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Under the surety agreement, I was obligated to pay DRAKE $4,015.00 Baill Bond Premium.

The Uniform Commercial Code [“UCC”] section 3310 clearly provides that an obligation is either [suspended] or [discharged] when a personal check or cashier's check, respectively, is taken for an obligation, to the same extent discharge would result if an amount of [money] equal to the amount of the instrument were taken in payment of the obligation.

Here, the surety agreement was executed on January 10, 2004 and a personal check was accepted by DRAKE for obligation of $4,015.00 therefore, the obligation was [suspended] until fully [discharged] by the following cashier's check in amount of $4,040.00 received by DRAKE on or about March 3, 2005.

In addition, “No interest accrues during the suspension of the obligation, which extends until the point of discharge [Citation]” (Long v. Cuttle Construction Co. (1998) 60 Cal.App.4th 834 , 70 Cal.Rptr.2d 698)

 

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Inspite of the above paimeent in full, on or about August 11, 2004, DRAKE filed wrongful lien against my property for purpose to [extort] additional $4,791.82 from me as shown below.

 

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