How To Do A Conditional Acceptance

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 6
At a glance
Powered by AI
The key takeaways are about using a conditional acceptance to challenge claims or debts from others by requesting proof of various conditions, and outlining the conditional acceptance and associated affidavit process.

A conditional acceptance is a document used to conditionally accept another party's claim or demand for payment upon proof that they can substantiate their claim with valid evidence or contracts showing their entitlement.

The steps involved in the conditional acceptance process include preparing the conditional acceptance and affidavit, allowing the other party time to respond, sending a notice of fault if they don't respond, filing an affidavit of default, and obtaining a notarial certificate of non-response if they still fail to adequately respond.

How to do a Conditional Acceptance

Info. just in!


(Right Click and open in a new window!)

This is a basic Conditional Acceptance for Proof of


Claim template. Some people have enough experience
with creating documents to be able to "flesh it out" for
themselves. If you're not one of them, see below for the
assistance we can provide.

The most usual reason for a Conditional Acceptance


(CA) is someone asking you for payment, performance of
some kind, which you do not think they are entitled to. 
You would word the CA saying that you will accept  their
claim that you owe them x amount of $ upon proof of
claim that they can produce a valid contract making you
liable for such debt (or such performance).  Just replace
the text in the highlighted sections with the facts that fit
your own case and you'll have a better understanding of
the concept.

Your documents can be served by a notary and responses


can be directed to the notary so that at the completion of
the process, if the matter is not settled, the notary can
issue a Notice of Non-Response / Certificate of Dishonor
(COD).

Here is a sample CA just so you know what it looks like:

Dear [whomever]:
Your correspondence of 10/24/2010 was received by me
on October 31, 2009. I am conditionally accepting your
contract in that letter of a $13,107.37 balance remaining
on the above-referenced loan upon proof of claim that:

1.    [Bank name] as an 'artificial entity/creature,' created


under the laws of the State of [Whichever] and doing
business in the State of [Whichever], 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 a Legal Tender in payment of Debts."

2.     [Bank Name] gave FULL DISCLOSURE to all


matters dealing with the alleged loan and said contract.

3.     [Bank Name] brought forward and loaned its own


'CREDIT'  within the transaction/contract.

4.     The undersigned's signature on the original 'contract'


did not create the value for the alleged loan and that the
undersigned did not put the property up (by pledge) as the
collateral for said 'loan' by her signature as well.

5.    [Bank ame] can demonstrate that they were put at


risk by extending the above-referenced loan to me.

6.    [Bank Name] was/is or will be damaged if the above-


referenced loan is not repaid;
[Continue on with requested proofs]

[Insert person's name], you have ten (10) days from


receipt of this Conditional Acceptance to respond on a
point-by-point basis, via sworn affidavit, under your full
commercial liability, signing under penalty of perjury that
the facts contained therein are true, correct, complete and
not misleading. Mere declarations are an insufficient
response, as declarations permit lying by omission and
hearsay, which no honorable draft may contain. If an
extension of time is needed to properly answer, please
request it in writing. Failure to respond will be deemed
agreement with the facts stated in the attached Affidavit
and an inability to prove your claim, thereby indicating
that no debt exists.

All rights reserved without prejudice, UCC 1-207 & 1-


308

[your signature]

Contact us third party public witness information.

-----------------------------------------------

A CA is generally accompanied by an Negative Averment


Affidavit such as the example below:
AFFIDAVIT
[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. I have not been presented with any evidence or


accounting that shows that [Bank Name], or any entity
connected to them, is exempt from supporting Article I
§X of the U.S. Constitution and believe that none exists.

2.  I have not been presented with any evidence or


accounting that shows that [Bank Name] gave FULL
DISCLOSURE to all matters dealing with the alleged
loan and said contract and believe that none exists.

3.  I have not been presented with any evidence or


accounting that shows that [Bank Name] brought forward
and loaned its own 'CREDIT'  within the
transaction/contract and believe that none exists

[etc., etc.].

Further, Affiant sayeth naught.

Date: __________________                                            
Signed: _______________________________
                                                                                             
          [address]
Notice:
Use of a Notary on this document does not constitute an adhesion, nor does it alter my
status in any manner. The purpose of the notary is verification and identification only
and not for entrance into any foreign jurisdiction.

Acknowledgment

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.

-----------------------------------------------------
Conditional Acceptance Preparation Service

If you would like us to type your CA, give us the proofs


of claim that you'd like the other party to respond to.
When it is complete, a draft will be e-mailed or 'snail-
mailed' to you for your approval or revisions. In the
alternative, we have 'standard' proofs that can be
requested for various situations, but they are presently in
hard-copy form, so contact us with the type of matter
you're dealing with.
The Process

After the time for your Respondents to answer has passed


and if the other party hasn't answered, a Notice of Fault
with an Opportunity to Cure can be sent to them,
followed by an Affidavit of Default.

As notaries, we can serve each document for you, adding


our Certificate of Mailing. If they do not reply, or send a
defective response, we can then supply you with a
Notarial Certificate of Non-Response.

Here is the breakdown of costs for word processing your


documents. However,  if your matter is complex with
many Respondents, and/or sub-issues, etc., resulting in
more work required, we may request additional funds.
The prices below include certified mail fees, postage, and
Notary's Certificate of Mailing.
CA & Affidavit preparation $300
Notice of Fault - Opportunity to Cure   75
Affidavit of Notice of Default   75
Notarial Certificate of Non-Response   50
                                                  $500
TOTAL:
Payment can be made in a Postal Money Order, preferably with the 'pay to'
line left blank, or through PayPal  or with credit card (click here).

Phone: 570-647-4400 begin_of_the_skype_highlighting              570-647-


4400      

You might also like