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  • Final Notice and Default Judgement

    Posted by rtw711 on May 10, 2024 at 12:31 pm

    In Module 14, Exerting Pressure Points to Settle any Matter, in the Final Notice of Demand and Default Judgement document it states the following:
    “4. Therefore by legal definition, by your client’s action in keeping the promissory note and not returning it with the not negotiable contract to the drawer within 72 hours of receiving it, has your client not already agreed the liability against the drawer – creditor is already discharged?”

    1. If the matter pertains to promissory notes, the use of the word “drawer” would have to be replaced with “maker” wouldn’t it?

    2. If the lawyer acting on behalf of a loan company that defaulted on accepting payment by way of a promissory note to discharge a loan responded with:

    “We manage the loan on behalf of the Lender, ABC Loan Company Pty Ltd”, can the loan company be considered to be their client or not in this situation? Therefore, would it be appropriate to refer to the loan company as the lawyer’s client (if they are working for the loan company) in the Notices of Demand for Payment of Debt addressed to the lawyer? My understanding, is you wouldn’t in this situation.

    Note the lawyer signed their name in their correspondence to us when sending their Notice of dishonour as follows:
    John Doe
    Solicitor
    ABC Loan Company Pty Ltd

    • This discussion was modified 1 year, 1 month ago by  rtw711.
    rtw711 replied 1 year, 1 month ago 1 Member · 0 Replies
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