Certificate of Dishonor Notary Protest by fmz12746

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Certificate of Dishonor Notary Protest document sample

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									Notary Protest

Written by Administrator
Wednesday, 01 July 2009 02:41 - Last Updated Saturday, 26 September 2009 23:20




Notary Certificate of Dishonor




 Within the Uniform Commercial Code (UCC) is a process called a 'notarial protest', also
known as Notary Certificate of Dishonor (COD) method. Notarial protest has generally been
used by banks in their commercial transactions, but  more recently, the Notary COD method
has been used in disputes with government agents, agencies, banks, and corporations by
people who are unable to afford the services of an attorney and/or have been disappointed
when seeking justice through the courts. It can be used to head off potential litigation, settling
of the case prior to it's being brought into court, or sometimes, for a case that is already in the
court.

 The COD is a 3-step process which is performed by a notary after you have made a good
faith effort to settle the matter with your opponent but they have ignored you. You then bring
the matter to the notary and request s/he re-present your documents to the opposing party as
a third party witness to their dishonor. The notary invites them to respond to him/her within a
specific time frame, offering a follow-up Notice if there is no response. If no answer is
forthcoming, then a Certificate of Dishonor is issued.

 The Conditional Acceptance (CA) for Value for Proof of Claim
(click here for a do-it-yourself CA and Affidavit)

  A Conditional Acceptance is used when a demand for payment or performance (a
'presentment') is  made upon you to which you do not agree. You accept the adversary's
presentment and agree to perform as they demand but only upon receipt of their proof of claim
that you have any liability to them, such as a lawful contract.  This is a way to avoid arguing so
 that should there be an attempt at litigation, it can be shown that there is no controversy since
you never refused to perform but merely asked for some proof of why performance on your
part would be appropriate. Cases are brought to court for argument. If there is no argument,
there is no case.

 A Notary COD can be used either after you have done a Conditional Acceptance (CA)  and
the other party has not proven his/her claim, or because an entity or person is refusing to
release your property to you such as property that you lent to someone and they will not return
it, or a demand to pay a sum that you do not think you owe, etc.

 If the presenter fails to reply to your CA, or replies but does not answer your questions or
provide the proof you requested or, if you request performance (like returning your property)
and they do not answer or refuse for no good reason (both are 'dishonors'), you can then bring
the issue to a notary who is familiar with the protest or COD method. The notary will
re-submit your offer and/or ask the adversary why s/he is dishonoring your offer (the CA,
contract, or whatever) or request. The notary is a state official as well as an officer of the court,
who serves as an impartial third party to whom an explanation, answer, can be sent.



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Notary Protest

Written by Administrator
Wednesday, 01 July 2009 02:41 - Last Updated Saturday, 26 September 2009 23:20

Generally, the notary will contact the adversary twice, each time giving them a specified time
frame in which to answer. If no response is received, then the notary will issue a Certificate of
Dishonor, the original of which is sent to you, along with copies of all of the documents in the
process, and can be brought before a judge for a Declaratory Judgment.

 Using the COD Service

  The Penny Pincher Press has 2 notaries on staff who can help you with             your COD. Both
notaries are commissioned in Pennsylvania and are not            empowered to acknowledge
signatures outside their state, but all notaries     are empowered to Protest to a foreign
jurisdiction. You'll just have     a hard time finding one who is familiar with it and is willing to
help       you in that respect.  Your signature on the Affidavit below which         begins the COD
process, however, will be acknowledged by a notary in          your own locale.

 Pricing:  The 3-step Certificate of Dishonor (COD) process for up       to 2 recipients at the
same address, includes postage, certified mail        fees and up to 30 pages of copies of
documents, is $250. If your process        has more than 2 recipients, or has recipients at
different addresses,       and more than a total of 30 pages in copies of document attachments,
      we will need additional funds to cover extra expenses, so please e-mail        us with
details. If you want your documents sent with a service other       than First Class Certified Mail
there will be an amount due for the extra       postal fees.

 We prefer funds in the form of a postal money order with the "Pay to" line     left blank. To
send funds via PayPal or  credit card, click    here. If you are paying electronically, you can
send your documents         in an e-mail attachment.

 Getting started:  The following sample Affidavit will establish      your request for notarial
services and verifies the steps you've already         taken. Please use the sample below to
customize an Affidavit to fit your     situation. If you are not comfortable working with the
affidavit and      would like us to customize it and send it to you for your signature,      then
just e-mail us with steps you've already taken and add an additional         $25 to the
above-stated fee. Have your signature on the Affidavit notarized         by a local notary and send
it together with your previously dishonored        documents and the fee to:

P.O. Box 88 Stroudsburg, Penn 18360
---------------------------------------

 VERIFIED DECLARATION IN THE NATURE OF AN AFFIDAVIT

 I, [Your name], a living soul, over 18 years of age, being competent       to testify and having
first hand knowledge of the facts herein, declares        under penalty of perjury of the laws of
the united States of America,  that:

 1.    On August 23, 2006, I received a demand for payment  in the amount of
$___________ from [whatever company/bank] which I disputed.




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Notary Protest

Written by Administrator
Wednesday, 01 July 2009 02:41 - Last Updated Saturday, 26 September 2009 23:20

 2.    On August 25, 2006, I sent a Conditional Acceptance            (CA) [or whatever other
document]  to [whatever company]

 3.    [Company] did not answer within the required time    frame and so on [date] I sent them
a Notice of Fault with an additional     10 days to answer.
 Etc., etc.

 In light of the dishonors noted above, I hereby request your services       as a notary public for
the Commonwealth of Pennsylvania, to evidence            the dishonor outlined above by
re-presenting my Conditional Acceptance          and Affidavit [or whatever document you used] to
[whatever company].         Attached herewith is a copy of my Affidavit and dishonored CA [or
whatever         other documents were used].

Further, Affiant sayeth naught.

Date:                                    Name:__________________________________
[print       name and address]




State of                                  )
)     ss:
County of                               )

 On this, the _____ day of _________________, 2007, before me, a notary          public, the
undersigned officer, personally appeared_______________________,            known to me (or
satisfactorily proven) to be the person whose name is      subscribed to the within instrument,
and acknowledged that s/he executed         the same for the purposes therein contained.

In witness hereof, I hereunto set my hand and official seal.




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