You are on page 1of 2

JOHN H SMITH

123 Crystal Dr.


St. George, Utah
84770
CAPITAL ONE
123 First Street
Rockville, Maryland
20850-5775
Dear sir:
California state
Washington county

)
) ss
)

I am in receipt of your correspondence referenced above dated _________________________. In


looking through the documents you sent me, I did not find your check or money order enclosed. Please
note my Acceptance for Value of your offer/presentment and my endorsement, and also note that I am
Exempt from Levy. Your corporation is operating in bankruptcy. My acceptance of your offer puts you
into the obligatory position to adjust this account, and to provide me the product of your offer. My
account is prepaid. I have supplied my tax exemption to you for the adjustment of this account, else you
be deemed to be in obstruction of bankruptcy. Please note that I am eligible for the waiver and the priority
exempt delivery of the product in our commercial affairs which is the settlement and adjustment of this
account. I request you waive all fees, fines, costs and charges in accordance with Public Policy under
House joint Resolution 192, and UCC 10-104, or in the alternative your refusal will result in the funds for
contract in involuntary bankruptcy. In other words, you hold my remedy. Under Public Policy no contract
can be made, requiring me to PAY in any particular thing.
The UNITED STATES is bankrupt; the STATE OF CALIFORNIA is bankrupt; the STATE OF
MARYLAND is bankrupt; CAPITAL ONE is bankrupt; JOHN H SMITH is bankrupt.
The fundamental principal in bankruptcy is that there can be no adversarial proceedings in bankruptcy.
Dishonor of my acceptance is adversarial and obstruction of bankruptcy. Dishonor of my acceptance will
serve to fund the involuntary bankruptcy against your public hazard bond and the liquidation of your
equity.
You are the holder of my account, and as such you are my fiduciary. Please issue a check and pay this
account. Or in the alternative since we are co-business partners, please do an administrative offset and
send me a 1099OID so that I may identify who is the fiduciary creditor and who is the fiduciary debtor in
this matter.
Your avoidance of adjusting this account in the bankruptcy would be the evidence that I am eligible for
the waiver, which is to you an estoppel and forfeiture. My acceptance of your offer is the satisfaction of
any claim against the limited liability corporation, JOHN H SMITH/debtor, and you, CAPITAL ONE, are
in estoppel from any further attempts to collect on this claim. Any further action on your part in this
matter will be an injury to John Henry Smith, as inventing third party creditor and real party in interest
who has a priority claim against JOHN H SMITH/debtor.
I am taking this opportunity to make myself perfectly clear with full disclosure and no misunderstanding,
clean hands and good faith. I will not allow the transfer of the Principal Obligation from you to JOHN H

SMITH. CAPITAL ONE has failed to prove a claim against JOHN H SMITH. CAPITAL ONE has not
proved a loss upon which to base a claim for money. CAPITAL ONE is making a fraudulent claim.
CAPITAL ONE is acting in bad faith.
I, John Henry Smith, certify on my own unlimited commercial liability, that I have read the above
affidavit, and do know that the contents are true, correct, complete, and not misleading, the truth, the
whole truth and nothing but the truth.
___________________________________
John Henry Smith, authorized representative and
Attorney in fact for JOHN H SMITH

______________
date

CERTIFICATE OF ACKNOWLEDGEMENT
State of California)
County of _________)
On __________ before me, _____________________________, personally appeared
_____________________________, who proved to me on the basis of satisfactory evidence
(insert name and title of the officer)

to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged
to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)

______________________________________
SIGNATURE OF NOTARY PUBLIC