TOPPT EXAMPLE: UCC DEMAND COMPLAINT PLANTIFFS ATTORNEY

SAMPLE DOCUMENT - FLORIDA

 - CHANGE WHERE APPROPRIATE -

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June 20, 2012

[name of plaintiff's attorney]

[address of plaintiff's attorney]

cc:  See Annex A, restated and incorporated here as if set forth in full

Reference:  Alleged [enter case # and name]

Dear [Plaintiff's Attorney]

I received a document that purports to be a complaint to the [enter name of court] in Miami, Florida.

As the lawful owner of the private land and building located near [enter your address], I will be happy to comply with this purported complaint as soon as I receive the following documents from you:

THE PURPORTED COMPLAINT IS REJECTED WITHOUT DISHONOR AND PURSUANT TO PUBLIC POLICY UCC 3-501, FLA. STAT. § 673.501, and any and all “STATE OF . . .” and international equivalents.  Pursuant to said Public Policy, I demand that you produce:

1.     your identification, public policy UCC 3-501, FLA. STAT. § 673.501 , all “STATE OF . . .” and International equivalents, sworn by wet-ink signature signed under the penalty of perjury under the laws of the United States of America and the state of Florida that the foregoing is true and accurate copy of your identification registered with  the appropriate public and government offices;

2.     your Florida bar association number, public policy UCC 3-501, FLA. STAT. § 673.501, all “STATE OF . . .” and International equivalents, sworn by wet-ink signature signed under the penalty of perjury under the laws of the United States of America and the state of Florida that the foregoing is true and accurate bar number registered with the appropriate public and government offices;

3.     your oath, sworn by wet-ink signature signed under the penalty of perjury under the laws of the United States of America and the state of Florida that the foregoing is true and accurate copy of the original recorded with the appropriate public and government offices;

4.     your bond, sworn by wet-ink signature signed under the penalty of perjury under the laws of the United States of America and the state of Florida that the foregoing is true and accurate copy of the original recorded with the appropriate public and government offices;

5.     the accommodation agreement, public policy UCC 3-419, FLA. STAT. § 673.419, all “STATE OF . . .” and International equivalents, by and between you and [name of Plaintiff] authorizing you to represent and present [plaintiff] to third-parties, sworn by wet-ink signature signed under the penalty of perjury under the laws of the United States of America and the state of Florida that the foregoing is true and accurate copy of the original on record with [plaintiff] and the appropriate public and government offices;

6.     a certified copy of the board resolution,  public policy UCC 3-419, FLA. STAT. § 673.419, all “STATE OF . . .” and International equivalents, duly executed by [plaintiff] authorizing them to file suit and hire you to represent and present on the behalf of [plaintiff] to third-parties, sworn by wet-ink signature signed under the penalty of perjury under the laws of the United States of America and the state of Florida that the foregoing is true and accurate copy of the original in the custody of [plaintiff] and with the appropriate public and government offices, if any;

7.     the original contract by and between myself and [plaintiff] with my wet-ink signature and the wet-ink signature of [plaintiff], signed knowingly, willingly, and intentionally signed under the penalty of perjury under the laws of the United States of America and the state of Florida that the foregoing is true and accurate;

8.     I deny that any such contract exists;

9.     proof of that a loan was made:

(a)    proof of prior title and ownership of funds allegedly loaned to me by [plaintiff];

(b)    proof of history of funds allegedly loaned to me by [plaintiff]; and,

(c)    proof of actual transfer of said funds by [plaintiff] to me;

10.   I deny that any loan exists;

11.   proof of a perfected debt that is collectible by [plaintiff] from me;

12.   I deny that any perfected debt exists;

13.   a loan and a debt are to entirely different concepts, legally and factually;

14.   a loan is not a debt; a debt is not a loan;

15.   the statute, implementing regulation, state and Federal Register volume and page number where a requirement has been published that states I must comply with the complaint without my consent;

16.   I deny that any such statute, implementing regulation, state and Federal Register exists;

17.   the statute and implementing regulation that states or authorizes your jurisdiction over me, my private land and my property without my consent;

18.   I deny that any such statute and implement regulation exists;

19.   an original accommodation agreement, public policy UCC 3-419, FLA. STAT. § 673.419, all “STATE OF . . .” and International equivalents, made knowingly, willingly, and intentionally, signed by my wet-ink signature signed under the penalty of perjury under the laws of the United States of America and the state of Florida that the foregoing is true and accurate;

20.   I deny giving knowing, willing, and intentional written consent to [plaintiff] granting authority over me and my property, or authority to represent me and present on my behalf, signed by my wet-ink signature signed under the penalty of perjury under the laws of the United States of America and the state of Florida that the foregoing is true and accurate;

21.   My principle of law is aligned with common law and protected under the UNITED STATES CONSTITUTION, Article 4 Section 3 Clause 1;

22.   Identify your principle of law, public policy UCC 1-103, FLA. STAT. § 671.103, all “STATE OF . . .” and International equivalents, that abrogates my rights duly reserved and protected as stated herein, signed and sworn by wet-ink signature signed under the penalty of perjury under the laws of the United States of America and the state of Washington that the foregoing is true and accurate;

23.   I deny that [Plaintiff] can produce the proof and documents as demanded in #1-22 above;

24.   I deny that [plaintiff's attorney]can produce the proof and documents as demanded in #1-23 above;

25.   I DEMAND THAT YOU PRODUCE THE PROOF and DOCUMENTS AS DEMANDED IN #1-24 ABOVE, SEPARATELY POINT BY POINT, WITH SPECIFICITY AND PARTICULARITY;

26.   NOTICE:  YOUR FAILURE TO PRODUCE THE PROOF AND DOCUMENTATION AS DEMANDED IN #1-25 ABOVE RENDERS THE ABOVE ALLEGATIONS AND YOUR INABILITY OR UNWILLINGNESS TO PRODUCE AS TRUTH, AS A MATTER OF LAW, MATTER OF FACT AND AS A MATTER OF PUBLIC POLICY, RESULTING IN THE ISSUANCE OF A CERTIFICATE OF DISHONOR PURSUANT TO PUBLIC POLICY UCC 3-505, FL. STAT § 673.505.

IF YOU ARE UNWILLING OR INCAPABLE OF PRODUCING THE PROOF AND DOCUMENTATION AS DEMANDED IN #1-25 ABOVE, THEN YOU ARE ORDERED TO:

A)    CEASE AND DESIST PERMANANTLY FROM CONTACTING ME DIRECTLY AND INDIRECTLY BY ANY MEANS OF COMMUNICATION; YOU ARE HEREBY ORDERED TO CEASE AND DESIST PERMANANTLY FROM ALL ACTS AND INACTIONS THAT ARE CONSIDERED BY A REASONABLE MAN TO BE HARASSMENT UNDER ANY LAW AND JURISDICITION AGAINST MYSELF, MY FRIENDS, MY FAMILY, MY EMPLOYEES, MY WORK ASSOCIATES, MY AGENTS, AND MY PRIVATE LAND AND PROPERTY;

By your failure to CEASE AND DESIST, and to produce proof of your identification, standing, authority and jurisdiction as demanded in #1-25 above, you are deemed “uncooperative” but you are knowingly, willingly and intentionally accepting full liability and responsibility, to be perfected as due, owing and collectible, pursuant to the process as noticed and stated in # 26 above, inclusive of any and all damages incurred by me due to your actions and in-actions, by true bill, duly secured, invoicing principle amount, costs, expenses, lost profits, interest, and triple damages accumulating and accruing, nunc pro tunc.

NOTICE TO PRINCIPAL IS NOTICE TO AGENT; NOTICE TO AGENT IS NOTICE TO PRINCIPAL

Duly sworn as true and correct, executed on this ___ day of ______, 2012, with all rights reserved without prejudice, UCC 1-308,  FLA. STAT. § 671.207, and any and all “State of . . .” and international equivalents (“UCC 1-308”): 

UCC 1-308___________________________________________

[Name]

c/o [your address (near [your zip])

PUBLIC NOTARY

STATE OF_________________)

                                                )ss

COUNTY OF______________)

On _________2012, ________________________ did personally appear before me, a licensed public notary for the STATE OF__________________, and did produce satisfactory evidence of identification that he/she is the person whose signature and initials are affixed to this instrument.  Furthermore, he/she did swear under the penalties of perjury under the United States of America, without state of Florida, that he did affix his/her signature to this instrument knowingly, willingly and intentionally.

_________________________________________________                          [seal]

name                                                                 date

my commission expires______________________________

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ANNEX A

notice to principal is notice to agent

notice to agent is notice to principal

RICK SCOTT GOVERNOR STATE OF FLORIDA 400 S. Monroe St Tallahassee, FL 32399

KEN DETZNER SECRETARY OF STATE STATE OF FLORIDA P.O. BOX 6327 Tallahassee, FL 32314

PAM BONDI ATTORNEY GENERAL STATE OF FLORIDA The Capitol PL-01 Tallahassee, FL 32399-1050

FLORIDA SUPREME COURT

Charles T. Canady, Chief Justice

500 South Duval Street

Tallahassee FL 32399-1925

DEPARTMENT OF JUSTICE

OFFICE OF PUBLIC INTEGRITY

Jack Smith, Chief

jack.smith@usdoj.gov

UNITED STATES SECRET SERVICE

Mark Sullivan, Director

Mark Vass

mvass@usss.treas.gov

Rose Brown

rose.brown@usss.dhs.gov

Angela Zents

angela.zents@associates.usss.dhs.gov

FEDERAL BUREAU OF INVESTIGATIONS

Robert S. Mueller, Director

John V. Gillies, Special Agent in Charge-Miami

miami@ic.fbi.gov

ctmortgagefraud@ic.fbi.gov