Conditional Acceptance Howto

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 provi
de. The most usual reason for a Conditional Acceptance (CA) is someone asking yo
u for payment, performance of some kind, which you do not think they are entitle
d 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 m
aking you liable for such debt (or such performance). Just replace the text in t
he 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 an
d responses can be directed to the notary so that at the completion of the proce
ss, 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 lo
oks like: Dear [whomever]: Your correspondence of 10/24/2005 was received by me
on October 31, 2005. I am conditionally accepting your contract in that letter o
f a $13,107.37 balance remaining on the above-referenced loan upon proof of clai
m that: 1. [Bank Name] as an 'artificial entity/creature,' created under the law
s 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 s
upport Article I X, as a 'State created entity,' in that "No State shall...make a
ny Thing but gold and silver coin a Legal Tender in payment of Debts." 2. 3. [Ba
nk Name] gave FULL DISCLOSURE to all matters dealing with the alleged loan and s
aid contract. [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 val
ue 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 Na
me] 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 lo
an is not repaid; [Continue on with requested proofs] [Insert person's name], yo
u 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, co
rrect, complete and not misleading. Mere declarations are an insufficient respon
se, as declarations permit lying by omission and hearsay, which no honorable dra
ft may contain. If an extension of time is needed to properly answer, please req
uest it in writing. Failure to respond will be deemed agreement with the facts s
tated in the attached Affidavit and an inability to prove your claim, thereby in
dicating that no debt exists. All rights reserved without prejudice, UCC 1-207 &
1-308
[your signature] Please direct responses to third party public witness: Francesc
a Montelione, Notary c/o1709 Wayne Avenue Scranton, Penn. 18508 ----------------------------------------------
A CA is generally accompanied by an Negative Averment Affidavit such as the exam

ple below: AFFIDAVIT The undersigned Affiant, John Henry Doe, hereinafter Affiant,
does solemnly swear, declare and state as follows: 1. 2. 3. Affiant is competen
t to state the matters set forth herein. Affiant has knowledge of the facts stat
ed herein. All the facts herein are true, correct and complete, admissible as ev
idence and if called upon as a witness, Affiant will testify to their veracity.
Plain Statement of Facts 4. There is no evidence that JOHN H DOE, hereinafter Tax
payer, has any outstanding liabilities or obligations with the Internal Revenue S
ervice and Affiant believes that no such evidence exists. There is no evidence o
f a defect in the IRS Form 1040 submitted to the Internal Revenue Service on May
11, 2008 for the Taxpayer and Affiant believes that no such evidence exists. Th
ere is no evidence of a defect in the IRS Forms 1099-OID submitted to the Intern
al Revenue Service on May 11, 2008 for the Taxpayer and Affiant believes that no
such evidence exists. There is no evidence of a defect in the amount returned t
o the Taxpayer by the U.S. Department of the Treasury on June 13, 2008 and Affia
nt believes that no such evidence exists. There is no evidence that the Taxpayer
authorized or consented to the transfer of the funds out of the Taxpayers Bank o
f America account no. 0123456789, and Affiant believes that no such evidence exi
sts. There is no evidence of any outstanding controversies or disputes to settle
between the Taxpayer and the Internal Revenue Service and Affiant believes that
no such evidence exists.
5.
6.
7.
8.
9.
IN WITNESS WHEREOF I hereunto set my hand and seal on this 17th day of September
, 2008 and hereby certify all the statements made above are true, correct and co
mplete.
Date: __________________
Signed: _______________________________ [address]
JURAT
Stateof ) )ss: Countyof ) Subscribedandswornto(oraffirmed)before

____,________,by 2008 17th September _____________________________,provedtomeontheb
isfactoryevidencetobethepersonwhoappeared JohnHenryDoe beforeme. _______________
_______ Signature
(seal)
The Process After the time for your Respondents to answer has passed and if the
other party hasnt answered, a Notice of Fault with an Opportunity to Cure can b
e sent to them, followed by an Affidavit/Notice of Default. Notaries can serve e
ach document for you, adding their Certificate of Mailing/Service. If your Respo
ndents do not reply, or send a defective response, the Notary Public can then su
pply you with a Notice of Non-Response / Certificate of Dishonor.

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How to do a Conditional Acceptance

A CA is generally accompanied by an Negative Averment Affidavit such as the exam

Stateof ) )ss: Countyof ) Subscribedandswornto(oraffirmed)before

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