How to do a Conditional Acceptance
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:
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
Contact us third party public witness information.
A CA is generally accompanied by an Negative Averment Affidavit such as the example below:
[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
Further, Affiant sayeth naught.
Date: __________________ Signed: _______________________________
State of )
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.
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 Notice of Non-Response / Certificate of Dishonor.
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||$450 |
|Notice of Fault - Opportunity to Cure || 125 |
|Affidavit of Notice of Default || 125 |
|Notice of Non-Response / Certificate of Dishonor (COD)|| 50 |
| TOTAL: ||$750 |