DJSPALISADES4615 Page 1 of 3. 2009-11-17 Reconting equested by. Donna Jean Sayler Return or respond to: Dona Jean Saple Se L-anay FALL, NovaRy PUBLIC 14255 Hanvest Miu ROAD BruGtr10N, COLORADO 80603, Publicly Noted at u/s genie n/a in complanee with CRS §4 1-20 & UCC $1: NOTICE AND DECLARATION OF FRAUD SP#62 3 roe LASADIS COLLECTION, LLC PO Box 1244 ENGLiWOOD Ciumrs New Jexsty + 07632 £87 SovTH Commerc: Way, SUI 70 BETMLSHEN» PeNnsvivaNtAa# 18017 Reference # 49325892 / 3GLDL30L08S4L15 Senice # 7008 270 OOOD 2847 440K STATE OF COLORADO) ) Jurar COUNTYOF ADAMS) AFFIDAVIT 1, Donna Jean Saylr,a living breathing woman being first duly sworn, depose, say and declare under oath and by my signature that the following are faets and are true tothe best of my knowledge and belief. 1. Teishereby declared that you and your company area "DES1'COLLECTOR" and that neither or DONNA-SAYLER® have ever contracted with you or your company, firm, organization, entity, agency or court et al. (hereinafter cillecvcly caled "company", and tucaeSoee have 00 Snanchal obipatioa to you or your company, 2. Youoryour company have purchased or accepted liability for an alleged debt from another company, youand your company having had no interest in the original alleged debt, now making your status that ofa mexe Volunteer. You co your company have extinguished the alleged debt upon your purchase and acceptance of liability, and any act or attempt to collect oF sell the alleged debt isan act of fad. 3. ‘The right of subrogation does not arise to one who accepts or pays the debt(s) of anotherasa mere volunteer. This includes attempts at collection by assignment, transfer, trade or acceptance of lability 4. "The doctrine of subrogation is not applied for the mere stranger or volunteer who has paid the debt of another without any assigament or agreement for subrogation, without being under any legal obligation to make the payment, and without being compelled to do so for the preservation of any rights or propesty of his own." (Adina Lie Ins Co of Hargiord Town of Middeport 124 U.S. 534. 8 S.Ct. 625. 31 Ld. 537; Shinn ». Budd, 14 N. J. Fg. 234; Sanford ». McLean, 3 Paige, 117; Hoover». Epler, 52 Pa. St 522.) 5. A volunteer, stranger, oF intermeddler is “one who thrusts himself into a situation on his own initiative, and not ‘one who becomes a party toa transaction upon the urgent petition ofa person who is vitally interested, and whose sights would be sacrificed did he not respond to the importunate appeal.” ( Lafranchii, 39 Nex 48, 153 P. at 252) Parties may be considered volunteers if, in making a payment, they have no interest of their own to protect, they set without any obligation, legal or moral, and they act without being requested to do so by the person liable on the original obligation. (Hewningon . Unie States Fiekty Guar, Cn, 208 US. 404, 411 (1908); Smit State Sar. & Loan Avia, 175 Cal. App. 3d 1092, 1098, 223 Cal Rowe. 298, 301 (1986): Norfle & Deddam Vire Ins. Ca, » Actua Casual & Surety Co, 132 Vit 341, 44, 318 A.2d 659, 661 (1974) 6. Know and understand that you have not produced the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect, as we previously demanded and is. demanded by the FDCPA. Contacting us again after your receipt ofthis NOTICE AND DECLARATION OF FRAUD. ‘without providing proof of your right of subrogation, proof of claim, and procedurally proper verification and validation of the alleged debr, constitutes the use of interstate communications in a scheme of fraud by advancing waiting, which you know is fase, with the intention that others ely on that wsitten communication to their detriment. NOTICE TO AGENT IS NOTICE TO PRINCIPAL * NOTICE TO PRINCIPAL IS NOTICE TO AGENT Pee 1602DJSPALISADES4615 Page 2.of3 2009-11-17 7. Your demands have been sent to us through the U.S. Postal Service and have never included proof of your right of subrogation, proof of claim, procedurally proper verification and validation of the alleged debt, ota copy of & contract between either of us and you or your company, thus attempring to defraud us of funds or assets, and you are now a party to mail fraud. ( THLE 18, U.S.C, PART] > CHAPTER 63) 8. You, your company and agent(s) are granted 10 days upon receipt ofthis NOTICE AND DECLARATION OF FRAUD to deliver point-for-point written and signed rebuttal to this Affidavitas noted herein. Yous rebuttal to exch point herein must be accompanied with evidence of proof. 9. Failure to deliver your written and signed rebuttal within 10 days of your receipt of this document will be your tacit and voluntary agreement that: this NOTICE AND DECLARATION OF FRAUD is true and factual; the alleged debt will ‘only be reported as "paid in fall’; you and your company will provide a written statement of "aosexistence of debt", stating that nothing is owed to you, your company, agents or representatives, etal; all derogatory credit reporting will be purged from any and all credit reporting agencies. Failure by you, your company or agent(s) to ‘comply with the requirements ofthis voluntary agreement may result in commercial claims and/or charges being brought against you, your company and agent(). 10. By reporting or continuing to report to credit reporting agencies anything but "debt is paid in fall” you are ‘committing fmaud andl ate open to a lawsuit under the FDCPA. Failure to purge all dezogatory credit reporting from any and all credit reporting agencies, including but not limited to Experian, Equifax, and TransUnion without validity of the debt allegedly owed to you or your company shall be considered an act of fraud. 11. Should this NOTICE AND DECLARATION OF FRAUD and AFFIDAVIT not be rebutted in writing point-for-point by you, your company or agent(s), or any representative thereof, at any level, at any time within the herein prescribed time, these points shal stand as true and factual in both private and public records, and we shall be entitled to seek relief and damages as we deem appropriate. 12. Maxim of Law: For a matter to be resolved, it must be expressed, 13, Maxim of Law: In commerce, ruth is sovereign. 14. Maxim of Law: ‘Truth is expeessed in the form of an affidavit. 15, Maxim of Law: An un-tebutted affidavit is a judgment in commerce. 16, Maxim of Law: Silence is agreement. 17. Maxim of Law: When a party has a dury to speak, his silence equates with fraud, 18, Point of Law: Silence equates to agreement. Sworn and dated this 9 day of October, 2009 DONNA J-SAYIER® Denne ben by: Donna Jean Sayler Szased Py Gn tnd Athscel Repeseative Stark oF Covorapo ) ) Jurat CouNrvorApAMs ‘The above named Affiant, Donna Jean Sayler, appeared before me, Notary Public, subscribed, sworn to the truth of this NOTICE AND DECLARATION OF FRAUD. Subscribed and sworn to before me, Larry Hall, witness my hand and seal this 9* day of October, 2009: shee a wom pte State of Colorado ‘My Commission Exes 07/10/2012 NOTICE TO AGENT IS NOTICE TO PRINCIPAL * NOTICE TO PRINCIPAL IS NOTICE TO AGENTDJSPALISADES4615 Page 3.of3 2009-11-17 NOTARY CERTIFICATE OF NON-RESPONSE COMMERCIAL OATH AND VERIFICATION PALISADES COLLECTION, LLC RE: DONNAJ.SAYLER® Reference # 19325892 / 43bb1b30b0854b25 STATE OF COLORADO ) ) Jurar Commercial Oath and Verification CouNTYOFADAMS 1, Larry Hall, Notary Public, Notary Presenter & Witness, states under his commercial oath, proceeding in good faith, being of sound mind, states thatthe facts contained herein are true, correct, complete and certain, that he has not received any valid response fo administrative notices to wit: 1. The Notary Public hereby cestifies that an OPPORTUNTTY ‘TO RESPOND TO NOTICE AND DECLARATION OF FRAUD dated October 9, 2009, a COPY of NOTICE AND DECLARATION OF FRAUD dated October 9, 2009, a Cory of NOTICE AND DECLARATION OF REVOCATION OF POWER OF ATTORNEY dated October 5, 2009 with EXHIBIT “A? attached thereto, and a CoPy of the NOTARY CERTIFICATE OF SERVICE & AFFIDAVIT, notarized and duly recorded the 9 day of October, 2009, were recived by PALISADES COLLECTION, LC at 10:02 AM on October 13, 2009 in Englewood Cliffs, NJ, as evidenced by USPS. Certified Mail record #700b27600000284744Db. There was no response received. Given under my hand and seal this Syd day of Novembes, 2009 This document prepared for Donna Jean Saylee and submitted by Tarry Hl Norary Pubic Tony He tee Notary Publ Stato of Colorado ‘iy Conranission Expires 7/18/2012 STATE OF COLORADO) ) Jurar COUNTYOF ADAMS) Subsctibed and swom to beforeme, JK Kewaeld S Notary Public, this 29 day of November, 2009, upon satisfactory evidence to the identity of the Affiant subscribed and swom above: 3. K 5 2 Jk REYNOL Notary PUBLIC EINES, ‘Sénature of Ndthry Public My Commission Expires Goes PADD NOTICE 10 AGENT IS NOTICE TO PRINC /PAL.* NOTICE TO PRINCIPAL 18 NOTICE TO AGENT