1849 Flag

To: John Roe C/O CAPITAL ONE, N.A. P.O Box 60599 City of Industry, CA. 91716

From: Jane Doe C/O 419 Bitteroot Street Santa Maria, California, [95491]N/D

CONDITIONAL ACCEPTANCE OF DEBT UPON PROOF OF DEBT VALIDATION I, Jane Doe, one of the people1 of the Republic of California, Sui Juris, being duly sworn do depose and say: that I am hereby presenting this CONDITONAL ACCEPTANCE OF DEBT
VALIDATION UPON PROOF OF CLAIM OF DEBT VALIDATION for alleged account # 4XXXX60264585 to CAPITAL ONE. I require proof of claim of any debt I am liable for, evidenced by a sworn affidavit from a party from CAPITAL ONE having direct knowledge of the debt and documents

below named, hereby requested to be presented.
1. I require a certified copy of the balance sheet showing the account hereafter named ‘source’ that funded the money2 that any advances of valuable consideration on behalf of JANE DOE originated from. I require a certified copy of the balance sheet showing the account hereafter named ‘A’ that the money3 originally came from, that was deposited into the ‘source’ account, or how the ‘source account was funded, and the name of the party who advanced ‘Money’ to the ‘source’ account. 3. I require the balance sheet showing the asset transfer from account ‘A’ into ‘source’ account. An affidavit claiming lawful money was advanced on behalf of JANE DOE and not credit4 in the form of unlawful bills of credit or non-redeemable privately issued promissory notes [FRN]. An affidavit claiming that CAPITAL ONE suffered a loss when JANE DOE did not repay the alleged money advanced on behalf of JANE DOE. The name, position and knowlege of agent at CAPITAL ONE, swearing the affidavit. I require the opportunity to see the original ‘security instrument’ that I signed that created the alleged debt, or credit account. Failure to produce the original will be evidence of fraud in stating that there could be an alleged ‘debt’ owed for failure to be the holder in due course of the instrument. 8. I require the lawful authority that CAPITAL ONE has to create a debt from loaning anything but gold or silver as lawful money as required under the united States Constitution article 1, section 10. 9. I require proof that the original contract was not unconscionable because of fraud evidenced by the failure to disclosure to true nature of the agreement, the failure to provide full disclosure, the failure to give ‘consideration’ by both sides, the failure to have both parties sign a ‘wet-ink’ signature under their full commercial liability. 10. I require proof of compliance with the truth in lending laws of the United States Code, Title 15 § 1601 et. seq. and Regulation Z.

2.

4.
5. 6. 7.

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"...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves....". CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472. 2 MONEY: In usual and ordinary acceptation it means gold, silver, or paper money used as circulating medium of exchange and does not embrace notes[federal reserve notes], bonds, evidences of debt, or other personal or real estate. Lane v. Railey, 280 Ky.

319, 133 S.W.2d 74,79,81. [Blacks Law 4th revised (1968)pg 1157]
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. “…checks, drafts, money orders, and bank notes are not lawful money of the United States…”State v. Neilon, 73 Pac 324, 43 Ore 168. 4 CREDIT: The ability of a business man to borrow money, or obtain goods on time, in consequence of the favorable opinion held by the community, or by the particular lender, as to his solvency and reliability. People v Wasservogle, 77 Cal. 173, 19 P. 270; in re Ford, D.C. Wash., 14 F.2d 848, 849; State ex rel. Globe-Democrat Pub. Co. V Gehner, 316 Mo. 694,294 S.W. 1017, 1018 [Blacks Law 4th revised (1968) pg 440] . “A national bank has no power to lend its credit to any person or corporation…” Bowen v. Needles Nat. Bank, 94 F 925, 36 CCA 553, CERTIORARI DENIED IN 29 S.Ct 1024, 44 LED 637

11. This is NOTICE that 15 U.S.C. § 1692 (e) states that a “false, deceptive, and misleading
representation, in connection with the collection of any debt,” includes the false representation of the character or legal status5 of any debt and further makes a threat to take any action that cannot legally be taken a deceptive practice. Failure to provide verified certified copies and or originals of the requested documents within twenty one (21) calendar days by certified mail [for verification] will be silent acquiescence and tacit agreement that JANE DOE has no debt to CAPITAL ONE and that CAPITAL ONE has, and is engaging in fraud by stating that they are the ‘creditor’6, that they ‘loaned’ any money to JANE DOE, that they are entitled to any valuable consideration from JANE DOE to satisfy a debt that otherwise would create a monetary loss to them. Please take notice that this is a criminal investigation of the business practices of CAPITAL ONE N.A., its agents, officers, employees and attorney(s) to determine violations of the United States criminal laws. Your claim of right in collection of a purported debt appears to be founded upon a false record in violation of U.S.C. Title 18 § 2071 and 2073 (falsifying records) and further; claiming and possessing false allegations and counterfeit securities based upon the falsified records in violation of U.S.C. Title 18 § 471, 472, 473 and/or 513, and further: using corrupt business practices to make and possess false records and un-substantiated claim of obligation, in violation of the Federal Racketeer Influences and Corrupt Organization (RICO), U.S.C. Title 18 § 1961 et. seq. and further: using the U.S. Mail to present such fraud and false instruments amounting to Mail Fraud, criminal conduct falling under Title 18 U.S.C. § 1341 – Frauds and Swindles laws, and further sending mail with false and fictitious names, a criminal conduct falling under Title 18 U.S.C. § 1842 – Fictitious Names. Without prejudice, By:__________________
Authorized representative of JANE DOE

State of California ) County of Sonoma ) Subscribed and sworn to (or affirmed) before me on this _____ day of _________, 2010, by _______________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal

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§ 1692g. Validation of debts ; 1. the amount of the debt; 2. the name of the creditor to whom the debt is owed; “Neither, as included in its powers not incidental to them, is it a part of a bank’s business to lend its credit. If a bank could lend its credit as well as its money, it might, if it received compensation and was careful to put its name only to solid paper, make a deal more than any lawful interest on its money would amount to. If not careful, the power would be the mother of panics,… Indeed, lending credit is the exact opposite of lending money, which is the real business of a bank, for while the latter creates a liability in favor of the bank, the former gives rise to a liability of the bank to another. 1 Morse, Banks and Banking, 5th Ed. Sec 65; Magee, Banks and Banking, 3rd Ed. Sec. 248.” American Express Co. v. Citizens State Bank, 194 NW 429.
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NOTES:

The presentment above for best evidence would be sent by a “proof of service by mail” filled out by the notary who witnessed your signature thus ensuring the evidence of their Notary status being enclosed in the presentment. The proof of service can be filled out by anyone not a party to the action and the Notary does not use their ‘seal’ on the proof of service. The above presentment would be changed to ‘any response shall be sent to Jane Doe [Notary] C/O, [Notarys address]’ after the point where you put ’21 days…would create monetary loss to them’. The process is similar to a default judgement in court, where the clerk of the court notes that the sued party did not file a response within the allotted time [usually 21 or 30 days] and therefore a DEFAULT has occurred. The Notary can sign an affidavit of non-response stating no response was received or if a response was received staple the response to the affidavit of response, giving in truth a default [do not use the Notarys seal on the affidavit, get it notarized by another Notary or have 2 “witness’s” sign it. You can do it without a Notary of course but it will not have the same ‘evidence’ nature in court, where it counts. Both ways should be done by Certified Mail, green signature return card [available at the Post Office] added [the served party has to sign the green card and it will then be mailed back to you to keep in your folder for evidence]. Take the detachable number strip off the Certified Mail sticker and attach it at the top to the Debt Validation letter presentment. When the ‘proof of service’ is filled out note the Certified Mail # on the proof of service and the date and name of the document(s) sent. Now if going to court you have 2 witnesses in the public record, 1, the Notarys Journal is public record and 2, the Post office Certified Mail strip is public record. After 14 days of no response send a NOTICE OF OPPORTUNITY TO CURE and state no response has been received and time is about to expire on the terms of the CONDITIONAL ACCEPTANCE , sign it and send it off with a proof of service, Certified Mail. Then at 21 Days send a FINAL NOTICE OF OPPORTUNITY TO CURE and give them 3 or 7 days more to respond see below. When it is all done be sure to have the Notary give a timeline description of any responses or state there was no response and send the FINAL DEFAULT JUDGEMENT/ NOTICE OF ESTOPPEL Look up to find the CEO or CFO or any Board Member and use their name as addressee, ie. To: John Doe C/O CAPITAL ONE N.A., address
TITLE 18 >2073 Whoever, being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of keeping accounts or records of any kind, with intent to deceive, mislead, injure, or defraud, makes in any such account or record any false or fictitious entry or record of any matter relating to or connected with his duties; or Whoever, being an officer, clerk, agent, or other employee of the United States or any of its agencies, charged with the duty of receiving, holding, or paying over moneys or securities to, for, or on behalf of the United States, or of receiving or holding in trust for any person any moneys or securities, with like intent, makes a false report of such moneys or securities Shall be fined under this title or imprisoned not more than ten years, or both. TITLE 18 > PART I > CHAPTER 25 > § 471 . Obligations or securities of United States Whoever, with intent to defraud, falsely makes, forges, counterfeits, or alters any obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both. § 472. Uttering counterfeit obligations or securities Whoever, with intent to defraud, passes, utters, publishes, or sells, or attempts to pass, utter, publish, or sell, or with like intent brings into the United States or keeps in possession or conceals any falsely made, forged, counterfeited, or altered obligation or other security of the United States, shall be fined under this title or imprisoned not more than 20 years, or both. § 473. Dealing in counterfeit obligations or securities

Whoever buys, sells, exchanges, transfers, receives, or delivers any false, forged, counterfeited, or altered obligation or other security of the United States, with the intent that the same be passed, published, or used as true and genuine, shall be fined under this title or imprisoned not more than 20 years, or both. 1849 Flag To: CAPITAL ONE, N.A. P.O Box 60599 City of Industry, CA. 91716 From: Jane Doe C/O 419 Bitteroot Street Santa Maria, California, [95491]N/D

NOTICE OF OPPORTUNITY TO CURE
Notice to the agent is notice to the principal, and notice to the principal is notice to the agent

I, Jane Doe, one of the people7 of the Republic of California, Sui Juris, sent [or had Notary Jane Doe send] CAPITAL ONE N.A. a “CONDITONAL ACCEPTANCE OF DEBT VALIDATION UPON
PROOF OF CLAIM OF DEBT VALIDATION for alleged account # 4XXXX60264585” by Proof of Service, Certified Mail # 7008 4443 7988 2222 [whatever the # was] on January 20, 2009 [ or whatever the date was] and you received it on [ whatever the signature card stated] I have not received, nor has my Notary received the required response [or ‘any response’, required would be answering each and every point] and time is about to expire on rebutting my assertions stated in said presentment. You are hereby noticed you have an opportunity to cure your dishonor [failure to respond is dishonor] by rebutting my points within the time stated in said presentment. Failure to respond will result in an Estoppel8 barring making any claim of a debt owing to CAPITAL ONE N.A. by Nil Dicit, and the doctrine of Laches. The following is noted in the original presentment:
“Failure to provide verified certified copies and or originals of the requested documents within twenty one (21) calendar days by certified mail [for verification] will be silent acquiescence and tacit agreement that JANE DOE has no debt to CAPITAL ONE and that CAPITAL ONE has, and is engaging in fraud by stating that they are the ‘creditor’, that they ‘loaned’ any money to JANE DOE, that they are entitled to any valuable consideration from JANE DOE to satisfy a debt that otherwise would create a monetary loss to them.” dated:_____________

Without prejudice,

By:________________
Witnessed By:______________________ dated:_____________ Witnessed By:_______________________ dated:______________

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"...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves....". CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472.
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AQUIESCENCE: Acquiescence and laches are cognate but not equivalent terms. The former is a submission to, or resting satisfied with, an existing state of things, while latches implies a neglect to do that which the party ought to do for his own benefit or protection. Hence laches may be evidence of acquiescence. Laches imports a merely passive assent, while acquiescence implies active assent. In re Wilbur’s Estate, 334 Pa. 45, 5 A.2nd 325,331.”Acquiensence” relates to inaction during performance of an act while “laches” relates to delay after act is done. Bay Newfoundland Co. v Wilson & Co., 24Del.Ch.30, 4 A.2d 668,671, 673. “acquiescence is a species of estoppel.” Bankers’ Trust Co. v. Rood, 211 Iowa, 289,233 N.W.794, 802, 73 A.L.R. 1421 [BlksLaw4thEd.,’68,pg.40-verified]

1849 Flag 1849 Flag

To: CAPITAL ONE, N.A. P.O Box 60599 City of Industry, CA. 91716

From: Jane Doe C/O 419 Bitteroot Street Santa Maria, California, [95491]N/D

FINAL DEFAULT JUDGEMENT/ NOTICE OF ESTOPPEL
Notice to the agent is notice to the principal, and notice to the principal is notice to the agent I, Jane Doe, one of the people9 of the Republic of California, Sui Juris [competent to handle my own affairs], sent [or had Notary Jane Doe send] CAPITAL ONE N.A. a “CONDITONAL ACCEPTANCE OF DEBT VALIDATION UPON PROOF OF CLAIM OF DEBT VALIDATION for alleged account # 4XXXX60264585”dated [put date signed and Notarized here] by Proof of Service, Certified Mail # 7008 4443 7988 2222 [whatever the # was] and you received it on [ whatever the signature card stated]. In addition I sent a presentment “NOTICE OF OPPORTUNITY TO CURE” dated [the date it was signed on] and sent Proof of Service, Certified Mail # [whatever the number is] and you received it on [get electronic signature from USPS on Track and Confirm or green card], I have not received, nor has my Notary received the required response [or ‘any response’, required would be answering each and every point] and time has expired for rebutting my positions stated in said presentments. This is to notice you, of this default judgement against you and by Nil Dicit10 you have stipulated agreement with the original presentment dated [notarized date] and this is also your “NOTICE OF ESTOPPEL” barring you from claiming a debt owed by JANE DOE or Jane Doe to CAPITAL ONE N.A. re: account # 4XXXX60264585.

Without prejudice, By:______________________
Jane Doe authorized representative of JANE DOE

State of California ) County of Sonoma ) Subscribed and sworn to (or affirmed) before me on this _____ day of _________, 2010, by _______________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal

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"...at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects...with none to govern but themselves....". CHISHOLM v. GEORGIA (US) 2 Dall 419, 454, 1 L Ed 440, 455 @DALL (1793) pp471-472. 10 NIL DICIT: He says nothing. This is the name of the judgment which may be taken as of course agisnt a defendant who omits to plead or answer the plaintiff’s declaration or complaint within the time limited. In some jurisdictions it is otherwise know as judgment “for want of a plea.” Gilder v. McIntyre, 29 Tex. 91; Falken v. Housatonic R. Co., 63 Conn. 258, 27 A. 1117; Wqilbur v. Maynard, 6 Colo. 486

Notes: All letters created are originals with wet-ink signatures and/or notary stamped and should be kept in your possession. Make photo copies to send to the named addressee’s [the bank, etc.]. at the top put “true copy of original” and initial it. The true copies will be for presentation in court or if required for viewing purposes by the bank [they should have the original wet-inked signed credit application from you for your viewing shouldn’t they? If you go to the bank and try to cash a photocopy of a check, will the bank cash it?- NO. Originals are what make the debt a debt.]. If the bank is taking you to court over a debt. You can accelerate the time for a response to validate the date to say 10 days. Often an attorney claiming to represent the bank will file a case and put the trial date a year away, which makes you think you have nothing to worry about until then, WRONG. If you don’t “Answer” the summons within the time allowed [usually 21 days] you will have defaulted and the attorney will get a ‘default’ judgment allowing to get a ‘Writ of Execution’ to collect any money they can from you. They can get money from your bank account this way. The easiest way to file an “answer” is to take their complaint [see what a complaint looks like in the ‘Counterclaim’ or ‘final ruling’ or any other court writing I have posted at scribd.com/andyjackson. Sometimes the clerk of the court will not have a legitimate complaint on file in your case and the paperwork will be court paperwork instead. Simply file the answer part stating “I object, I don’t owe any money to CAPITAL ONE” to the complaint as filed. If it is a formal complaint go to a photo copier and use make a copy and then use white out and eliminate the name of the attorney at the left upper corner, the Name of the charges to the right of the plaintiff/ defendant area and use a black pen and block letter print “ANSWER” in that space [over the white outed previous charge ie COMPLAINT FOR MONEY or?]. Then below the line where it states what the charge is again write ANSWER and below that state ”Comes now, [Jane Doe –your name] one of the people of the Republic of [your state ie Texas]in this court of record does answer case # MCV XXXXXX [or whatever the case # is] as follows: and then using the photocopy it will have 1. Plaintiff is now and has always been…. whatever it says you think about it and say either “I have no knowledge”, “I admit” or “I deny” and print it in block lettering after their statement. This makes for a whole lot less creating and typing a formal answer but it is still acceptable by the court. Answer each point they make. Failure to answer them will be default on your part, just like when they fail to answer any of your points it will be default on their part. Send the attorney a “PUBLIC SERVANT QUESTIONAIRE” to see if he is legitimate Do you have a license to practice law [they never do as no state issues licenses to practice law (only the private BAR association does) and ONLY a state can issue a license ie the privilege of doing something which otherwise would be illegal]? Do you have a Bond or Insurance policy to protect the public from dishonest activity on your part and provide evidence showing your Bond or Insurance Policy. [makes them really uncomfortable]? Do you have a Power of Attorney to represent [CAPITAL ONE or whoever]? If yes, show a copy of it. Does [CAPITAL ONE or whoever] have a charter and license to operate in the State of [your state]? and show evidence if they do. [If they don’t they can’t sue you] Does [CAPITAL ONE or whoever] have “standing” to sue me? [the requirement to start a suit is standing which has been defined as proof of direct ‘loss’ or ‘rights violation’ with criminal intent on the part of the defendant [you, the sued party] Does [attorney suing] have any first hand knowledge of a debt owed by [you, Jane Doe][if not everything is hearsay and inadmissible in court]. Is this lawsuit evidence of malicious intent to extort money from Jane Doe? Failure to answer this counterclaim [to your right to sue me] within 21 calendar Days will be silent aquiesence and tacit agreement that the named attorney has no Standing to sue Jane Doe and is engaged in an attempt to maliciously extort money from Jane Doe.