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Certified Return Mail Number _______________________________ Your address here ______________________ ______________________ ___________ COLLECTION SERVICE, INC 99999 LAKE ROAD, STE 2000 MILWAULKIE, OR 97777 RE:”DEMAND FOR PAYMENT OF DEBT”; CONDITIONAL ACCEPTANCE FOR VALUE PREDICATED UPON PROOF OF CLAIM UPON CONTRACT, FOR DETERMINATION OF UNCONSCIONABILITY AND OR FRAUD ON THE CONTRACT – ABILITY TO PAY AT LAW AND AGREEMENT FOR COMMERCIAL DISCHARGE, Account No. XXXXXXXXX Monday, February 3, 2003, Dear Sirs: The following acceptance document involves the following parties: 1) X DEBTORS NAME X, hereafter known as X FIRST NAME of DebtorX 2) COLLECTION SERVICE, hereafter known as CCS 3) PMG SOUTH/CENTRAL POINT, hereafter know as PMG. I am in receipt of the CCS contract offer titled “Demand For Payment Of Debt”, Reference No. 818245421, dated January 22, 2003. A copy of your document is enclosed, attached to the acceptance letter, and incorporated by reference. Inherent in your offer is your claim that XXX and CCS have a legal binding contact, and/or that PMG and XXX have a legal/binding contract, and/or XXX owes “money” to CCS and that CCS has the right to collect “money” from XXX. However, your contract may be unconscionable, or there may be fraud in your contract by design or by your intent. I want to resolve this matter as soon as possible, and therefore I am initiating this private- administrative remedy to determine if such matters or controversy exists in this transaction/contract. As such, I conditionally accept for value your offer. As my affirmation and agreement to resolve this matter, I offer my pledge to consent to your demands for payment and to forego any private lien, or public legal process, in exchange for your Proofs of Claim. By your failure to respond, or to provide the Proofs of Claim, you admit your culpability and give me authority to proceed with the Private Administrative Process to reasonably asses and collect damages. 1 – CAFV for Proof of Claim – Collection Services, Inc. Proofs of Claim are set out below, to wit: 1. PROOF OF CLAIM that PMG has a signed contract with XXX signifying that XXX knew of any charges for services in advance and agreed to the same. 2. PROOF OF CLAIM that CCS has a signed contract with XXX to perform a specific function with regards to the DEMAND FOR PAYMENT OF DEBT, in lieu of #1. 3. PROOF OF CLAIM that CCS, and/or PMG gave FULL DISCLOSURE to all matters dealing with said contract. 4. PROOF OF CLAIM that, in lieu of proof of #1,2 & 3 above that CCS sending XXX an unsigned DEMAND FOR PAYMENT OF DEBT via the US Mail, does not constitute a fraudulent claim, and/or mail fraud (Title 13, Sec 1331 USC). 5. PROOF OF CLAIM of assignment of contract from PMG to CCS. 6. PROOF OF CLAIM that CCS as an ‘artificial entity/creature,’ created under the laws of the State of OREGON and doing business in the State of OREGON, by and through it’s Officers, Board of Directors and employees, are not bound to support Article I, § X, as a ‘State created entity,’ in that “No State shall… make any Thing but gold and silver coin as Legal Tender in Payment of Debts”, and that any such thing as gold and silver coin exists as legal tender in payment of debts. 7. PROOF OF CLAIM that of the value (substance) demanded in the DEMAND FOR PAYMENT OF DEBT is in the nature of Valuable Consideration called ‘money’ pursuant to Title 31 UNTED STATES CODE § 371 and 12 UNITED STATES CODE § 152. 8. PROOF OF CLAIM that CCS inquired that the Acceptor-For-Value of the contract had, or has, access to ‘lawful money of account’ (SEE #3 ABOVE) to ‘pay’ the contract debt at law without being compelled to a become a tort feasor. 9. PROOF OF CLAIM that the undersigned had/has access to ‘money’ that constitutes ‘LAWFUL (Sufficient) CONSIDERATION. 10. PROOF OF CLAIM that the use of a (federal reserve) ‘Note’, or instruments certifying conveyance of Federal Reserve Notes, is not only a promise to pay. See Fidelity savings v Grimes, 131 P2d 894. 11. PROOF OF CLAIM that Legal Tender (federal reserve) Notes, or instruments certifying conveyance of Federal Reserve Notes, are good and lawful money of the United States. See Rains v State, 226 S.W. 189. 12. PROOF OF CLAIM that Federal Reserve Notes, or instruments certifying conveyance of Federal Reserve Notes, are not valueless. See IRS Codes Section 1.1001-1 (4657) C.C.H. (Note; Federal reserve Bank says “Federal Reserve Notes.. “…have no value.”) 13. PROOF OF CLAIM that (federal Reserve) Notes, or instruments indicating a conveyance of Federal Reserve Notes, do operate as payment in the absence of an agreement that they shall constitute payment.’ See Blachshear Mfg. Co. v Harrell, 12 S.E. 2d 766. 2 – CAFV for Proof of Claim – Collection Services, Inc. 14. PROOF OF CLAIM that the undersigned had a ‘meeting of the mind(s)’ with CCS or PMG pursuant to the DEMAND FOR PAYMENT OF DEBT in respect to full disclosure: That said contract contained no elements of fraud by CCS or PMG. 15. PROOF OF CLAIM that your DEMAND FOR PAYMENT OF DEBT does not therefore constitute an attempt by CCS at unjust enrichment. TAKE NOTICE OF THE FOLLOWING: A. A contract made by a corporation beyond the scope of its corporate powers is unlawful and void. McCormick v Market Natl. Bank, 165 Us 538 B. Negotiable Instruments Law was designed to cover commercial paper, [which] lS currency. La. Stat. Ann. -R.S., 71 et seq. LSA-C.C,Art. 2139 16. PROOF OF CLAIM that CCS by and through it’s employees, knew or did not know, that this transaction was beyond the scope of its Charter and that CCS has the authority to violate ‘good faith,’ ‘commercial law,’ ‘Res Judicata on the money issue,’ and violate contract law in respect to ‘constitutional money’ to bind the undersigned to an unconscionable contract. 17. PROOF OF CLAIM that CCS by and through its employees, did not commit fraud on the contract in respect to the account/contract referenced above in any capacity. 18. PROOF OF CLAIM that undersigned, as the authorized representative of the Debtor does not have the standing or capacity to accept for value the offer/contract/presentment (select one!) and discharge the same via Bill of Exchange for the remedy provided by Congress – HJR-192 of June 5, 1933. Failure, or refusal by CCS to provide the above ‘Proofs of Claim’ will constitute your dishonor and default and your admission and confession to injury and damage to the undersigned in respect to your admitted fraud on the contract and/or compelling the undersigned into an unconscionable contract by your own admission and failure to bring forth ‘Proof of Claim’ in support of a ‘clean hands doctrine,’ ‘full disclosure,’ ‘good faith dealing,’ and the FAIR DEBT COLLECTIONS PRACTICES ACT as applied to this transaction/contract/ as referenced above. Per your failure or refusal to bring forth ‘Proof of Claim,’ you will by your dishonor and default, ‘fail to state a claim upon which relief can be granted,’ you will have validated the non- existence of a purported debt, you will have stipulated to the facts herein as it operates in favor of the undersigned, due to your silence and admitted fraud on the contract. Therein, presumption will be taken in regards to your default, dishonor, admission, and confession of injury and damage and failure to state a claim, that you, CCS, by and through your corporate officers are giving permission for a lien to be filed against you for said default, damages, and dishonor. Said damages are estimated in excess of $20,000.00. Final amount will be calculated prior to lien and notice given to you by invoice, per your agreement by your silence as stated. Per your failure, refusal and/or silence, this ‘Conditional Acceptance’ becomes the security agreement under commercial law, or in the alternative, you agree by your default and dishonor to accept the Bill of Exchange to discharge the offer/contract/presentment as used in the 3 – CAFV for Proof of Claim – Collection Services, Inc. current ordinary course of business. (see Nygaard v Continental Resources, Inc., 598 N.W. 2d 851 (1991), 39 U.C.C. 2d 851) Due to the time sensitive nature of this private matter, under necessity, you are to respond with ‘Proof of Claim’ within 20 days by certified-priority-return-mail to the address below. Should you fail or refuse to provide ‘Proof of Claim’ within the time specified in this private matter, a Notarial Protest may be exercised (performed) pursuant to your initial default. Sincerely, _____________________________ Authorized Representative of XXX XXXXXXXXX P.O. Box XXXX Central Point, OR 97777 4 – CAFV for Proof of Claim – Collection Services, Inc.
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