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Old 06-30-2009, 10:15 AM
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bgbluocean is on a distinguished road
Certificate of Dishonor effectively used for Declaratory Judgement

I was battling a quite title controversy over a Dodge truck.
Facts:
  • Out of state truck contracted to me by an un-notarized contract.
  • The owner failed to deliver the title and the truck is here in Florida from Arkansas.
  • The Florida DMV will/would not entertain any transfer of title given there is no bill of sale and no title. The un-notarized contract was understandably insufficient.
  • The truck was registered, expired, in another State other than Florida; and when I contacted the DMV in the other State, they would not provide any information or services unless I went to the out-of-state DMV in person.
  • The due diligence affidavit, that accompanied the civil action, was suggested to have me hire a PI, somehow get the sellers utility company to give out information on the seller, and a whole host of other impossible things requiring travel out-of-state, travel expenses, time, money, lodging, risk; all given the fact that the seller resides out-of-state
  • The only evidence I produced was the Certificate of Dishonor which took 20-days and the cost of a notary (no PI, or interstate travel, etc).
  • I think I have stressed the fact that the controversy was interstate ....


Resolution:

1. I created the Letter Rogatory supported by an Affidavit in Negative Averment.
2. I petitioned a notary by affidavit to begin a protest.
3. The notary sent the Notice of Dishonor (with presentment attached) via certified return receipt;
4. Then the notary sent the Notice of Protest 1-page notice via delivery confirmation;
5. Then awarded the stipulations in the Letter Rogatory to me with copies sent to the seller.
6. I opened a civil case with 2 attachments attached; one being an Affidavit of Due Diligence with the evidence of due diligence being the Certificate of Dishonor and the second being an Affidavit for Title.
7. One week later the court delivered the Declaratory Judgment.
8. The truck is not titled and registered to me.


For the mailings of notices, I had the notary use my US Postal product called, "Firm Mailing Book For Accountable Mail" having bound pages of USPS Form 3877, I obtained freely from the Post Office.
I used this form of confirmed mailing because of this case:
Litchfield Cavo LLP 1_article6.html

The court in this case ruled that the insurance company's sending a Notice of Cancellation via certified mail was insufficient since "... the insurer's records did not represent a "recognized U.S. Post Office form or a form acceptable to the U.S. Post Office or other commercial mail delivery service."

The commentator states:
"But it is not difficult to determine what constitutes a "recognized U. S. Post Office form or a form acceptable to the U. S. Post Office" for purposes of the Illinois Insurance Code. We recommend a visit to the local post office, or using the U.S. Postal Service Internet site at USPS - The United States Postal Service (U.S. Postal Service) to search for "Certificate of Mailing." The USPS Certificate of Mailing service includes an individual certificate of mailing, PS Form 3817, that costs sixty cents. A mass mailer ... can obtain PS Form 3877, Firm Mailing Book for Accountable Mail,..."

The 3877, unlike the 3817, has a spot where the US Postal Worker and the Sender sign the form which then receives a Post Date Stamp. I like having the postal workers' affirmation that they personally confirmed the address of the mail and the address in the 3877.

In the future I will even have someone take the mail and the Firm Mailing Book to mail the information so there are 2 persons' signatures (other than my own) in the book - a la "out of the mouth of 2 or 3 comes the truth", with the sender writing a certificate of content/service describing the contents of the envelope(s).
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