NOTES REGARDING CERTIFICATE OF DISHONOR AND NON-RESPONSE Issued by Notary Name, dated Date of CD In favor of John Quincy Doe and Jane Sue Doe (Doe) and against AGENT and COMPANY NAME (RESPONDENT)
On _______, I mailed a Notice of Dishonor with a copy of the Conditional Acceptance with
Presentments and Bill of Exchange, and Affidavit, to the Respondent via Certified Mail Return Receipt #____________; Having received no response from Respondent to my Notice of Dishonor, on _______, I mailed a Second Notice of Dishonor with a copy of the Conditional Acceptance, with Presentments and Bill of Exhange, and Affidavit via Certified Mail Return Receipt #_______________. Having received no response from Respondent to my Notice of Protest, on __________, I mailed a Certificate of Dishonor and Non-Response with a copy of the Conditional Acceptance with Presentments and Bill of Exhange, and Affidavit to Respondent via Certified Mail Return Receipt # ____________ and to John Quincy Doe and Jane Sue Doe.
Evidence in the record appears and substantiates that THERE IS NO DOCUMENTATION VERIFYING RESPONDENT’S claim that: 1. STRAWMAN has an outstanding obligation on the alleged Loan after RESPONDENT received and accepted STRAWMAN’s bill of exchange to discharge the alleged Loan; 2. RESPONDENT’s bookkeeping entries show a loan was made from RESPONDENT’s assets, thereby proving RESPONDENT took a risk in the alleged Loan transaction; 3. RESPONDENT has authority under 12 USC §24 to lend credit; 4. RESPONDENT has, in its possession, original documents for all transactions with original signatures of STRAWMAN, including, but not limited to, the original loan agreement and transaction slips; 5. all statements, claims and/or reports to any third party by RESPONDENT and/or its agents is based on personal knowledge as to the status of the alleged Loan account; 6. RESPONDENT has a registered claim against STRAWMAN; 7. all information RESPONDENT provided to Credit Reporting Agencies regarding STRAWMAN was in writing and was completely accurate, under penalty of perjury, and in compliance with the principles expressed in the Fair Debt Collections Practices Act, hereinafter referred to as FDCPA; 8. every RESPONDENT contact to John and Jane Doe, whether written or telephonic, was and is in compliance with the principles of the FDCPA; 9. an attempt to collect upon a purported debt without providing proof of claim when demanded is in compliance with the STATE Statutes and constitutes a valid ‘claim’. Evidence in the record appears and substantiates that RESPONDENT has contracted with STRAWMAN that RESPONDENT and its agents and assigns: A. have no debt owed to it by STRAWMAN; B. have dishonored John and Jane Doe’s requests and forfeit all claims against STRAWMAN; C. have waived any and all previous agreements including any discovery or arbitration rights; D. have no right to pursue collection of an alleged debt or loan;
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E. are estopped from further action; F. voluntarily agree to send a cashier’s check in the amount Five Hundred Dollars ($500.00) to STRAWMAN as recompense for the nuisance RESPONDENT has created; and G. The matter is finally and completely resolved. Further, RESPONDENT voluntarily agreed to send, by certified mail, a cashier’s check within thirty (30) days of insert date to STRAWMAN in the following amounts: H. One Thousand Dollars ($1,000.00) for each communication made, whether telephonically or in writing which is not in affidavit form, regarding RESPONDENT’s unsubstantiated claims; I. Three times the value of any property, the enjoyment and use of which by STRAWMAN, that is inhibited by RESPONDENT or its agents because of RESPONDENT’S unsubstantiated claims;
J. Five Thousand Dollars ($5,000.00) for each transaction STRAWMAN initiates where STRAWMAN’s commercial ability is impeded due to RESPONDENT’s unsubstantiated claims including, but not limited to, adverse credit reporting, non-withdrawal of summons, lawsuit, liens or levies, and failure to notify all credit reporting agencies to completely delete all history and information pertaining to the alleged Loan account; K. TYPE IN WORDS THE DOLLAR AMOUNT ($00.00 ), the equivalent amount of Respondent’s unsubstantiated claim; L. One Thousand Dollars ($1,000.00) for the nuisance of having to initiate notarial protest; AND, RESPONDENT voluntarily: M. authorizes John and Jane Doe to record a UCC-1 on RESPONDENT as Debtors to secure the debt owed STRAWMAN; and N. agrees to prove his claim as a respondent in possession of STRAWMAN’s property in a involuntary bankruptcy proceeding; Evidence in the record appears and substantiates that the matter is finally and totally settled. Dated this ___ day of ____________, 2003.
(STAMP & SEAL)
ALL CAPS NOTARY NAME, Notary Public
My commission expires on:
enc. Conditional Acceptance with Presentments and Bill of Exchange, Affidavit, Notice of Dishonor, Notice of Protest, Certificate of Dishonor, Notary Notes, Certificates of Service
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