Consumer complaint received 2023-04-23
Company: VYSTAR CREDIT UNION
State: FL
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt was already discharged in bankruptcy and is no longer owed

Complaint:
XXXX : XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, TX XXXX XXXX : ( XXXX United States ) XXXX XXXX XXXX XXXX XXXX, PA XXXX XXXX : ( XXXX United States ) XXXX XXXX XXXX XXXX, CA XXXX Options XXXX XXXX XXXX XXXX 
XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Attn : Consumer Services Department XXXX XXXX Removal Option XXXX XXXX XXXX XXXX, PA XXXX Federal Trade Commission Consumer Protection Financial Bureau The Following Account IS in Violation of the Florida Statute XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX IL XXXX XXXX XXXX o XXXX I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately delete the item. I thank you for your consideration and cooperation the following account are in violation of the FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11. FLORIDA LAW REDUCES THAT TIME TO 5 YEARS FOR A WRITTEN CONTRACT OR PROMISSORY NOTE AND 4 YEARS FOR AN ORAL CONTRACT OR OPEN-ENDED CONTRACT/NOTE. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act ( FDCPA ). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. I received a letter stating that in the year XXXX TWENTY SIX YEARS AGO there was an alleged account. THIS IS BEYOND ANY STATUE UNDER DEBT COLLECTION The exact statute : [ 15 USC 1692e ] ( A ) The legal status of the alleged debt and ( B ) Any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

95.11LIMITATIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY.ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY SHALL BE COMMENCED AS FOLLOWS : WITHIN FIVE YEARS. 
( a ) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. 
( b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 ( 10 ) and 713.23 ( 1 ) ( e ).

( c ) An action to foreclose a mortgage.

( d ) An action alleging a willful violation of s. 448.110.

WITHIN FOUR YEARS.

( a ) An action founded on negligence.

( b ) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority. 
( c ) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest ; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest.

( d ) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment.

( e ) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.

( f ) An action founded on a statutory liability.

( g ) An action for trespass on real property.

( h ) An action for taking, detaining, or injuring personal property.

( i ) An action to recover specific personal property.

( j ) A legal or equitable action founded on fraud.

( k ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.

( l ) An action to rescind a contract.

( m ) An action for money paid to any governmental authority by mistake or inadvertence.

( n ) An action for a statutory penalty or forfeiture.

( o ) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections ( 4 ), ( 5 ), and ( ( p ) Any action not specifically provided for in these statutes.

( q ) An action alleging a violation, other than a willful violation, of s. 448.110.

Please note : On June 5, 1933, the UNITED STATES congress passed House Joint Resolution 192, which served as a declaration of bankruptcy. Congress declared in HJR 192 that demanding payments in Gold ( constitutional money ) or in any particular form would now be against public policy. At the same time, President Roosevelt issued executive order 6102 forbidding the hoarding of gold coins, gold bullion and certificates. With this executive order, Roosevelt ordered that most of the gold in circulation be turned in to Federal Reserve Banks across the nation under the threat of fines and 10 years imprisonment.

What the leaders at the time failed to disclose was, that with the confiscation of all gold ( money ) and property, that made all Americans ( Spelled in Proper case ) CREDITORS to the U.S. bankruptcy. Because of the passage of HJR 192, it was now illegal for Americans to pay for anything. Gold was traded for Federal Reserve notes of indebtedness, which made paying for anything impossible, as notes of debt do not pay for anything but delay the payment until a later date. What the government offered instead of gold was CREDIT, but they offered it to the banks, not the people.

The Passage of HJR 192 JOINT RESOLUTION TO SUSPEND THE GOLD STANDARD AND ABROGATE THE GOLD CLAUSE XX/XX/XXXX XXXX XXXX Cong. 1st Session Joint resolution to assure uniform value to the coins and currencies of the United States.

Whereas the holding of or dealing in gold affect the public interest, and therefore subject to proper regulation and restriction ; and Whereas the existing emergency has disclosed that provisions of obligations which purport to give the obligee a right to require payment in gold or a particular kind of coin or currency of the United States, or in an amount of money of the United States measured thereby, obstruct the power of the Congress to regulate the value of money of the United States, and are inconsistent with the declared policy of the Congress to maintain at all times the equal power of every dollar, coined or issued by the United States, in the markets and in payment of debts.

Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled. That ( a ) every provision contained in or made with respect to any obligation which purports to give the obligee a right to require payment in gold or a particular kind of coin or currency, or in an amount of money of the United States measured thereby, is declared to be against public policy ; and no such provision contained in or made with respect to any obligation hereafter incurred. Every obligation, heretofore or hereafter incurred, whether or not any such provisions is contained therein or made with respect thereto, shall be XXXX upon payment, dollar for dollar, in any such coin or currency which at the time is legal tender for public and private debts. Any such provision contained in any law authorizing obligations to be issued by or under authority of the United States, is hereby repealed, but the repeal of any such provision shall not invalidate any other provision or authority contained in such law. 

( b ) As used in the resolution, the term " obligation '' means an obligation ( including every obligation of and to the United States, excepting currency ) payable in money of the United States ; and the term " coin or currency '' means coin or currency of the United States, including Federal Reserve notes and circulating notes of Federal Reserve banks and national banking associations. 

SEC. 2. The last sentence of paragraph ( 1 ) of subsection ( b ) of section 43 of the Act entitled " An Act to relieve the existing national economic emergency by increasing agricultural purchasing power, to raise revenue for extraordinary expenses incurred by reason of such emergency, to provide emergency relief with respect to agricultural indebtedness, to provide for the orderly liquidation of joint-stock land banks, and for other purposes '', approved XX/XX/XXXX, is amended to read as follows : " All coins and currencies of the United States XXXX including Federal reserve notes and circulating notes of Federal Reserve banks and national banking associations ) hereunto and hereafter coined or issued, shall be legal tender for all debts, for public and private, public charges, taxes, duties, and dues, except gold coins, when below the standard weight and limit of tolerance provided by law for the single piece, shall be legal tender only at valuation in proportion to their actual weight. '' Approved XX/XX/XXXX, XXXX XXXX 

Additionally The Federal Government took our lawful money out of circulation in 1933 but Congress had to provide the people a remedy. Public Law : " Chap. 48, 48 Stat. 112 '' under HJR 192 is that remedy and in part states that the Federal Government will discharge all of our debts, public and private, dollar for dollar.

1. House Joint Resolution. 73rd Congress. Session 1. Chapters 48 & 49. XX/XX/XXXX, XXXX, 1933 H.J.R. 192. 1491 Public Law 1 48 Stat 1confirmed in ~Perry v. U.S. ( 1935 ) 294 U.S. 330-381, 79 LEd 912, as well as ~Title 31 United States Code ( USC ) 5112, 5119 and again 12 USC 95a. When a government goes bankrupt, it loses its sovereignty.

2. Public Law 10 Chapter 48, 48 Stat. 112.

3. Public Law 73-10 40 Stat 411 Act ( TWEA ) OCT 6, 1917 1 ) That, Legal tender under the Uniform Commercial Code ( U.C.C. ), Section 1-201 ( 24 ) ( Official Comment ) ; The referenced Official Comment notes that the definition of money is not limited to legal tender under the U.C.C. The test adopted is that of sanction of government, whether by authorization before issue of adoption afterward, which recognizes the circulating medium as a part of the official currency of that government. The narrow view that money is limited to legal tender is rejected. Under XXXX XXXX XX/XX/XXXX and validated in XXXX above the nation is bankrupt and to support the bankruptcy my signature as a man created the currency of the realm for the transaction making me the Creditor. The existing state of emergency is verified ~Title 12 95, 95a, 95b and 411 Should this be doubted then these two quotes ( of many more ) verify the truth since the principal part of any thing is the beginning. Maxim of Law BANKS CAN NOT LEND DEPOSITORS MONEY TO BORROWERS WITHOUT THE DEPOSITORS WRITTEN AUTHORIZATION, IN REALITY, BANKS DO NOT LEND THEIR DEPOSITORS MONEY. ~12 U.S.C . 1828. 

A national bank has no power to lend its credit to any person or corporation. ~Bowen v. Needles Nat. Bank, 94 F 925 36 CCA 553, certiorari denied in 20 S. Ct 1024, 176 US 682, 44 LED 637.

A bank is not the holder in due course upon merely crediting the depositors account. Bankers Trust v. Nagler, 229 NYS 2d 142, 143.

o That, the Federal Reserve Bank in its booklet ; MODERN MONEY MECHANICS page 3, states ; In the United States neither paper currency nor deposits have as commodities. Intrinsically, a dollar bill is just a piece of paper, deposits merely book entries.

o That the giving a ( Federal Reserve ) note does not constitute payment. See Echart v Commissioners C.C.A., 42 Fd2d 158.

o That the use of a ( federal reserve ) 'Note ' is only a promise to pay. See Fidelity Savings v Grimes, 131 P2d 894.

o That Legal Tender ( federal reserve ) Notes are not good and lawful money of the United States. See Rains v State, 226 S.W. 189.

o That ( federal reserve ) 'Notes do not operate as payment in the absences of an agreement that they shall constitute payment. ' See Blachshear Mfg. Co. v Harrell, 2 S.E. 2d 766.

o Also, Federal Reserve Notes are valueless. See IRS Codes Section 1.1001-1 ( 4657 ) C.C.H. ) o In light of the holding of Fidelity Bank Guarantee vs. Henwood, 307 U.S. 847 ( 1939 ), take notice of ... As of XX/XX/XXXX, legal tender for discharge of debt is no longer required. That is because legal tender is not in circulation at par with promises to pay credit. There can be no requirement of repayment in legal tender either, since legal tender was not loaned [ nor in circulation ] and repayment [ or payment ] need only be made in equivalent kind ; A negotiable instrument. 
o U.C.C. 3-603 ; If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender...

o ORS 81.010 Effect of unaccepted offer in writing to pay or deliver. An offer in writing to pay a particular sum of money or to deliver a written instrument or specific personal property is, if not accepted, equivalent to the actual production and tender of the money, instrument or property. ( the latter here operates via the rule of Para Materia in Tennessee. ) o That because of failure of a lawful consideration the Note and Mortgage are null and void See XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX, case # 19144 ( 1968 ) .THEREFORE, in light of the above, under necessity, having no other means to pay debts at law, but being stopped and denied access to lawful constitutional money of exchange, the undersigned can only exercise the remedy under necessity to set off/discharge the 'debt/liability '.

Your Affiant, flesh and blood with PRE-PAID EXEMPT status as a current Creditor of the U.S. CORPORATION since its bankruptcy in 1933 and with full understanding of how the monetary system works. Federal laws prohibits any banks from loaning against its own credit and customers deposits, so my signature creates the asset of these funds which you then monetized to your gain ten ( 10 ) times, then my signature does certainly pay this supposed liability ; THEREIN, you are required by LAW to accept this EFT instrument and credit the above account, in honor, within 24 hours upon acceptance pursuant to U.C.C. 3-501.

Any dishonor will be construed as a commercial injury, violation of agreement, fraud, fraud by scienter, violation of commercial law and otherwise. UCC codes used in verified tender of payment 1-201 general definitions governing EFT 3-311 ( d ). Receipt of an instrument is satisfaction 3-501- ( 4 ) day after day of receipt 3-603 tender of payment ( b ) refusal is discharge ( c ) able & ready to pay at every place of a payment stated Your Affiant Has Claimed, Maintain, And Have At All Times Has Retained Her Constitutionally Secured Rights Especially, But Not Limited To, All Aspects Of This Instant Matter ; Brady V. U.S., 397 U.S. , 742 At 748 . Waivers Of Constitutional Rights Must Not Only Be Done Voluntarily, They Must Be Knowingly Intelligent Acts Done With Sufficient Awareness Of The Relevant Circumstances And Consequences.

Thank you for your prompt handling of my request. 
Sincerely, XXXX XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation