Wednesday, January 9, 2013

TOPPT EXAMPLE: UCC DEMAND COMPLAINT PLANTIFFS ATTORNEY



SAMPLE DOCUMENT - FLORIDA
 - CHANGE WHERE APPROPRIATE -



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______________________________



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

UNITED STATES SECRET SERVICE
Mark Sullivan, Director
Mark Vass
Rose Brown
Angela Zents

FEDERAL BUREAU OF INVESTIGATIONS
Robert S. Mueller, Director
John V. Gillies, Special Agent in Charge-Miami


3 comments:

  1. I am sure you are going to get swamped on this, but... how does this change for different states? I am assuming the Florida State Code is not exactly the same as other states?

    Could one use this in lawsuits raised by debt collectors?

    ReplyDelete
  2. Interesting, but what exactly is your game plan with these draft documents? Are you going to hire a legal proofreader to correct some errors? Do you have a legal team? While I am hopeful, and pass on information about what is going on, I also have to remain highly doubtful. The saying, I'll believe it when I see it ring so true today. Thing is until there is a correlation between alternative news and mainstream news spewing out the same info of mass arrests, etc it will remain out of sync. I have looked into your website, yet your number of visits are pretty low. Not sure if it's due to the fact that it is a new website (then that is understandable) But if you had this website for a long while then unfortunately you don't have enough hits to make a dent in the status quo, it would have to be in the millions. Perhaps you should seek someone or a team of professionals in the marketing or public relations field, anyone who can promote your site as well as your work to a much wider audience.

    ReplyDelete
  3. Recheck number 13, it should read: a loan and a debt are two entirely different concepts, legally and factually;

    ReplyDelete

Note: Only a member of this blog may post a comment.