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CP-518 and Notice of Potential Thrid Party Contact
[QUOTE from Weis]
Use the facts within those hits for your material
If a conditional acceptance is drafted-I was taught- a negative avertment should also be drafted[/quote]
Be careful with negative averments and how you draft them. Black's Law 6th says:
Negative Averment. "As opposed to the traverse or simple denial of an affirmative allegation, a negative averment is an allegation of some substantive fact, e.g.,
that premises are not in repair, which, although negative in form, is really affirmative in substance, and the party alleging the fact of non-repair must prove it."
When you draft a negative averment make sure you can prove what you are asserting. The party you are giving the negative averment does not have to prove what is asserted. The one making the assertion does. Try to put in a positive from so there must be a response unless you can prove what you are saying. For instance, I put in a Conditional Acceptance: "All charges are conditionally accepted upon proof of claim that the foreign BoE is Not sufficient as to form, substance, and amount. Got back a letter stating that no response is required because it was legally inaffectual. They knew we could not prove what was asserted because we would have to go to John Snow to do that and he is not talking. We changed the Conditional Acceptance as follows: Upon proof of claim that we were presented with any documents and/or evidence demonstrating that the foreign BoE is insufficient. You can see how we changed the wording so now it must be responded to.
Be very careful how you put documents together and make sure a response is required and they cannot answer what you are asking them. Build a record of evidence against them. Getting their stipulation by non-response I have found is evidence that will nail their butts.
iamfreeru2
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