The Tender For Law

Volume 6

Jun 11, 2014 1:02 AM

From the File "learning as I go along" There is a lawyer who allegedly is working on behalf of a bank to collect money from 2 persons, even though they received a zero balance statement from the bank. This lawyer has threatened garnishing wages, and a lien. He is now threatening a "Direction to enforce" instruction to the local sheriff.

On numerous occasions this lawyer has been asked to provide proof of standing and a true bill. Nothing has been received to date. He has included in the letter a copy of the Direction to Enforce that he says he will send to the sheriff to sell the home etc.

A corporation I trust has liened the property for the equity, he is about to be in default for non payment of his account with us. (not to mention racking up more charges with this letter ).

My question(s) are;

IF he does plan on this course of action, can he force the sale of a house for an unsecured line of credit?

The fact that there is no sheriff file number on it, makes me think he is using intimidating and scare tactics. Will I receive notice from the sheriff IF he does go ahead with this (before they come knocking?)

Is there anything else that needs to be considered?

Read Comments

Stuart Stone

To seize the house, have you removed etc would, in my understanding, be the result of an order as the result of a judgment against your person.

You can have the judgment set aside due to the evidence you hold:

ie: A zero balance from the bank and repeated communications requesting evidence from him.

You have done nothing wrong in requiring validation of any alleged debts.

I'm not aware how he wishes to proceed in light of these facts.

CJ ML

Draft a promise to pay in crayon. aka: a debt note. Also, by Law, all you have to do is offer to pay. If he or she does not acknowledge or accept the payment, they are in dishonor. Have it notarized and send it to him registered mail.