Is this useable against Debt Collectors.
name
Address
state
March 20, 2005
DEBT COLLECTOR NAME-------,
address
AFFIDAVIT OF DEFAULT
COMMON LAW TORT
Now, cometh --your name (Affiant) , a natural, freeborn Sovereign, without subjects. I am neither subject to any entity, nor is entity subject to me, and swear under oath that the following is true and correct.
1. Affiant is competent to state the matters set forth herewith.
2. Affiant has personal knowledge of the facts stated herein.
3. All the facts stated herein are true, correct, and complete in accordance with
Affiant’s best firsthand knowledge and understanding, and if called upon to testify
as a witness Affiant shall so state.
STATEMENT OF FACTS
1. On August 2, 2005 did receive presentation from DEBT COLLECTOR NAME-------, Account # 123456789 for payment of alleged Debt.
2. On August 3, 2005 Affiant did remit reply to DEBT COLLECTOR NAME-------, disputing the alleged account # 123456789 demanding verification.
3. ,DEBT COLLECTOR NAME-------, failed to response within the 30 days as required under 15 USC 1692G, and is now in default.
STATEMENT OF TORT
1. DEBT COLLECTOR NAME-------, . fail to response to Verification of Alleged Debt, dated August 2, 2005.
2. failure to furnish a copy of the original contract and state under penalty of perjury that the client is the bona fide party in interest of the contract an will produce the original for my own and judge’s inspection should there be a trial t contest these matters
3.- failure to produce the account and general ledger statement showing the full accounting of the alleged obligation that you are now attempting to collect
4.- failure to identify by name and address all persons, corporations associations or any other parties having an interest in legal proceedings regarding the alleged debt
5.-failure to verify, under penalty of perjury, that as a debt collector, you have not purchased evidence of debt and are proceeding with collection activities in the name of the original contracting party
6.- failure to verify under penalty of perjury that you know and understand that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have rejected the clause without impunity
7.- failure to provide verification from the stated creditor that you are authorized to act for them.
8.-failure to verify that you know and understand that contacting me again after receipt of this notice without providing procedurally proper validation of the alleged debt constitutes the use of interstate communications in a scheme of fraud by advancing a writing that you know is false with the intention that others rely on the written communication to the detriment of your name.
9. Failure to provide verified contract with the living soul, a human being, your name .
10. DEBT COLLECTOR NAME-------, did sent to Affiant,. a presentation of Alleged Debt, Dated March 15, 2006 requesting immediate payment of balance in full, failing to provide, Affiant. with verification. I, hereby dispute their claim.
11. DEBT COLLECTOR NAME-------, has harassed Affiant., by interstate communication is a scheme to defraud, Affiant, to his great injury. “Qui jure suo utitur, nemini facit injuries”
.
COMMON LAW TORT
Whereas, . The DEBT COLLECTOR NAME-------, as used an interstate communication in a scheme to defraud Affiant, to his great personal injury, Affiant’s Tort claim against DEBT COLLECTOR NAME-------, . is in the amount of $10,000.00 for the great personal injury received.
CONSTRUCTIVE NOTICE
IF THIS AFFIDAVIT IS NOT PROPERLY REBUTTED WITH A COUNTER-AFFIDAVIT WITHIN (30) DAYS FROM THE DATE OF THIS MAILING, ALL PARAGRAPHS NOT DENIED SHALL BE CONFESSED AFFIRMED, BY SUCH DEFAULT, AND SHALL BE ACCEPTED AS DISPOSITIVE, CONCLUSIVE FACTS BY -----DEBT COLLECTOR NAME-------, OR WHEREIN THE DISTRICT DIRECTOR AND/OR CHIEF EXECUTIVE OFFICER OR OTHER PROPERLY DELEGATED AUTHORITY, HAD THE OPPORTUNITY AND “FAILED TO PLEAD”. ALL COUNTER-AFFIDAVIT MUST BE SIGNED WITH A VALID LEGAL NAME OF THE RESPONDENT. FICTITOUS OR IMCOMPLETE NAMES OF RESPONDENTS OR THOSE NOT CONTAINING THE COMPLETE FIRST. MIDDLE, AND LAST NAMES AND EMPLOYEE NUMBER AND PHOTOCOPY OF DRIER’S LICENSE SHALL NOT CONSTITUE A VALID RESPONSE BECAUSE NOT PROPERLY AUTHENTICATED. COUNTER-AFFIDAVIT MUST ALSO PROVIDE LEGAL EVIDENCE DOCUMENTING YOUR POSITION OR THE RESPONSE SHALL BE CONSIDERED A FRIOLOUS NON-RESPONSE TO WHICH A ($500.00) FIVE-HUNDRED DOLLAR PENALTY FOR WASTING MY PRECIOUS TIME AND LABOR, BOTH WHICH THE SUPREME COURT HAVE SAID ARE MY PROPERTY, IN BUTCHERS’S UNION v. CRESCENT CITY CO, 111 U.S. 746 (1883)
This Affidavit and all attached documents have been made a part of the Public Record and will be used for evidence in administrative and judicial proceeding at law, or equity regarding this case. All of these documents must be maintained in Claimant’s administrative file.
I affirm under the penalty of perjury under the laws of the united state of America that the foregoing is true and correct to the best of my belief and informed knowledge, And Further deponent said not.
All reserved explicitly without reservation or prejudice UCC 1-103, 1-105 and 1-308
__________________________________________________ ____
Citizen Principal, By Special Appearance, Propia Persona proceeding Sui Juris.
A living breathing human being sworn to before me this and by their own hand signed this Affidavit.
Day of ____________________________, 2006
_____________________________________Notary Public
If not what changes need to be make to correct this Common Law Tort.
__________________
"We must affect our country as our parents,
And if at any time we alienate
Out love or industry from doing it honor,
We must respect effects and teach the soul
Matter of conscience and religion,
And not desire of rule or benefit"
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