XX/XX/XXXX AFFIDAVIT OF LEGAL NOTICE AND DEMAND TO VALIDATE DEBT CLAIM XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FLORIDA [ XXXX ] To : FIRST FEDERAL CREDIT CONTROL XXXX XXXX XXXX XXXX XXXX XXXX, OHIO XXXX PHONE : ( XXXX ) XXXX FAX : XXXX This is an offer to fully pay/discharge the attached claim of debt on the condition that the claiming parties comply with this notice within 30 days of receipt of this correspondence.
NOTICE OF CLAIM DISPUTE NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT APPLICABLE TO ALL SUCCESSORS AND ASIGNS **********************SILENCE IS ACQUIESENCE*********************** NOTICE AND DEMAND TO CEASE AND DESIST COLLECTION ACTIVITIES PRIOR TO VALIDATION OF PURPORTED DEBT Pursuant to the truth in lending laws of the United States Code , Title 15 1601 et. Seq. and the Fair Debt Collection Practices Act laws of the United States Code 1692 et. seq This notice constitutes a timely written response to your Fair Debt Collection Practices Act notice that you are attempting to collect an alleged debt and is not a dishonor of your alleged claim of debt.
This notice is my, required by law, demand to cease and desist collection activities prior to validation of purported debt and you must validate the enclosed claim of an alleged debt. You must provide verification that an actual debt really exists by producing the following : 1. The name and address of the organization or other governmental unit alleging a debt ; 2. The name and address of the person or persons in that organization or other governmental unit alleging a claim of debt ; 3. The name of the actual creditor even if that is myself ; 4. The origin of the funds used to create this alleged claim of deb
t 5. The actual records of the organization or other governmental unit showing the time and place of the deposit and distribution of the funds used to create this alleged claim of debt. 6. The actual records of the organization or other governme
ntal unit showing that an actual loan was made from the organization or other governmental units own funds that resulted in the enclosed alleged claim of a debt.
7. The actual records of the organization or other governmental unit with a LIVE signature on any and, all document/instrument ( s ) used to allege the existence of a real loan of funds or debt from the organization or other governmental unit to myself or anyone else by similar name.
8. Be advised that verification is defined ( XXXX Law Dictionary, 6th Edition ) as follows : Confirmation of correctness, truth, or authenticity, by affidavit, oath or deposition. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party.
9. The actual records of the organization or other governmental unit showing that an honest disclosure of facts relating to the alleged loan was made by the organization or other governmental unit in compliance with the truth in lending laws of the United States Code, Title 15 -1601 et. seq and Regulation Z. 10. The actual records of the organization or other governmental unit showing that any, and all documents /instrument ( s ) containing my signature or likeness of my signature were not negotiated or pledged by the organization or other governmental unit against my credit to create the funds used for the appearance of a debt and resulting in this alleged claim of debt. 11. The person that prepares and swears to the validation of debt must describe:1 ) your job description on a daily basis ; 2 ) if you are the regular keeper of those books and records and are familiar with how they are kept and their contents ; 3 ) How long have you been in your position ; 4 ) When did you first come in contact with the alleged account/debt ; 5 )
How frequently do you work with the files and information they are presenting to verify/validate the alleged debt ;
and 7 ) Do you have personal knowledge about the alleged debt and/or any alleged account. 15 U.S.C -1692 ( e ) states that a false, deceptive, and
misleading representation, in connection, with the collection of any debt, includes the false representation of the character or legal status of any debt and further makes a threat to take any action that can not legally be taken a deceptive practice.
Pursuant to 15 U.S.C -1692 ( g ) ( 4 ) Validation of Debts, if you have evidence to validate your claim that the attached presentment does not constitute fraudulent misrepresentation and that one owes this alleged debt, this is a demand that, within 30 days, you provide such verification/validation and supporting evidence signed and certified under penalty of perjury to substantiate your claim. Until the requirements of the Fair Debt Collections Practices Act have been complied with and your claim is verified/validated, you have no consent to continue any collection activities.
This is a constructive notice that, absent the validation of your claim within 30 days, you must cease and desist any, and all collection activity and are prohibited from contacting me through the mail, by telephone, in person, at my home, or at my work. You are further prohibited from contacting any other third party. Each, and every attempted contact, in violation, of this act, will constitute harassment and defamation of character and will subject your agency and/or attorney and any, and all agents in his/her individual capacities, who take part in such harassment, and defamation, to a liability for actual damages, as well as statutory damages of up to {$1000.00} for each and, every violation, and a further liability for legal fees to be paid to any counsel which I may retain. Further, absent such validation of your claim, you are prohibited from filing any notice of lien and /or levy or judgment and are also barred from reporting any derogatory credit information to any credit reporting agency, regarding this disputed purported debt.
Further, pursuant to the Fair Debt Collection Practices Act 15 U.S.C 1692 ( g ) ( 8 ), as you are merely an agency or other governmental unit of the United States, acting on someone elses behalf, this is a demand that you provide the name of the original principal or holder in due course, for whom you are attempting to collect this alleged debt.
Please take notice that this legal notice will be forwarded as a criminal investigation of the business practices of the above, named organization or other governmental unit, its agents, officers, employees and attorney to determine violations of the United States criminal laws. Your claims of collection of a purported debt appears to be founded upon a false record in violation of U.S.C Title 18 -2071 and 2073 ( falsifying records ) and further ; uttering and possessing false obligations and counterfeit securities based upon the falsified records in violation of U.S.C Title 18 -471,472,473and or 513, and further using corrupt business practices to make and possess false records and claim if obligation, not substantiated by truthful facts in violation of the Federal Racketeer Influences and Corrupt Organization ( RICO ), U.S.C Title 18 1961 et.seq and further using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C -1341 Frauds and Swindles laws, and further sending mal with false and fictitious names, criminal conduct falling under Title 18 U.S.C -1842 Fictitious Names. XXXX XXXX XXXX XXXX ALL INFORMATION WILL BE FORWARDED TO THE FLORIDA INSPECTOR GENERAL OFFICE AND IRS CRIMINAL DIVISION TO INVESTIGATE ( FIRST FEDERAL CREDIT CONTROL ) UNDER THE BANKING SECRECY ACT AND THE PATRIOT ACT UNDER AS WELL AS ALL MONEY INSTRUMENT TO BE DISCLOSED.
TAKE NOTICE FIRST FEDERAL CREDIT CONTROL failure in providing respondent with the requisite verification, validating the above referenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act, Fair Credit Reporting Act, Banking Secrecy Act, Patriot Act and the corresponding laws of each state, signifies that Debt Collector tacitly agrees that : a. Debt collector has no lawful, bona fide, verified claim, re the listed accounts : ACCOUNT # XXXX XXXX. Debt Collector waives any, and all claims against respondent C. Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs, fees and expenses incurred in defending against this and any, and all continued collection attempt
s, re the above-referenced alleged accounts. D. Failure of Debt Collector to properly and l
egally verify/validate alleged debt as required in this notice us a self-executing irrevocable power of attorney authorizing Respondent/Alleged Debtor named herein to direct the permanent removal, on behalf of the alleged Creditor, of any, and all references to said accounts in any, and all credit reporting agency files of any type.
This response will constitute my effort to resolve this on-going debt claim between the parties involved. Until full disclosure on and for the official public record with a signed affidavit attached is achieved, there can be no case, collection or action. No civil or criminal cause of action can arise lest, out of fraud, there be valid, honest contract See XXXX V XXXX XXXX XXXX XXXX XXXX Furthermore Title 12 U.S.C -411 Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose, of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of XXXX, XXXX XXXX XXXX, or at any Federal Reserve bank.
PLEASE TAKE ADDITIONAL NOTICE All responses must be done on and for the public record and must be signed with a wet ink signature in the format of an affidavit with a public notary seal affixed ALL OTHER FORMS OF COMMUNICATION WILL BE NULL AND VOIDED and will be used a prima facie evidence in any, and all legal recourse I so choose to take as the authorized representative for XXXX XXXX XXXX CC : FLORIDA ATTORNEY GENERAL CC : BBB CC : HHS.GOV