Affidavit For Bad Debt Loss: Fill & Download for Free

Failure will never overtake me if my determination to succeed is strong enough.{Amitab Bachchan, known as Big B needs no introduction, his charisma is unrivaled. He first gained popularity in the early 1970s as the Angry young man of Hindi cinema or Bollywood, and has since become one of the most prominent figures in the history of Indian cinema. He is the most-nominated performer in any major acting category at Film fare, with 36 nominations overall. In addition to acting, Bachchan has worked as a playback singer, film producer and television presenter, and was an elected member of the Indian Parliament from 1984 to 1987. In 1999, in a BBC Online Poll, Amitabh Bachchan was named the Superstar of the Millennium. In June, 2000 he became the first living Asian to have a wax statue erected in his honor at Madame Tussaud’s. like all others he also taken some bad decisions, worst of it’s being starting ABCL . What is ABCL?In 1995 Amitabh started Amitabh Bachchan Corporation Ltd(ABCL) that specialized in film production and event management. It was a pioneering attempt to evolve a corporatized entertainment company on the lines of the Hollywood studios. The company burst into the limelight in 1996 when it brought to India the Miss World Pageant.But in its tearing hurry to grow and expand, it seemed to have spread itself too thin without proper planning and management control.ABCL – what did it do? What was it all about? Anything and everything to do with the entertainment business – for eg:- Make films, once you make films you distribute them, you sell the music of the film, you manage the actor who act in the films, and you have an event management group that could leverage on the actor’s brand equity as well. Then in related areas you get into television production, as also in the lucrative area of selling commercial time on television.In keeping with the vision the group moved fast, recruited 150 people, launched 15 films with cost per film ranging from Rs 3 to 8 crores, got distribution rights for Bombay and Bandit Queen – both of which were successful at the box office – got into music with Aby Baby, Diljale, Rakshak, Tere Mere Sapne etc, and of course on the event side the Miss World Pageant and the BPL Dandia.Miss World PagentMiss World 1996, the 46th Miss World pageant took place on November 23, 1996 in the city of Bangalore, India. 88 contestants from all over the world took part in the prestigious pageant. By the end of the night,Irene Skilva of Greece took home the title.ABCL’s attempts at event management threw up more fits than profits. The Miss World contest, its first such attempt, was riddled with controversies, beginning with protests from women’s groups and ending with the Spastics Society publicly denouncing the company’s inability to pay up its promised charity until recently. The Miss World international organization expected a fee of $2 million from the local event manager. Along with other costs, ABCL would have run up a bill of an estimated $5 million (Rs 17.5 crore). Even a modest estimate puts ABCL’s loss at about Rs 4 crore.The first year the company did achieve its target turnover of Rs 65 crore and made a profit of 15 crores. But that growth was not substantiated in the second year.Trouble started between Bachchan and their professional managers when Amitabh agreed to do stage shows in North America. The professional managers became upset that the booking were not done through ABCL. The impasse finally resulted in change of top team. Out CEO Sanjiv Gupta In Gautam Berry. But the conditions did not improve. Its productions like Mrityudaatha all failed dismally .In 1999 ABCL was facing an unprecedented liquidity crunch. Substantial funds were blocked in production and distribution of films; staff salaries were not being paid on time; and public confidence has nosedived.In March 1999, hounded by creditors led by India’s public broadcaster Doordarshan and Canara Bank, ABCL approached the Board of Industrial and Financial Reconstruction to seek protection under the bankruptcy laws.The Bombay high court restrained Bachchan from selling off his Mumbai bungalow ‘Prateeksha‘ and two flats till the pending loan recovery cases of Canara Bank were dealt with.Bachchan, however, pleaded that he had mortgaged his bungalow to Sahara India Finance for raising funds for his company. The Indian Board for Industrial and Financial Reconstruction declared Amitabh Bachchan Corporation Limited a ‘sick’ company with a debt of US$14m. Bachchan explained: “Our friends advised us to close this losing venture and move on but we decided to clear all our debts despite huge losses and re-start the production of films“.“It is only my conscience that kept me going,” the legendary actor said. “Many businessmen and financial advisers told me that I should give up ABCL and start a new life. But somewhere I felt that I owe people money. People had put faith in ABCL because of my name. Therefore, I could not let it go easily.”“There was a sword hanging on my head all the time. I spent many sleepless nights. One day, I got up early in the morning and went directly to Yash Chopraji and told him that I was bankrupt. I had no films. My house and a small property in New Delhi were attached. Yashji listened coolly and then offered me a role in his film Mohabattein,”“I then started doing commercials, television and films. And I am happy to say today that I have repaid my entire debt of Rs 90 crore and am starting afresh,” Bachchan said.ABCL was down and out, but AB the star wasn’t. Big B was back with a bang by 2000, this time on the small screen with Kaun Banega Crorepati—a series that revived his fortunes along with those of the STAR Plus. This was at a time when most movie stars saw television as a step back in their career but Bachchan changed that perception. Estimates reveal that Bachchan earned Rs 15 crore for 85 episodes of the show. The rush of endorsements that came his way, like the ICICI Bank endorsement deal for Rs 10 crore, helped Big B pay back creditors and clean up ABCL’s balance sheet. Helping him in his hour of need were Subrata Roy of the Sahara group and Samajwadi Party general-secretary Amar Singh. At sixty plus, Amitabh Bachchan became a greater icon.In March 2012, according to the affidavit filed by Jaya Bachchan as Samjwadi Party candidate for Rajya Sabha, She alone has movable and immovable assets of nearly 100 crore and with Amitabh Bachchan around 500 crore. }source:- Amitabh Bachchan - from bankruptcy to crorepati

Theft by deception is a type of theft crime where an individual uses false pretenses to gain control of someone's property, such as stealing another's Social Security number by pretending to need it for a government agency or obtaining another's money through a pigeon drop scam. It applies to the following offenses: Making gain or causing loss by deception, contrary to section 6 of the Criminal Justice (Theft and Fraud Offences) Act, 2001. ... Procuring the execution of a valuable security by deception, contrary to section 11(2)(a) of the Criminal Justice (Theft and Fraud Offences) Act, 2001.How do you describe deception?Deception is a trick or scheme used to get what you want, like the deception you used to get your sister to agree to do all your chores for a month. Deception occurs when you deceive, a word that comes from the Latin demeaning "from" and capere, meaning "to take." ... That's a way of describing deception. An example of deception is when you tell someone you are 30 when really you are 40.What are the types of deception?In computer-mediated communication, there are various types of possible deception such as category deception (gender switching), attractiveness deception, or identity concealmentWhat is the purpose of deception?Deception in Research. Definition: Deception occurs as the result of investigators providing false or incomplete information to participants for the purpose of misleading research subjects. The IRB accepts the need for certain types of studies to employ strategies that include deception.The term non-sufficient funds (NSF), or insufficient funds, refers to the status of a checking account that does not have enough money to cover transactions. ... If a bank receives a check written on an account with insufficient funds, the bank can refuse payment and charge the account holder an NSF fee. Non-sufficient funds are the term used when the holder of a checking account is overdrawn — meaning there is not enough money in the account to pay the check written against it. The bank returns the “bounced” check to the account holder and charges a returned-check charge or a non-sufficient funds (NSF) fee.Which describes the purpose of non-sufficient funds fees?What Are Non-Sufficient Funds? Banks use the term non-sufficient funds (NSF) to describe a payment that cannot be made because the spender's account does not have enough money in it to cover the total amount. ... When you spend more than you have in an account, the bank will charge fees to your account.Can a check clear with insufficient funds?Most checks from banks inside of the United States will clear—or bounce—within a few business days. ... In that case, the check won't bounce due to insufficient funds, but the account owner will not appreciate having their money stolen.How much does a bad check have to be a felony?The law makes it a crime to knowingly write a check for which there are insufficient funds in the bank. The crime is a misdemeanor if the amount of the check is less than $500, but it jumps to a two-year felony if it exceeds that amount or the person writes more than three bad checks in a five-day period.What happens if someone writes you a bad check and you cash it?If someone writes you a bad check and you deposit the check at the bank, or cash it at your bank you will be penalized. They will charge you a fee for the bounced check and it may take a couple of days for it to reflect.Can you go to jail for bad checks?As with many criminal charges, writing bad checks, also called check fraud, can result in jail time. Criminal laws on bad checks can vary based on the circumstance of the check. Writing a bad check is what is considered a wobbler crime in California. ... If the amount is over $450, you can be charged with a felony.Can you go to jail for cashing a bad check?Anybody can accidentally cash a bad check, and it won't result in a crime or any punishment, although you will incur a fee to your bank. But if you knowingly cash a bad check, you may be charged with a misdemeanor or a felony, and you could face jail timeNow, let’s tackle the question head-on: somebody wrote you a check that bounced. Did you knowingly take a check that bounced- like, before you deposited that check, did you know that it was not going to clear? because if you did, that could be constituted as a fraud. And lots of people do this. I have come across folks who would write themselves a check and deposit it into the bank overnight so that their bill payments could clear the next day. Another thing- do you make it a habit of writing bad checks?, because, if the bank has already taken money for the NSF fees, where are they still charging you with theft by deception?. Sounds like they are not buying the story that you are selling. It’s possible that they have done their own investigation and found you wanting, and guilty- because banks do that stuff you know, they have their own investigators. So, it seems to me that the onus is on you, but just so you understand, take a serious look at the information below:Burned by bad check? Fight backTalk about adding insult to injury. If you deposit a bad check into your bank account, you’ve lost that money, plus there’s a good chance the bank or credit union will whack you with a fee — may be $15, $25 or more.Why? Because you’re in the best position to determine if the person you accepted the check from is a good risk, says John Hall, spokesman for American Bankers Association.“The bank has never met this person and has no relationship with them. You are liable because you decided to accept a check from this person.”With an increasing number of consumers selling personal items or services to other individuals, it’s certain that more and more people will find themselves stuck with an occasional bad check. Businesses generally have more clout and financial wherewithal to deal with bad checks; for consumers, it can be a much more trying experience.Not only will you be stuck with the bounced check and possibly a “deposit item returned” fee; your bank might charge you with nonsufficient-funds fees if any checks you wrote bounced because you didn’t have as much money in your account as you thought.If accepting bounced checks isn’t a habit, you should explain the situation to your bank and see if they’ll waive the fees. But the main job ahead of you is recovering the money owed to you by the bad-check writer.Your optionsThe first thing to do is call the check writer and ask that they come up with the money. It may have been an innocent mistake that can be made right with an apology and a payment.If that’s not the case, then check with your state attorney general’s office because bad-check law varies from state to state, and you may find that you have options other than small claims court.Most states require that you send the check writer a certified letter. Ask that the money be paid by money order or certified check. You can also request to be reimbursed for the bad-check charge imposed by your bank. Some states require the check writer to respond within 10 days; others allow 30 days.If the check writer doesn’t respond or refuses to pay, you can go to small claims court. The clerk’s office will give you instructions on how to proceed. You’ll need to bring evidence — the original bounced check, a copy of the certified letter you sent to the check writer, any responses you received from the check writer and a bank statement that shows a fee for depositing a rubber check.Small claims courts generally limit losses to up to $2,500 or $3,000, but some go as high as $5,000. The clerk’s office can tell you what damages you can recover in addition to the original amount of the bounced check plus court fees. In some states, you can sue the person for up to three times the amount of the check. You’re also entitled to interest if the debt is paid over time.But suing someone and actually getting your money back are two different things, says Lynn Goldberg, vice president of New York-based National Credit Systems.“Suing someone is a real quagmire. You can go through the justice system, sue, get your day in court and win a judgment. The problem is the judgment is nothing more than a piece of paper. There’s always the problem of getting the money. An individual executing a judgment, well, it’s something the average person just doesn’t know how to do.”Don’t be discouraged; a lot of defendants pay up when the judgment is made. But if the culprit doesn’t pay within a stipulated time, usually 20 to 30 days, you can go back to court and try another avenue such as wage garnishment or a lien against a property. Judgments are usually good for about 10 years and can be renewed, so you have a long time to recover the money.Keep in mind, the defendant has the right to appeal and doesn’t have to pay anything during the appeal process.One hitch is that small claims courts have limited jurisdictions. If you accepted a check from someone in another state, you may find that you’ll have to go to a higher court to sue.“You could get a judgment in your state, but now you have to bring that judgment to the person who wrote the check. You have to take it to the state where that person is located and get a court in that state to enter the judgment,” says Gerry Goldsholle, an attorney, former prosecutor and founder of Advice Company.“So, now the local sheriff or marshal exercises attachment or levies powers against the person’s property in that state. But you’ll have to pay sheriff’s fees; now you’re out a lot of money.”And that’s the rub: You could soon incur more costs than the original debt. Somewhere along the line, you may have to decide whether it’s worth continuing. If the amount owed is large enough, you may want to consider hiring an attorney or a collection agency to handle the situation for you.Your local government may helpAnother option, if you’re lucky enough to have one in your area, is a state or district attorney’s check-recovery unit. These offices vary in the depth of services they perform, but some are very aggressive and take a huge amount of the workload of the victim’s shoulders.In Mobile, Ala., the Mobile County check-enforcement unit operates out of the district attorney’s office. Bad-check writers are given a chance to settle up, but perpetrators who don’t cooperate could be arrested, according to spokeswoman Debra Powell.“A lot of people don’t make the distinction that this is a crime. We tell them there’s a warrant for their arrest and give them five days to come in. We try to work with them as long as we don’t consider them a predator. But if they’re evasive, we’ll go after them. We’ll find them at work or dropping their kids off at school.”Powell says the victim is expected to send a certified letter to the check writer. If the check writer fails to respond, the victim can come to the check recovery unit and start the process.“We enter the check into our computer and create a warrant and an affidavit. Then we take the victim and the paperwork to a magistrate where the victim swears the claim is true and correct. Everything is placed in a court file and we then send a letter to the check writer. We give them five days to respond.“If they come in, they have to pay the face amount of the check plus a $30 fee to the victim. They also have to pay us a $94 warrant fee. If they don’t come in, we go after them. If they’re supposed to show up for any other court — traffic court, divorce court — we’re there waiting to arrest them.”Powell says her unit collected over $2 million in the past year.Limit the payment optionsThe obvious lesson in all of this is to not accept personal checks. But for people dealing locally with one another or sometimes even out of state, it understandably can be easier to use a check, but it’s not wiser.A seller isn’t likely to wait until the check clears before taking delivery of the merchandise. John Hall of the ABA says you can’t call a bank and ask if there are adequate funds to cover the check because privacy laws would prevent them from giving you that information.According to the ABA, only about 1 percent of all checks bounce. But some 40 billion checks are written every year, so that’s about 400 million checks that bounce. You can lessen your chance of becoming a victim and avoid the hassle and expense of taking someone to court by requesting that buyers pay you by money order, certified check or a money transfer by Western Union.You could even use services such as PayPal and Escrow.com | Never buy or sell online without using Escrow.com., which are frequently employed by people who buy and sell over the Internet. This is very much a situation where an ounce of prevention is worth a pound of cure.True story: and something to think about. About 15 years ago, myself and 5 other people took this guy to small claims court, for money we paid him to get us janitorial contracts. Did I mention that we got zero contracts, and lost access to him when he conveniently stopped answering our calls, for the return of our checks that we paid him?. Long story short- we went to court and won, however, we soon found out, that didn’t mean squat. We did not receive a penny- since he transferred his assets into someone else's name(and some other crooked stuff). After months of constantly going to court, we just got tired of it and gave up. I say all this to say that sometimes you win, but still, lose!!Here come the cops!

In a simple response, yes the argument does work but unfortunately, most listen to a few videos read a small amount of literature on the subject and think that's it, and it is not.some even think that living in the private means they can do what they want and these are the people that give the movement a bad rap. You must still obey the common law which is very simple.Keep the peaceCause no harmCause no lossCommit no fraud in your dealings with others.In my books that pretty well covers everything don’t you think?Walking into court and declaring you are a freeman on the land will most definitely get you arrested or at least thrown out of the court. You must first understand the deception before you can win anything in court. After many visits to the court jail, I learned something each time. Now, I don’t even attend court I just send in a copy of my Claim Of Right and Letter of Understanding and Intent (Canada).The first rule is to always be polite and show the utmost respect to your fellow human beings.I like to enter the court after the judge has entered because the bailiffs get all rowdy when you don't stand when the judge or justice enters. If you stand when he enters you are accepting his authority (You lose)If you walk up to the bar without the justice agreeing that you will maintain your common law jurisdiction (you lose)If he calls your name and you say yes that's me (you lose)The courts assume you are acting in the capacity of the legal fiction attached to you rather than a living breathing man of free will created by and under God until you rebut that assumption.The first thing I do when my name is called is to Identify myself as the administrator of that account and a potentially injured third party and place my social insurance number on the stand.Then I communicate to the justice that I am here as a special appearance and wish to enter into a discussion about the matter (whatever it is). There are three parts to the law. Discussion, negotiation, and adjudication. Usually, they just bump you straight into court and skip the first two parts which are a burden on the courts.These are just a couple of examples that do work. You must understand that in court in order to win you must remain in honour. You must realize that everything they order or command of you is an offer. In order to stay in honour, you need to accept but with conditions or conditional acceptance. Your options to an offer are:Ignore - This puts you in dishonour and is acceptance.You can argue and contest - This puts you in dishonourWe can reject the offer or refuse for cause, without dishonour, as long as it is an erroneous claim and there is no liability evidenced (see UCC 3-501)We can accept - In honour but totally their terms (not good for you)We can conditionally accept - In honour. upon proof of claim or proof of controversy before the court.I accept your offer providing you can prove this and this (depending on what you are discussing) (Good for you bad for them)For example. One time I deposited a promissory note that I created into the bank machine. I made it small so it resembled a check (this was a while ago you can't do it now because cheques are made of special paper and the machine will detect it) and then withdrew the money. $1000.00. on a Sunday. By Monday night the police were at my door and I was being charged with fraud.I appeared in court and when asked for plea I simply stated I do not consent and waive all benefits. They kept telling me I must plea Guilty OR Not Guilty. I repeated this several times until they just got upset and the crown ( prosecutor) started on about the promissory note I had deposited and was that my signature on the note. I asked politely was there a problem with that instrument? If there was I will fix it right now and resolve the matter.He then stated that I could not deposit a promissory note at the bank and that it was a fraud.I pointed out that a promissory note was the same as cash according to the Bills of Exchange Act and I did not understand what the problem was.He countered telling me that the Bank does not accept promissory notes.I stated that they must accept them as every loan is a promissory note to repay with interest.Then He stepped up and stated that although I was correct it is in your agreement with the bank when I opened the account that I give up the right to deposit promissory notes.I stated that I had read that in the agreement but the bank, however, did not give me the list of terms and conditions until after I had signed and opened the account and therefore the agreement meant nothing.Can the bank prove I read the agreement before signing? (This is the discussion part). None the less, it ended abruptly with an order to return to court in two weeks and I must be prepared to make a proper plea. This matter is not over.Approximately ten days later I received a letter from the court advising me that the charge had been stayed and should any further charges be pending I would be notified. Never heard from them again with regard to this matter. I never repaid the $1000.00. The bank did however close my account.My refusal to consent to their bullshit put things in a tizzy. So much so they immediately started the discussion themselves hoping I would slip up and they could use what I said against me in a later court appearance. But who walked away from the charges and $1000 dollars richer legally and lawfully.My advice is this. If you learn the law and step carefully in their domain (equity) be prepared to be intimidated, threatened, and verbally abused and occasionally thrown in jail. Read legislation with a legal dictionary as their English (legalese) has very different definitions to words than does regular English. Their weapon is language. Learn it and be free.The most powerful document is an affidavit that is not contested. A lawyer will never submit an affidavit for you unless you force them to. In Equity an uncontested affidavit is the highest truth.