Consumer complaint received 2024-01-19
Product: Vehicle loan or lease — Lease
Issue: Repossession — Loan balance remaining after the vehicle is repossessed and sold
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC (NJ)

Payoff was sent and full amount tendered. Per Uniform Commercial Code 3-603 Tender of Payment, debt has been satisfied.

Maxim of Law : 28u. The refusal of money tendered releases him who tenders it. XXXX XXXX XXXX  Vehicle was repossessed on or about XX/XX/XXXX by a towing company. He gave me no details regarding who he worked directly for other than to say that this job was contracted by Nissan. The car was already hooked up to his truck and he would not unhook the car. 

New Jersey Constitution Article 1 Rights and Privileges Paragraph 7. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ; Maxim of Law 91cc. A person in possession is not bound to prove that the possessions belong to him. Broom, Max. 714. 

The property was in my possession and taken without a trial by jury as stated in the New Jersey Constitution Article I Rights and Privileges Paragraph 9. The right of trial by jury shall remain inviolate ; Maxim of Law 67b. Juries are the judges of fact and law in American jurisprudence. State of Georgia v. XXXX, XXXX XXXX. XXXX, XXXX ; XXXX XXXX XXXX, XXXX XXXX XXXX. 

XXXX v. Arizona, XXXX XXXX XXXX ( XXXX ) XXXX XXXX Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.

US Constitution 7th Amendment In Suits at Common Law, where the value in controversy shall exceed XXXX dollars, the right of a trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of common law. 

Maxim of Law 28a : Things derogatory to the common law are not to be drawn into precedent. Branch, Princ. 

The lack of trial by jury, against the common law, is even more evidence my rights were violated and there was no due process. Nissan Motor Acceptance Company acted as judge, jury and executioner in this matter.

Maxim of Law 64gg : Every conclusion of a good and true judgment follows from good and true premises, and the verdicts of jurors. Co. Litt . 226b.

Maxim of Law 99z : A trial should always be had where the jurors can be the best informed. XXXX XXXX, XXXX. 

On Tuesday XX/XX/XXXX I received a text message from a company unknown to me named XXXX XXXX debt collector ( see attached evidence ). I did not know who they were and thought it could be a phishing scam and I do not click on unknown, to me, random text messages. 

On Thursday XX/XX/XXXX I received another text message, this time from Nissan Motor Acceptance Corp stating they were with XXXX XXXX debt collector. ( See attached evidence ). 

As I have no contract with XXXX XXXX XXXX collector, it is believed that XXXX XXXX debt collector and Nissan Motor Acceptance Company have violated 15 U.S. Code 1692c - Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt There has not been any communication via the United States Postal Service as of the date of this complaint and this complaint is to address this act of trespass by Nissan Motor Acceptance Company and the alleged debt collector calling themselves XXXX XXXX debt collector. There is, however a derogatory mark on 3 credit reports ( see attached evidence ) that has been there for at least 3 years now and has caused harm and injury to my credit. The car was taken and most likely disposed of at the direction of Nissan Motor Acceptance Company or its assigns.

Maxim of Law 39d. Proof is the effect of evidence ; the establishment of a fact by evidence. XXXX XXXX XXXX, XXXX XXXX XXXX ; XXXX S.E. XXXX. 

Maxim of Law 59n. According to the laws of nature, it is just that no one should be enriched through detriment and injury to another, i.e., at another 's expense. Dig. 50, 17, 200. 

Maxim of Law 59o. Law is a rule of right ; and whatever is contrary to the rule of right is an injury. 3 Bulst. 313 The name on the acct, XXXX XXXX XXXX and any derivative of said name is a registered trademark with the United States Patent and Trademark Office bearing Trademark Registration 6,862,048 having full force and effect from XX/XX/XXXX. ( see Certified Copy of Registration dated XX/XX/XXXX ). 

Maxim of Law 91x. When a man has the possession as well as the right of property, he is said to have jus duplicatuma double right, forming a complete title. Bract. lib. 4, tr. 4, c. 4 ; 2 Bl. Comm. 199, 311.