Escolar Documentos
Profissional Documentos
Cultura Documentos
Non-negotiable <True_name>
In care of:
<True_Steet>
Near: <CityOnly>,
[<Post_Code>]
<CommonwealthRepublic>
Notice of Final Payment and Concurrent Billing Dispute Error Via
Private Administrative Remedy No. <TitleNo>
This Notice of Final Payment and Concurrent Billing Dispute Error Via Private Administrative Remedy No. <TitleNo> is binding
upon every principal and agent re the subject matter set forth herein below.
Account # <Account_Number>
Final Payment
This Billing Error Dispute Notice establishes prima facie evidence as to the assertions made
herein, and is taken pursuant to the Truth in Lending Act & Fair Credit Billing Act, 15 USC
Sec. 1666 et seq. and Public Law 93-495 – October 28, 1974, and 12 CFR 226.13, et seq.
Important Notice
THIS IS NOT A REQUEST FOR COPIES OF MONTHY STATEMENTS OR A COPY OF A SIGNED
PROMISSORY NOTE. THIS IS A REQUEST THAT YOU MAKE APPROPRITE CORRECTION TO
THIS ACCOUNT, OR IN THE ALTERNATIVE, THAT YOU PROVIDE A COMPLETE WRITTEN
EXPLANATION IN THE NATURE OF A REPORT AS TO WHY YOU BELIEVE THAT THE STATED
BILLING ERROR IS INCORRECT (INCLUDING PRODUCTION OF DOCUMENTED “EVIDENCE”
Affidavit
2. The Undersigned Affiant, <True_name> hereinafter “Affiant”, having attained the age of
majority, competent to testify, does hereby solemnly state that the truths and facts
herein are of my own firsthand personal knowledge, and are true, correct, and
complete, certain and not misleading, so help me God.
Introductory Certification
6. DEBT COLLECTOR’S monthly statements are inaccurate for they should reflect a bank
liability (money owed to Affiant), and not a debt.
7. Affiant is hereby requesting that the error be corrected, and that any finance and other
charges related to the disputed amount be credited to properly reflect the transactions
that occurred irrespective of your acceptance of Affiant’s novation i.e. notice of final
payment “Accord and Satisfaction”.
8. This Billing Error is limited to DEBT COLLECTOR’S failure to credit Affiant’s account for
credits received, as explained herein, and is not to be construed as alleging anything
else.
"Of course, they (the banks) do not really pay out loans from the money they receive
as deposits. If they did this, no additional money would be created. What they do
when they make loans is to accept promissory notes in exchange for credits to the
borrower's transaction accounts."
10.Account Ledger:
DEBT COLLECTOR accepted Affiant’s signed promise to pay, receipts, notes or other
similar instruments as bank money, creating and issuing new credits to Affiants
account that resulted in a bank liability (money owed to Affiant).
11.Payments to merchants and other financial institutions:
DEBT COLLECTOR used Affiant’s new credits to pay merchants or other financial
institutions for charges to the account.
12.Monthly Statements:
DEBT COLLECTOR failed to enter the new credits on Affiant’s monthly statements.
13.Additional Payments:
DEBT COLLECTOR received additional payments, interest and other finance fees,
which should have been posted as additional credits to the account, resulting in a
bank liability.
[X] The Billing Error stated herein represents: “(4) A reflection on a periodic
statement of the DEBT COLLECTOR'S failure to credit properly a payment or other
credit issued to the consumer's account; (5) A reflection on a periodic statement of a
computational or similar error of an accounting nature that is made by the DEBT
COLLECTOR; (6) A reflection on a periodic statement of an extension of credit for
which the consumer requests additional clarification, including documentation
evidence.”
15.POSTING DATE(S):
18. An acknowledgment of the dispute within ten (10) days. 15 USC Sec. 1666(a)(3)(A);
19. If the error is not corrected, a written explanation report following a reasonable
investigation, including the production of documentation evidence, within ninety (90)
days. 15 USC Sec. 1666(a)(3)(B)(ii); and
20. No restrictions or adverse actions on the account, pending resolution. 15 USC Sec.
1666(d).
Fair Credit Billing Act Violations: Failure to follow the rules pending resolution:
21.Relinquishment of the right to collect any alleged debt on the account. 12 CFR
226.13(d)(1);
23.Potential criminal liability for willful and knowing violation of the FCBA and other Truth in
Lending provisions. 15 USC Sec. 1611(1)&(3).
Conditions for Withdrawal of Dispute:
24. Affiant hereby states that this Billing Error Dispute shall be withdrawn if DEBT
COLLECTOR verifies the following statements under oath:
a. That DEBT COLLECTOR does NOT follow Generally Accepted Accounting
Principles hereinafter “GAAP”, or the Federal Reserve Bank’s policies and
procedures;
b. That DEBT COLLECTOR did not create any new credits from Affiant’s signed
promise to pay, receipts, notes or other similar instruments, and use said new
credit to pay for the charges to the account in question;
c. That DEBT COLLECTOR used their own assets or other depositor’s money to
fund the charges on the account;
d. That Affiant is not entitled to have the account credited for any form of
payment that they accept as money and/or assets under GAAP, or otherwise;
and
e. That the foregoing was disclosed to Affiant on a specific date in a document
that is attached and incorporated into the affidavit or oath.
25. Failure to verify the above five (5) statements under oath shall constitute additional
proof that the stated Billing Error is correct.
25. Affiant hereby gives DEBT COLLECTOR notice that this written communication
constitutes express written notification that Affiant with full knowledge of the facts
stated herein, reserves and maintains all rights herein prescribed by Law, and with full
and complete disclosure hereby declares as fact:
(a) The above-referenced debt is subject to UCC § 3-311 Accord and Satisfaction by
Use of Instrument, House Joint Resolution 192 of June 5, 1933, Public Law 73-10
and Public Policy where it states in part: “Every obligation, heretofore or
hereafter incurred, whether or not any such provision is contained in or made
with respect thereto, shall be discharged upon payment, in any coin or currency
which at the time of payment, is legal tender for public and private debts..” This
is further codified at Uniform Commercial Code, hereinafter “UCC,” §§ 3-310(b),
311, 3-603(b);
26. Affiant, without waiver of any defense, and for the purpose of resolving this matter in
good faith, hereby offers as security a surety bond, attached hereto, as a remedy for
DEBT COLLECTOR in the event DEBT COLLECTOR is damaged as a result of Affiant’s
undertaking and execution of Affiant’s Private, Administrative Remedy.
27. Tender of this surety bond is in good faith, in the event DEBT COLLECTOR complies with
paragraph 23 of this document “Conditions for Withdrawal of Dispute”.
28. The time for DEBT COLLECTOR to respond or rebut this Notice of Final Payment and
Concurrent Billing Dispute Error as stated above, is set at ten (10) days, not including
day of service, and must be done in writing and any such communication must be
signed by a person under commercial liability under penalty of perjury. Any response
from DEBT COLLECTOR and likewise from DEBT COLLECTOR’S agent that is not
performed under commercial liability under penalty of perjury, and likewise an
incomplete response, shall constitute a dishonor by way of non-response and DEBT
COLLECTOR’S acceptance of Affiants instrument tendered as a “novation” (Accord and
Satisfaction).
37. DEBT COLLECTOR further consents and agrees that failure to produce a counter-affidavit
addressing each issue or material fact on its own merits point for point, that;
(a) DEBT COLLECTOR and its offices have yielded to Estoppel, Waiver, Fraud, nemo
debet bis vexari pro una et eadem Causa and DEBT COLLECTOR’S willful refusal
may subject DEBT COLLECTOR to civil liability/criminal punishment;
(b) DEBT COLLECTOR waives any and all claims against Affiant;
(c) DEBT COLLECTOR agrees to compensate Affiant for all costs, fees and expenses
incurred in defending against this and any and all damages re the above
referenced account; and
(d) DEBT COLLECTOR agrees to provide the books, records, ledgers, balance
sheets, and the like, at Affiant’s request for purpose of 1verification of proper
accounting re Affiant’s account per 15 USC § 1666.
38. DEBT COLLECTOR tacitly consents and agrees to bring forward a full assessment of all
monies, credit, or lawful tender in DEBT COLLECTOR’S possession, or posted to its
books, records, ledgers, balance sheets, and the like, that originated from Affiants wet-
ink signature or signature fixed by DEBT COLLECTOR on behalf of Affiant on any
application, document, or instrument.
39. DEBT COLLECTOR tacitly consents and agrees to remunerate, to Affiant, all monies,
credit, or lawful tender in DEBT COLLECTOR’S possession, or posted to its books,
records, ledgers, balance sheets, and the like, originating from Affiants wet-ink
signature or signature fixed by DEBT COLLECTOR on behalf of Affiant on any application,
document, or instrument.
40. DEBT COLLECTOR tacitly consents and agrees to provide Affiant with verification1
whereby DEBT COLLECTOR loaned DEBT COLLECTOR’S own assets, other depositor’s
funds, or DEBT COLLECTOR’S own credit to “fund’ the “loan” per the Fair Debt Collection
Practices Act.
41. DEBT COLLECTOR tacitly consents and agrees to provide Affiant with verification1
whereby DEBT COLLECTOR is the originator of the “loan” and that DEBT COLLECTOR did
not use Affiant’s good credit to create the funds for the “loan” per the Fair Debt
Collection Practices Act.
42. DEBT COLLECTOR tacitly consents and agrees to provide Affiant with verification1 where
DEBT COLLECTOR loaned substance or if Affiant provided the funds through Affiant’s
wet-ink signature on the promissory note to “fund” the “loan” per the Fair Debt
Collection Practices Act.
43. DEBT COLLECTOR tacitly consents and agrees to provide Affiant with verification1 to
determine whether the “loan” was posted as an asset and/or liability on any of DEBT
COLLECTOR’S books, records, ledgers, balance sheets, and the like per the Fair Debt
Collection Practices Act.
Notice of Final Payment and Concurrent Billing Dispute Error via
Private, Administrative Remedy Demand
Form No.<TitleNo> Page 7
of 17
44. DEBT COLLECTOR tacitly consents and agrees that any administrative payments,
overpayments, deposits, security deposits, and the like, made by Affiant shall not be
construed as acceptance of a certain “kind” or “specie” of payment required for the
proper settlement and/or discharge of the debt per House Joint Resolution 192 of June 5,
1933, Public Law 73-10, Public Policy, and Guaranty Trust Co. of New York v. Henwood,
et al, 307 U.S. 24.
45. DEBT COLLECTOR tacitly consents and agrees to refund any and all administrative
payments, overpayments, deposits, security deposits, and the like, made to DEBT
COLLECTOR prior to, or subsequent to, the submission of Affiant’s Instrument,
immediately upon receipt of written request from Affiant.
46. Any telephonic, electronic, facsimile communication received from DEBT COLLECTOR
may be used to support the basis of a case/counterclaim against DEBT COLLECTOR, and
likewise against DEBT COLLECTOR’S agents, and any information obtained in the course
of addressing claims/counter-claims such as by DEBT COLLECTOR’S commissions,
omissions, and the like, may be used for that purpose.
47. DEBT COLLECTOR tacitly consents and agrees that DEBT COLLECTOR has a duty to
prevent this matter from damaging Affiant in any way in both the public and private
record, and DEBT COLLECTOR further consents and agrees to correct all derogatory
reports made in both the public and private record that may have been issued by DEBT
COLLECTOR.
48. DEBT COLLECTOR further consents and agrees that DEBT COLLECTOR’S failure to
provide the requisite verification1 is a breach of contract creating fraud through material
misrepresentation which vitiates all forms, contracts, agreements, etc., expressed or
implied, from the beginning per UCC1-103.
49. DEBT COLLECTOR confesses judgment and Affiant reserves the right under the equal
protection of law to:
(a) Initiate a counterclaim against DEBT COLLECTOR;
(b) File a claim against the bond of any responsible party, including DEBT
COLLECTOR and all principals, agents, and assignees of DEBT COLLECTOR, whose
acts/omissions result in tort damages against Affiant.
50. DEBT COLLECTOR tacitly consents and agrees that DEBT COLLECTOR will provide
Affiant, upon receipt of Affiant’s written request, any and all information re DEBT
COLLECTOR’S bond which includes, but not limited to, DEBT COLLECTOR’S agent, surety
company, bond numbers, effective dates, and terms of the bond.
51. Due process of law is guaranteed both Affiant, and alleged debtor DEBT COLLECTOR’S
Office of Risk Management, and is codified at 18 USC §§ 1581, 242, 241, 4, at 15 USC §
1692, and elsewhere.
Verification
52. The Undersigned Affiant, <True_name>, does herewith swear, declare, and affirm that
Affiant issues this Affidavit with sincere intent, that Affiant is competent to state the
matters set forth herein, that the contents are true, correct, complete, and certain,
admissible as evidence, and reasonable and just in accordance with Affiant’s best
firsthand knowledge and understanding.
Notice of Final Payment and Concurrent Billing Dispute Error via
Private, Administrative Remedy Demand
Form No.<TitleNo> Page 8
of 17
________________________________________
<True_name>™, Affiant, Affiant Authorized Representative and Attorney in Fact for
<TRADENAME>™
Enclosures:
Notice of Final Payment
Billing Dispute Error
Surety Bond
Notice of Intent to Create and Execute Remedy
Specific Power of Attorney
Declaration of Satisfied & Closed Account
<Debt_CollectorCompany>’s Written Communication
Jurat
State of <StateOnly> )
) ss.
County of <CountyOnly> )
Whereas: The Undersigned had brought forth an administrative remedy entitled “Notice of
Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy #
<Misc_1> and;
Whereas: The Undersigned has not been able to locate any lawful money of account in
circulation (Gold or Silver coin or bullion) in this State, and;
Whereas: Public Policy as established with House Joint Resolution 192 of June 5, 1933 states
in part:
Now therefore and in consideration thereof, the Undersigned does hereby promise to pay,
i.e. undertakes to “bond”, <TRADENAME>’S action undertaken as a result of execution of
the remedies described in the undersigned’s Administrative Remedy in the following
amount: <Dollar_Amount> (<Dollar_Amount_Written>).
In the event that any person is damaged as a result of the Undersigned’s Private,
Administrative, Remedy # <TitleNo> and can demonstrate a bona fide claim of injury or
loss, the Undersigned shall discharge all obligations dollar for dollar by and through tender
of payment pursuant to public policy.
Dated the ________________ day of the ______________ month in the Year of Our Lord Two
Thousand Four
________________________________
<True_name>
In care of:
<True_Citystate_zip>
Near: <CityOnly>
[<Post_Code>]
<CommonwealthRepublic>
<Debt_CollectorCompany>
<Debt_CollectorCompany>
[Signature affixed in accordance with UCC §§ 1-201(39), 3-401(b)(ii)]
ACKNOWLEDGEMENT
STATE OF <StateOnly> )
) ss.
COUNTY OF <CountyOnly> )
On this day, ______________ 2004, before me, a Notary Public, personally appeared
_______________________, personally known to me or has provided requisite proof as the
living soul whose name is subscribed to this instrument and acknowledged that he
executed the same.
Re:
<Military_Name>
<TRADE_Address>
<TRADE_City_State_Zip>, CA <Post_Code>
Printed name:
Notice of Final Payment and Concurrent Billing Dispute Error via
Private, Administrative Remedy Demand
Form No.<TitleNo> Page 14
of 17
___________________________________
Date:
___________________________________
In the event that DEBT COLLECTOR should ‘dishonor’ through non-response this Notice of
Final Payment and Concurrent Billing Dispute Error via Private, Administrative Remedy by
Tacit Procuration, all issues are deemed settled Stare Decisis DEBT COLLECTOR may not
argue, controvert, or otherwise protest the finality of the administrative findings in any
subsequent process, whether administrative or judicial.
Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative
Remedy is dishonored. DEBT COLLECTOR further agrees to waive all rights to a trial before
a judge or jury, to observe this agreement and the arbitration Code of Procedure, and to
abide by and perform any award rendered by the Arbitrator(s) or a judgment entered by a
court having jurisdiction. In the event a court having jurisdiction finds any portion of this
agreement unenforceable, that portion shall not be effective and the remainder of the
agreement shall remain effective. This agreement shall be governed by and interpreted
under the Federal Arbitration Act, 9 U.S.C. Sections 1-16.
<True_name> grants DEBT COLLECTOR ten (10) days, exclusive of the day of receipt to
respond to the statements, claims, and demand above. Failure to respond will constitute as
Notice of Final Payment and Concurrent Billing Dispute Error via
Private, Administrative Remedy Demand
Form No.<TitleNo> Page 15
of 17
an operation of Law, the admission of DEBT COLLECTOR by tacit procuration to the
statement, claims and demands shall be deemed Res Judicata, Stare Decisis.
Responses must be sworn true, correct complete, and not misleading, the truth, the whole
truth, and nothing but the truth, and signed by a qualified authorized representative of
DEBT COLLECTOR. Failure to respond shall constitute an Estoppel by Acquiescence and
Judgment by Estoppel.
<True_name>
In care of: Third Party Witness
<FiduciaryAgent>
c/o <Fiduciary_Address>
<Fiduciary_City_State>, [<Fiduciary_Post_Code>]
<Fiduciary_CommonwealthRepublic>
If you have any further questions, please contact me in writing, via Third Party Witness, to
ensure you have no misunderstanding in this matter and all ledgering is handled
appropriately,
Thank you very much. I do look forward to your prompt response. Until then it is my
pleasure to be…
______________________________________
<True_name>™
Private Non
Negotiable
• ‘Notice of Final Payment and Concurrent Billing Dispute Error via Private, Administrative
Remedy thirteen (13) pages in length, with __________ attachment pages, including this
proof of service.
The Proof of Service And Witness of Contents of Documents was deposited with the Untied
States Postal Service prepaid, was addressed upon and for and to the following
designations:
To: <Debt_CollectorCompany>
Attention: Billing Dispute Resolution Dept.
<Debt_CollectorCompany>
<Debt_CollectorUserAddress>, <Debt_CollectorUser_City_State_Zip>
I declare upon my own commercial liability under penalty of perjury under the laws of the
united States of America that the foregoing is true, correct, and complete.
<FiduciaryAgent>
Third Party Witness
In care of:
<Fiduciary_Address>
<Fiduciary_City_State>,
[<Fiduciary_Post_Code>] <Fiduciary_CommonwealthRepublic>