JOHN DOE 303 Park Avenue South Suite 1208 New York, New York 10010

Respondent’s Private International Administrative Remedy Demand No. MS-052107-USDE This Private International Administrative Remedy Demand No MS-05/21/07-USDE is binding upon principal and agent re the subject matter set forth herein below. Date: May 21, 2007 Via: To: U.S.P.O Certified Mail Article No. 70060810000248004329 NCO FINANCIAL SYSTEMS, INC, d.b.a., A Debt Collector, hereinafter “Debt Collector” U.S. DEPARTMENT OF EDUCATION P.O. BOX 4169 GREENVILLE, TX 75403-4169 Debt Collector’s written communication, hereinafter “Presentment” dated April 24, 2007 referencing: Alleged Creditor: Alleged Account No: Alleged Amount Due: Subject: U.S. DEPARTMENT OF EDUCATION 123-45-6789 $11,297.90

Re:

Tender of Payment and Notice of Reservation of Right for Initiating a Counterclaim and for Filing Claim against Bond.

1. Be it known by these presents that JOHN DOE©, Respondent, is in receipt of Debt Collector’s above-referenced presentment, a true and correct copy of which is attached herewith, made fully part, herein, and included herein by reference. 2. Respondent hereby gives Debt Collector Notice that this written communication is not a refusal for paying the alleged debt implied by Presentment, but constitutes express, written notice that: a) The Above referenced alleged debt is not valid; b) Debt Collector’s claim is disputed; c) Respondent does not take issues with the amount of alleged debt claimed; and that d) Upon receipt of this Notice, Debt Collector must cease all collection activity re the alleged account/debt until Respondent is sent the herein-requested verification as required by the Fair Debt Collection Practices Act. Tender of Payment 3. Respondent without waiver of any defense, and for the purpose of resolving this matter in good faith, hereby tender payment in the form of a Certified Promissory Note, also known as an Offer of Performance, both of which are attached herewith, made fully part hereof, and included herein by reference, for the purpose of discharging the alleged debt as stated within Debt Collector’s above referenced Presentment. 4. Respondent retains original of Debt Collector’s Presentment as proof Respondent has not dishonored Debt Collector’s instrument, nor in any way acted on bad faith. 5. Respondent gives Debt Collector Notice that, in accordance with law as codified at 15 USC § 1698g(b): “ If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name an address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.” (Underline emphasis added by Respondent)
Respondent’s Private International Administrative Remedy Demand No. MS-052107-USDE Page 1 of 9

will be used for that purpose. and the like and that any future communication received by Respondent from Debt collector. “Debt Collector Disclosure Statement. Affidavit of truth of matter and object of verification is to assure good faith in averments or statements of party. a “ scheme or artifice” “caused to be delivered by mail.6. statement bill. 4 at 15 USC § 1692 and elsewhere. Copy of Presentment Dated: April 24. 2007 Respondent’s Private International Administrative Remedy Demand No. oath or deposition.” may constitute Mail Fraud under State and Federal Laws ( Debt Collector may wish to consult with competent legal counsel before originating any further communication with Respondent). ii. Debt Collector waives any all claims against Respondent. 10. and the like. validating the abovereferenced alleged debt within the requirements of law as codified in the Fair Debt Collection Practices Act and the corresponding laws of each state. This is also an attempt for determining the nature and basis of a case/counterclaim against Debt Collector. summary. by affidavit. statement. 8. and must be complied in full by Debt Collector and received by Respondent within twenty-one (21) days of Debt Collector’s receipt of this written communication. verifiable claim re the above-referenced alleged account. and b) Debt Collector’s failure in providing Respondent with the requisite verification. such as the law codified at the Fair Debt Collection Practices Act. Debt Collector is further Noticed that this is not a request by Respondent for a photocopy of any invoice. and agreement that Debt Collector has no lawful.” 7. 12. as well as any information obtained otherwise.” for the purpose of ensuring that Debt Collector’s “verification of the debt” is executed in accordance with laws as codified at 15 USC § 1692(g). Debt Collector has no lawful. c) Makes a false representation of the legal status of the hereinabove-referenced alleged debt. signified that debt collector tacitly agrees that: i. bill. bona fide. agreement. such as by Debt Collector’s commissions. If Debt Collector. absent the above-cited requisite “verification of debt. and iii. Sixth Edition) as follows: “Confirmation of correctness. confession. b) Makes a false representation of the character of the hereinabove-referenced alleged debt. d) Makes any threat of action that cannot legally be taken. Debt Collector is also hereby given notice that: a) Debt Collector’s unauthorized demands for payment. bona fide. 242. and is codified at 18 USC §§ 1581. omission. 11. Respondent also includes with this written communication. fees and expenses incurred in defending against this and any and all continued collection attempts re the above-referenced alleged account. truth. Notice of Reservation of Right for Initiating Counterclaim/ Filing Claim against Bond Debt Collector Disclosure Statement. or authenticity. and any information contained within Debt Collector Disclosure Statement. and otherwise: a) Fails in giving Respondent full disclosure re the nature and cause of Debt Collector’s claim concerning the hereinabove-referenced alleged debt.” irrespective of the inclusion of any photocopy of any related invoice. constitutes Debt Collector’s tacit admission. Debt Collector tacitly agrees that Debt Collector will compensate Respondent for all costs. in written as well as any other form. 241. such as by commission. in violation of any applicable law. agreement. verifiable claim re the alleged account. Be advised that “verification” is defined (in Black’s Law Dictionary. Due process of law is guaranteed both alleged debtor and Secured Party at Debt Collector’s Office of Risk Management. Notice of Reservation of Right for Initiating a Counterclaim and Filing a Claim against Official Bond 9. ______________ _________ JOHN DOE© Enclosures: Offer of Performance Money Order Verification of Tender of Payment. omissions. summary. and the like. MS-052107-USDE Page 2 of 9 .

BOX 4169 GREENVILLE. including: a. DEPARTMENT OF EDUCATION P. c. Respondent’s Private International Administrative Remedy Demand No. Debt Collector may: a. 70060810000248004329 For: NCO FINANCIAL SYSTEMS. 2. duty.a. validation of Debt Collector’s right for collecting the alleged debt by providing the requisite verification. made fully part hereof. and the like containing Respondent’s bona fide signature (subjective theory). as well as exchange of a detriment (implied contract). Any evidence of any series of external acts giving the objective semblance of agreement (objective theory).Date: May 21. Any evidence of an exchange of a benefit. INC.S.” re alleged account 123-45-6789.b.e.S. TX 75403-4169 Alleged Creditor: Alleged Account: Alleged Amount Due: U. duty.90 Re: Subject:Offer of Performance OFFER OF PERFORMANCE 1. and indicating whether Debt Collector is the current owner. obligation. 1 Verification: Confirmation of correctness. assignee. Sixth Edition. asserts. provision by Debt Collector of verification1 of the alleged debt . Via Presentment. 2007 Recording Requested by. etc. negotiation. b. Concerning this Offer of Performance. liability.O. All other documentary evidence between Respondent and Debt Collector that Debt Collector relies upon in making Debt Collector’s presumptive claim. including interest and penalties. named in the hereinabove-referenced Presentment. Object regarding the mode of this Offer This Offer of payment of that certain sum of money that Debt Collector alleges. 3. accompanied by documentary evidence establishing the factual basis for Debt Collector’s claim for payment asserted within Debt Collector’s above-referenced Presentment. transfer of rights. A Debt Collector. a copy of which is attached herewith. Copies of all agreements of assignments. and the like intended as obligating Respondent. oath or deposition. c. MS-052107-USDE Page 3 of 9 . constitutes Respondent’s debt. All relative commercial instruments. JOHN DOE©. and When Recorded Return to: In care of: 303 Park Avenue South Suite 1208 New York 10010 New York Republic JOHN DOE Respondent Private International Administrative Remedy Demand No MS-05/21/07-USDE This notice is binding upon every principal and agent re the subject matter set forth herein Via: United States Post Office Certified Mail Article No. with evidence of Respondent’s consent with any such agreement if a novation. and liability . namely.297. contracts. holder.. obligation. Accept this Offer. Affidavit of truth of matter stated and object of verification is to assure good faith in averments or statements of party Black’s Law Dictionary. d. i. by affidavit. holder in due course. Reject this Offer. hereinafter “Debt Collector” U. and the like. b. e. truth or authenticity. d. hereinafter “Offer. with the intent of extinguishing any alleged debt. and included herein by reference. DEPARTMENT OF EDUCATION 123-45-6789 $11. This Offer of Performance is tendered in good faith as full satisfaction of the claim referenced above. is made dependent upon performance by Debt Collector of Conditions Precedent concerning which Respondent/Offeror is entitled by the fundamental principles of American Jurisprudence and law.

agents. Respondent/Offeror does not waive timeliness. Dated: Monday. Respondent/Offeror hereby give Debt Collector notice that as an operation of law as codified at California Civil Code § 1485 and California Code of Civil Procedure § 2974. 5. 2007 Signed: ________________________________ Respondent/Offeror Witness:……………………………………………………. with good cause shown therein. however. within said period. and included herein by reference. which is hereby set at twenty-on (21) days. If additional time is needed. Due process of law is guaranteed both alleged Debtor and Secured Party at Debt Collector’s Office of Risk Management. b. Debt Collector Disclosure Statement must be completed by Debt Collector and received by Respondent within twenty-one (21) days of Debt Collector’s receipt of this Offer of Performance if Debt Collector whishes Debt Collector’s claim considered by Respondent. and that Debt Collector tacitly agrees that Debt Collector must compensate Respondent for all Costs. as well as for delivering a written instrument/specific personal property. setting forth Debt Collector’s reasons for requesting such extension of time with good cause shown. and assignees of Debt Collector.” attached herewith. if not accepted. verifiable. An offer in writing for paying a particular sum of money. 241. 9. 4 at USC § 1692. whose acts/omissions result in tort damages against Respondent/Offeror. made in conformity with the rules prescribed. respectively: a. and A certified copy of any judgment. is conditioned solely upon the decision of Respondent/Offeror.. Name and address of original creditor. g. claim re this alleged account. MS-052107-USDE Page 4 of 9 . “Debt Collector Disclosure Statement. Debt Collector confesses judgment and Respondent reserves right for: a. including Debt Collector and all principals. 242. An obligation is extinguished by an offer of performance. 10. and with the intent of extinguishing the obligation. 7. the granting of which. Debt Collector must make a request in writing before expiration of said twenty-one (21) day period described above in paragraph “4”. In event that Debt Collector does not respond re this Offer within the prescribed time limit for response. Respondent’s Private International Administrative Remedy Demand No. for ensuring that Debt Collector clearly and conspicuously makes all required disclosures in writing in accordance with applicable portions of Truth in Lending (Regulation Z) 12 CFR 226. the equivalent of the actual production and tender of the money/instrument/property. Respondent/Offeror will consider any such request for extension of time. then Debt Collector tacitly agrees that Debt Collector has no bona fide . 8. however. and is codified at 18 USC §§ 1581. Respondent/Offeror expects a response re this Offer within a reasonable period of time of receipt of this Offer. Filing claim against the bond of any responsible party. made fully part hereof. Debt Collector also tacitly consents and agrees that Debt Collector has a duty for preventing this alleged account from damaging Respondent in any way. lawful. fees and expenses incurred defending against any collection attempts by Debt Collector re the above-referenced alleged account. Witness……………………………………………………. May 21. not counting day of service.f. and elsewhere. is. that Debt Collector waives any and all claims against Respondent. b. and there is likewise been no request for extension of time. Initiating a counterclaim against Debt Collector. 6. 4. Respondent also expressly includes this Offer of Performance.

if Payee/Debt Collector needs additional time. The acceptability of any such request received by Maker from Payee/Debt Collector is conditional upon approval by Maker.DEPARTMENT OF EDUCATION. i. However. made fully part hereof.297. and included herein by reference. JOHN DOE.S. Payee/Debt Collector tacitly consents and agrees that Payee/Debt Collector has no bona fide verifiable claim re this alleged account. and When Recorded Return to: JOHN DOE© 303 Park Avenue South. U.a. with good cause shown. 1933.297. only the following types of ID accepted: state-issued Drivers License: state-issued Identification Card.90 Order of: ***UNITED STATES TREASURY / U. MS-052107-USDE Page 5 of 9 . d. and that Debt Collector confesses judgment and Maker reserves the right for initiating a counterclaim against Debt Collector. Maker does not waive timeliness. DEPARTMENT OF EDUCATION 123-45-6789 $11. at Maker’s location. as full satisfaction of a alleged debt claimed and allegedly owed in favor of Payee herein. i. This statement constitutes Maker’s promise for paying this instrument upon presentment and indorsement. and assignees of Debt Collector. and for filing a claim against the bond of any responsible party. 3-311. setting forth the reasons Payee/Debt Collector request an extension of time. _______________________________________ Printed Name of Indorser _______________________________________ Official Title of Indorser _______________________________________ Date of Presentment and Indorsement Recording Requested by. 3-103(a)6). hereinafter “Maker.e. Government issued ID with photograph required. 2007 Pay to the ***$11. Suite 1208 New York 10010 New York Republic ______________________________________ Form of Photo Identification ______________________________________ Signature of Indorser Right Thumb Print Respondent’s Private International Administrative Remedy Demand No. a debt collector.. and in accordance with law as codified at UCC §§ 1-103.S. As an operation of law. Payee/Debt Collector tacitly consents and agrees that there is accord and satisfaction by use of this instrument for satisfying Payee’s/Debt Collector’s claim and Maker is hereby discharged from liability on this alleged account and the obligation is suspended in accordance with law as codified at UCC §§ 3-310(b). 3-104(a)(b) and Public Policy at House Joint Resolution 192 of June 5th. Respondent/Maker Witness…………………………………………….” in good faith. Passport. 1-201(4)(28)(30)..S. Payee/Debt Collector tacitly consents and agrees that Debt Collector has a duty for preventing this alleged account from damaging Maker in anyway. DEPARTMENT OF EDUCATION **** *** Eleven Thousand Two Hundred and Ninety Seven and 90/100 *** DOLLARS This Instrument is tendered by the Undersigned Respondent. agents.e. Authorized person indorse below. 2007 ______________________________ ___(PRINT) JOHN DOE©.90 A true correct copy of Presentment is attached hereto. In the event this Instrument is not presented for payment within a reasonable period of time. and 3-603.b. Dated: May 21. including Debt Collector and all principals. Payee/Debt Collector must present Maker with a written request for additional time within a reasonable time.MONEY ORDER Void where prohibited by Law Money Order Number: MS-052107-USDE Date: May 21. and there is has been no request for an extension of time with good cause shown. 1-104. Print name and official title when presenting this instrument for payment. as per Payee’s/Debt Collector’ Presentment: Alleged Creditor: Alleged Account No: Alleged Amount Due: U. Witness………………………………………………. whose act/omissions result in tort damages against Maker.

correct. and the truth. and state that: 1. that Declarant can competently state the matters set forth herein. Dated: Signed: _____________________________(PRINT) JOHN DOE© Declarant Witness……………………………………. a Debt Collector. declare. the whole truth. Declarant. hereinafter “Declarant. 2.b. that the contents are true.. Verification and Certification 7. declare. 5. Further Declarant saith naught. Declarant can competently state the matters set forth herewith. This Tender and Reservation of Right is not interposed for purpose of delay. complete and certain. 3.a. The Undersigned Declarant. This Tender and Reservation of Right does not prejudice U. Witness……………………………………... d.” does herewith swear.VERIFICATION OF TENDER OF PAYMENT and NOTICE OF RESERVATION OF RIGHT FOR INITIATING COUNTERCLAIM and FOR FILING CLAIM AGAINST BOND Respondent’s Private International Administrative Remedy Demand No. Declarant has read and signed this Verification of Tender of Payment and Notice of Reservation of Right for Initiating Counterclaim and for Filing Claim Against Bond. Declarant has personal knowledge of the facts stated herein. JOHN DOE© i. JOHN DOE©.e. Declarant does not join in any merits of Presentment of NCO FINANCIAL SYSTEMS.S DEPARTMENT OF EDUCATION in this matter. 2007 Respondent’s Private International Administrative Remedy Demand No. does herewith swear.. May 21. 6. hereinafter “Tender and Reservation of Right. and nothing but the truth as per the best of Declarant’s knowledge and overstanding. and affirm that Declarant executes this Tender and Reservation of Right with sincere intent. MS-052107-USDE Page 6 of 9 .” Plain Statement of Facts 4. not misleading. INC. MS-052107-USDE Introductory Certification The Undersigned.

was the alleged account taken for value? YES NO 20. applicable portions of Truth in Lending ( Regulation Z). was there consideration? YES NO 18. date of purchase of this alleged account from alleged Original Creditor and purchase amount: Date_________________________________ Amount__________________________________________________ 12. re the alleged debt. 12 CFR 226. by affidavit. 5. Date of Purchase from previous Debt Collector and amount: Date____________________ Amount _______________ 14. 1990). 2. and must be completed in accordance with. and demands as cited above in Offer of Performance. does Debt Collector have a bona fide affidavit of assignment for entering into alleged original contract between alleged Original Creditor and alleged Debtor? YES NO NO 10. If applicable. What is the nature and cause of the consideration cited in #17 above?: _______________________________________________________________________________________________ 19. Transfer rights re this alleged account was executed by the following method: (a) Assignment. What is the nature and cause of any value cited in #19 above? _____________________________________________ . the Fair Debt Collection Practices Act. in any court of competent jurisdiction. the hereinabove-requested verification of the record. 9. 4. what is the name and address of the alleged Original Creditor. Did Debt Collector purchase this alleged account from a previous Debt Collector? YES NO 13. If the transfer of rights re this alleged account was by assignment. i. if Debt Collector is different from alleged Original Creditor.e. 7. MS-052107-USDE Notice: This Debt Collector Disclosure Statement is not a substitute for. Name of Debt Collector:__________________________________________________________________________ Address of Debt Collector:________________________________________________________________________ Name of Alleged Debtor:_________________________________________________________________________ Address of Alleged Debtor:_______________________________________________________________________ Alleged Account Number: ________________________________________________________________________ Alleged Amount Owed:___________________________________________________________________________ Date alleged debt became payable: __________________________________________________________________ Re this alleged account. (c) Novation. 3. “ Confirmation of Correctness. truth or authority. 8. Debt Collector must make all required disclosures clearly and conspicuously in writing re the following: 1. 15 USC § 1692(g). if necessary. (d) Other – explain_________________________________________ 17. Sixth Edition. Respondent’s Private International Administrative Remedy Demand No. 6. nor the equivalent of. (b) Negotiation. if different from Debt Collector?: ______________________________________________________________________________________________ Re this alleged account. Regarding this alleged account.DEBT COLLECTOR DISCLOSURE STATEMENT Re: “Offer of Performance” This statement and the answers contained herein may be used by Respondent. If the transfer right re this alleged account was by negotiation. What are the terms of the transfer of rights re this alleged account?:_______________________________________________________________________________________ 16. Did Debt Collector purchase this alleged account from the alleged Original Creditor?: YES 11. or deposition” (Black’s Law Dictionary. Debt Collector is the (a) Owner (b) Assignee (c) Other – explain _______________________________________________________________________________________________ 15. oath.

What is the nature and cause of any claim(s). Verification cited above in #23 was provided alleged Debtor in the form of: OATH AFFIDAVIT NO NO DEPOSITION 27. bona fide. was consent given by alleged Debtor? YES NO 22. Have any tax write-offs been made by any creditor or debt collector regarding this account? YES NO 40. giving objective semblance of agreement from #35 above? ___________________________________________________________________________________________________ 37. What is the nature and cause of any external verifiable act(s). At the time the alleged original contract was executed. Was said verification cited above in #23 in the form of a sworn or affirmed oath. At the time the alleged original contract was executed. Was alleged Debtor sold any products/services by Debt Collector? YES NO 30.21. giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO 36. Does any evidence exist of verifiable external act(s). What is the nature and cause of any consent cited in #21 above? ____________________________________________ 23. were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO 44. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES 39. original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor’s bona fide signature? YES NO 32. What is the nature and cause of the instrument cited above in #31?_______________________________________________ 33. affidavit. Date said verification cited above in #23 was provided alleged Debtor:________________________________ 25. or deposition? YES 26. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collections Practices Act? YES NO 24. If the transfer of rights re this alleged account was by novation . Does there exist a verifiable. re this alleged account? _________________________________________________________________________________________ 29. defense(s). were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO 43. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO 34. were all parties apprised that said alleged contract was a private credit instrument? YES NO . What is the nature and cause of the verifiable exchange of a benefit or detriment cited above in #33? _____________________________________________________________________________________________ 35. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO NO 38. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO 42. Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES 28. At the time the alleged original contract was executed. What is the nature and cause of any products/services cited above in #29?_____________________________________ 31. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO 41.

as well as providing Respondent with the requisite verification validating the hereinabove-referenced alleged debt. or misleading representation or means in connection with the collection of any debt. both intentional and otherwise. Debt Collector’s claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documents. lawful. Debt Collector’s claim will not be considered and Debt Collector will be liable for damages for any continued collection efforts. along with all required documents referenced in said Debt Collector Disclosure Statement. which specifically includes the requisite verification. If Debt Collector does not respond as required by law. . bona fide claim re the hereinabovereferenced alleged account. all of which are violations of law. Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned’s best first hand knowledge and belief. as well as any other injury sustained by Respondent. and which state in relevant part: “ A debt collector may not use any false. made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq.. Please all thirty (30) days for processing after Respondent’s receipt of Debt Collector’s response.” and “the threat to take any action that cannot legally be taken”. and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and related re any and all collection attempts involving the hereinabove-referenced alleged account. deceptive. constitutes Debt Collector’s tacit agreement that Debt Collector has no verifiable. ___________________________________ Date ___________________________________ Official Title of Signatory ____________________________________ Printed name of Signatory ____________________________________ Authorized Signature for Debt Collector Debt Collector must timely complete and return this Debt Collector Disclosure Statement. in completing/answering points “1” through “44” above and returning this Debt Collector Disclosure Statement. or legal status of any debt.Debt Collector’s failure.” which includes “the false representation of the character.

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