 48,48 stat112
Bankruptcy Chapter 11 Public Policy.

Pri vate man's reco rd of birth has been turned over to the federal
government to be the surety fo r the line of credit given to the banks. Every
pri vate man of the U.S. Corporation has pledged hi s labor as equ ity (it is
the only equity) fo r the printing of money and minting of coin. It is
private man (principal) that bailed out the car companj es in 2008-2009.
Every car is paid fo r by the credit extended to the GMC Corporation
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provided by private man·s (princ ipal) pledge of labor (equity) before it
roll s out of the car manu facturer's factory . So who is reall y the creditor?

All money is in the form of a bi IL note or bond. All money is a


commercia l lien.

It is a di shonor of the UCC to not present the liabil ity claimed along with
an attached remedy. The bill with attached remedy was requested in
November by notarized letter and in December by witnessed notarized
letter. Both months you refused to send the requested presentment (bill)
with attached check or replevin bond. I want to take responsibility and
remedy this debt. Acting in good fa ith, r have enclosed a payment
voucher with my Acceptance For Val ue to discharge th is debt. I am
unable to fill in the amount due because of your lack o.f presentment.
will all ow you to fi ll in the amount owed to clear the debt bringing what
liabi lity I have with you to zero.

Enclosed with thi s letter is


• Acceptance For Value
• W -9
• Accounting instructi ons
• IRS Form 1099 OID

Please close this account immed iately and make adj ustments. Provide me
with Certificate of Release. Thi s serves notice that this account is
Accepted for Value. Thi s property is Exempt from Levy. Please adjust
the account for the proceeds, products, accounts and fi xtures and all good
and valuable considerations and release the order to me immed iately.
I am requesting your tax ID, please complete and return the IRS Form W-
9 enclosed and provide me with my copy of IRS Form I 099-0ID for this
account to enable me to identify the principals from which the interest was
taken and returned.
Additionally, since thi s proceedi ng may invo lve a dis1)ute of title, please
identify for me the person who is fiduciary Debtor and who is fiduciary
Creditor of this account.
Pl ease provide me with a copy of the journal ledgers and the final
statement work sheets for thi s account, that you use to determine the
un paid or owing amount, if you continue to refu se to close this accou nt,
and provide me with the confirmation statement fo r both the buy and sell
orders of this account, and check made payable to me. Your failure to
close this account imm ed iately will otherwise resu lt in a Federal Agency
investigation of your use of securities, ect.

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• December 22, 20 12, United States Postal Serv ice (USPS) attempted delivery of
registered payment in full , at 9:45 am. The ex pected delivery was to be December
20, 20 I 2. Notice was left (business was closed). When I looked up bank hours of
operation on computer. It stated they would be open at 9:00 am . Later, that same
day, UFCU had a repossession company come to the house to collect vehi cle. I
was not present due to my work schedule but my spouse, Tquira Cathans, was.
She answered the door and asked them to present their papers. After my spouse
reviewed the papers she thought something was not right and would not permit
them to take the veh icl e. Repossess ion Company left not to be heard of again.
• December 24, 20 12, US PS delivers registered mail w ith payment in full to UFCU .
The bank signed a written receipt fo r " payment in fu ll" , 2008 GMC Acadia, YIN
#: 1GKEV237I8.12 17403 and mail ed it back to my home address. Signature o n
the receipt was made by bank representative, A my Farnsworth on 12/24112.
• It has almost been a month and I have not rece ived deed to title from UFCU
concerning 2008 GMC Acad ia SL T-1 VIN #: 1GKEV23718J2 17403 .
• January 18, 2013 , received letter from John D. Kri sor, Jr. , Law Firm Krisor and
Associates, P.O. Box 6200, South Bend. f ndiana 46660-6200, Phone # 574-272-
1000. In their letter it indicated that U FCU had handed over the matter to them
and they were giv ing me 30 days to dispute the validi ty of the.debt or any portion
thereof.
• January 23 , 2013 in order to avoid any further confusion in thi s matter I thought
it best to write thi s Statement of Truth and send it by registered mail to: John D.
Kri sor, Jr. Law Firm. Kri sor and Associates, P.O. Box 6200, South Bend. Ind iana
46660-6200 .
• r would like to note I have made two al/empts in good fa ith to reso lve this issue
with UFCU and it does appear that both attempts have been rejected. It is a
dishonor to a working man that has pledged his labor as surety for the printing of
Federal Reserve Notes of Debt and minting of coin. It is not in harmony with
House Joint Resolution 192, 5 June 1933.
• I await your response, to this letter of Truth, so r will know w hat actio ns to take.

I, Alexander Carthans, certify on my own commercial liabili ty that I have read the above
affidavit and do know the contents to be true, correct and complete, and not misleading,
the truth, the whole truth, and nothing but the truth, and do believe the above described
acts to have been committed contrary to law.

Signed ~J2;;(;;;;2__ .
A lexander Carthans
801 Turtle Dr.
Bristol, Indiana 46507

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Witnessed by_ \...... /~1·~c..~k. .1. .~E~u~S_S~Vi_v--jof~---
Print name

Witnessed by Eri
Print name
f\ t-\_O.._'f_'l_·,_s_____

~R~~

State of Indi ana )


)
County of S:.\\.F~
. \'-\-
)

JURAT

"I do so so lem nl y attest to the facts stated herein to be honest, true, and correct
to the best of my knowledge, informati on and beli ef. I wish and intend harm to
no one, but to li ve in peace."

On thi;z_l_fLday of \\),.\"'\\JW~ . 20 13. a man. who identified himself as


Alexander Cathans appeared befo re me, a\notary public of the above-referenced county
and state, and attested to the truth of this Affidavit of Obl igation with his oath and
autograph.

MMvl.YNNf PFISTER

C
NOTARY PUBi..IC
SEAL
seal STATE OF INDIANA
OMMISSION EY tRFS F~~--~·..:~~8
0
_._

cc: United Fedend Cred it U nion


2807 So uth State Street
St. Joseph, Michi gan 49085
Account number 185953- 132 2008 GMC Acadi a VIN #: 1GK.EV 23 718J2 17403

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