- Here is one that I sent out a while back with the names and addresses taken out
RE: CHALLENGE ________________________
I am in receipt of your unsigned letters dated _____ the second of which I just received today and which am taking as a notice of court action on alleged account #__________ am therefore sending this letter as per the Fair Debt Collection Practices Act.
Pursuant to the Uniform Commercial Code and the Fair Debt Collection Practices Act you are hereby required to Produce and Present the Following (all documents sent to me must be certified to be direct copies of the originals):
1. Please produce and present the contract I signed making me liable for the debt your letter alleges.
2. Please produce and present signed documents evidencing that you have authority from ____to make this presentment on their behalf.
3. Please produce and present evidence in the form of signed contracts making me liable for the amount of debt your letter alleges.
You are to present me with 1st generation copies of all demanded documents.. I will demand originals of all documents refereed to here in court
Also Enclosed, please find material for the immediate attention of your or your bank's legal and finance departments.
This is constructive notice that I am disputing the validity of this alleged debt, and it's originating contract for reasons and causes including but not limited to constructive fraud, fraud on the contract, and fraudulent conveyance.
This alleged debt will stand invalid and hereby disputed, until the following questions and demand for documentation are satisfactorily addressed by you:
1. Is this bank regularly examined by employees of Thrift Supervision?
2. Does this bank follow the monetary expansion rules laid out in the Federal Reserve publication 'Modern Money Mechanics'?
3. Does this bank employ the 'transaction concept' of money, as revealed in the Federal Reserve Manual named above?
4. Did this bank accept some form of 'promissory note' and exchange it for a bank 'liability' to open this particular account?
5. Did the bank also raise an 'asset' in the same account when it was opened?
6. Did the bank use my signature on the note to raise this asset?
7. Is it the bank's policy to return or refund this asset to me?
8. Where in the contract was I informed of this use of my signature?
9. Please produce certified copies of the initial balance sheets for the account in question.
10. Please produce what the bank considers to be the entire promissory note.
11. Please produce what the bank considers the entire alleged agreement.
12 Please produce all contracts which together are construed to make up the entire amount which you are alleging that I owe your client.
13 Please produce a contract which specifically authorizes you to come after me for this amount.
You are now informed that if this bank/client should decide to litigate against me, I will counterclaim for causes including but not limited to constructive fraud, fraud on the contract, and fraudulent conveyance.
You are now also informed that I allege that the cost and risk in the note was misrepresented and has shifted, as revealed by the money trail.
I will seek more in discovery. Please prepare your (or your client's )chief auditor to address the above in interrogatories. Also, Thrift will have to be subpoenaed as they won't come if I just invite them; they will be deposed as experts. Thrift has grudgingly confirmed the above in other cases and I do not expect they appreciate that role being thrust on them.
You are now informed that, having properly challenged and disputed the validity of the alleged 'debt', I require answers to the above, as is due. Failure to answer is prima fascia evidence of this bank's intent to dodge the issue, and possibly continue fraudulent collection, or post information that would damage me.
My position is clear: this bank's unconscionable contract of adhesion is void, ab initio, for causes of action including, but not limited to, fraud in the contract. It will be construed against them as a standard of review. Failure to discharge the account will be considered continuing acts of fraud, which are actionable. I will demand the return of my original asset; the bank can't have it both ways, using the initial note as both instrument and funds.
Our differences are ones of fact, and only a jury may decide them. I don't believe a jury is going to like what they will discover the bank actually does to them.
If I do not receive a proper response from you within 10 days, I will assume this matter to be closed by both you and the bank as you are their agents. Reporting this account as anything but 'discharged', or any further collection effort without satisfying the above will be considered an act of extreme harassment, and may be dealt with accordingly.
This and all records regarding this case are made and kept as evidence for a jury.
Notice to the agent is notice to the principal.
Thank you for your prompt attention to this matter. After the 10 day period any mail to me will be fraudulent conversion of the offer below.
Very truly yours,
Notice is hereby given that Title 15 U.S.C sec.1692 establishes fair debt collection practices, sub-section (e) of said statute establishes "false or misleading representation", "misleading representations" include the false representation of the "charter" or legal status of any debt. It also makes the threat to take "any action" that can not legally be taken as a "defective practice" I feel it is my obligation now to remind you that you are already in "default" and have acted in bad faith and with now "unclean hands". You have 10 days from receipt of this letter, to respond on a point by point basis under the penalties of perjury. Your failure to respond may be estoppel from proceeding in this matter. If you need more time with which to respond contact me with good cause at the above listed mailing location within the allotted time and an extension may be granted.
The following "Proof of service" will be completed upon mailing this notice, although it is not possible to complete this one because the envelope is sealed prior to mailing::
Notification & offer on trash calls & mail
I consider your fraudulent mail to be obscenity [In Public Clearing House v. Coyne, 194 U.S. 497, 506-508, this Court said: "such printed matter or merchandise as may seem objectionable to local policy] and demand that you refrain from repeating this unlawful act
I consider trash & obscene calls & mail (as defined below), after notice has been given to be removed from your lists, to be an annoying invasion of my privacy, and an obstacle to my ability to peacefully enjoy my property. You are now instructed to carefully respect my legal and lawful rights in this regard!
I am unwilling to allow you free use of my time, address, home, name and telephone for such calls or mail and offer you such use on the following terms:
I will accept TRASH calls or mail placed by you or on your behalf, for a $1,500.00 fee, due within 30 days of such use.
Each such call or mailing will be a separate acceptance of this offer and upon it's answer or receipt which is ratification, every company, corporation, or person in receipt of this document, will be bound by the resulting agreement and all terms contained herein.
Your TRASH call or mail will constitute your agreement (our contract entered into under the constitutional right to contract Art 1 Sec 10 US Constitution) to my fee and my appropriate recording of such call. This offer extends until revoked by me. or modified by me in writing.
Your engagement and then non-payment will authorize me/us to use whatever means necessary to collect said debt and your agreement to pay 3.5% per day interest on unpaid balance, computed daily, plus all costs legal and otherwise of collecting the debt including lost time.
The sale, rental or pass on of my/our name/s and/or any other identifying information of me, my household, or my family is a conversion of my/our property (* name, address, phone #, social security # license #s etc.) for your profit. A $1,500.00 fee will be due within 30 days of each such conversion, payable to me by involved and notified entities. The above non-payment terms apply.
This agreement/contract entered into under the right to contract, art 1 sec 10 US Constitution, with the full knowledge of the entity calling or mailing under this agreement/contract
DEFINITION OF TERMS
I DEFINE THE TERMS "TELEMARKETING" / "TELENUISANCE" / "TRASH CALLS" / "PERSONAL NUISANCE CALLS" (TO MY DOOR) AS:
A TELEPHONE CALL OR OTHER CALL TO THE JOB, HOME, OR OTHER PLACE SOMETIMES OCCUPIED BY ME, DELIVERED LIVE OR PRERECORDED, BY VOICE OR FACSIMILE,
BY OR ON BEHALF OF AN ORGANIZATION, INCLUDING BUT NOT LIMITED TO IT'S AGENT, DEALER, FRANCHISEE, CONTRACTOR OR SUBSIDIARY,
WITHOUT BOTH AN EXISTING DIRECT RELATIONSHIP WITH, AND FULLY INFORMED, AFFIRMATIVE AUTHORIZATION OF THE PARTY CALLED,
WHETHER SUCH CALLING ORGANIZATION BE OF A COMMERCIAL, NON-PROFIT, SURVEY-RESEARCH, OR POLITICAL NATURE AND,
DIALED EITHER RANDOMLY, SEQUENTIALLY, AUTOMATICALLY, MANUALLY OR INTENTIONALLY TARGETED,
FOR ANY PURPOSE OF THE CALLING ENTITY.
TRASH CALLS INCLUDE THOSE BY AN ENTITY HAVING AN ESTABLISHED RELATIONSHIP WITH THE CALLED/CONTACTED PARTY.
Trash mail & Calls lists referred to are covered in one or more of the following federal laws
PRIVACY ACT, 5 USC Sec. (552a &552b) 88 Stat, 1896 (1974)- And/or
Title 7 Section 945
21 4605, 4833
42 2996c, 7171, 8103, 10703, 14195
46 7702, 9303
50 2158, 2159
I consider your fraudulent mail to be obscenity and demand that you refrain from repeating this unlawful act
The phone co is not allowed to publish a normal alphabetical listing.
DO NOT COMMUNICATE WITH ME OUTSIDE OF COURT or court summons
Proof of Service: is completed outside of this envelope on form which is copied here
U.S. POSTAL SERVICE CERTIFICATE OF MAILING - affix fee here in stamps or May be used for domestic & international mail. Does not - meter postage
provide for insurance - POSTMASTER -
Received From -
ONE PIECE OF ORDINARY MAIL ADDRESSED TO: -
- post mark here
Form 3817 Mar 1989