John Henry Doe,
123 Main Street
Anytown
Texas 12345

2ND CREDITOR NAME HERE
Attorney for Plaintiff
123 WASHINGTON AVE
JONESVILLE TX 98765  					November 13, 2003

Re: account # 123456789 

Subject: Dispute of Debt and Proposed Structured Settlement.

I am in receipt of your bill dated [_____________________] and am confused as to your offer. This is my formal dispute of the entitlement and verification of your alleged claim. In light of the imminent expense both parties stand to incur, we propose to settle this matter with CREDITOR NAME HERE subject in principle to the following, general terms, as follows.

Upon mutual execution of a mutually acceptable Structured Settlement Agreement
1)	We will promptly pay the full, alleged outstanding balance of $10,000.00 by way of certified check;
2)	Each party will bear its own costs, interest and attorney fees of the incident action;
3)	Each party will mutually release with prejudice the other party of any and all claims they might have;
4)	CREDITOR NAME HERE will deliver to us the original CONSUMER SIMPLE INTEREST NOTE AND CHATTEL SECURITY AGREEMENT (hereinafter “Note”), bearing our original signatures, including any and all addenda bearing any and all prior endorsements from the time of the Note’s inception, and bearing CREDITOR NAME HERE’s final endorsement dated and stating “Paid In Full”.
5)	CREDITOR NAME HERE will deliver to us a verified copy of a certain “BILL OF SALE” (or its legal equivalent) of said Note by virtue of which BANK PRINCIPLE NAME HERE in its capacity as successor and Debt Collector, acquired Holder In Due Course status from CREDITOR NAME HERE and became entitled to enforce said Note;
6)	CREDITOR NAME HERE will deliver to us a verified copy of a certain “BILL OF SALE” (or its legal equivalent) of said Note by virtue of which CREDITOR NAME HERE acquired Holder In Due Course status from BANK PRINCIPLE NAME HERE thus becoming entitled to enforce said Note in CREDITOR NAME HERE’s capacity as successor Debt Collector;
7)	CREDITOR NAME HERE will deliver to us a duly executed CERTIFICATE OF RECONVEYANCE of said “Paid in Full” Note;
8)	CREDITOR NAME HERE will deliver to us a duly executed RELEASE OF LIEN AND/OR COLLATERAL secured by said Note, enumerating the lien an/or collateral released;
9)	CREDITOR NAME HERE will duly execute and file the required papers / forms to dismiss this action with prejudice.

Before you deem the above unreasonable, please consider the following facts… 
a)	said Note is a “secured transaction”, and pursuant to [their state here]’s and Texas’s adoption of the U.C.C., existence of the above documentation is mandatory (which is what our request is about);
b)	the chain of Holders in Due Course of said Note is quite “clouded”, and being a Holder in Due Course is a condition precedent to enforcing said Note (which is what your claim is about); 
c)	the amount of money we offer to pay to settle this matter is fair and just since no competently verified accounting was ever given by any of said Holders in Due Course of the amounts already paid by us vs. amounts still owed;

One more concern we must mention at this time: we need to know, are entitled to know, and will only know with absolute certainty by way of a physical inspection of all the original endorsement(s) on said Note (Item #4, supra) that CREDITOR NAME HERE has not deposited said Note for value in our borrowers’ transaction account thereby funding the alleged loan from the tendered Note. 

WHEREAS, we believe that our request for delivery of competent documentation (items #4 through #8, supra) is a justified condition precedent to an equitable settlement, a mutual dismissal of all claims, and thus to bring about permanent closure of this matter.

WHEREAS, this PROPOSED STRUCTURED SETTLEMENT OFFER is good and remains open until [Insert time and date here]. In the event CREDITOR NAME HERE desires to consummate this proposed settlement, please indicate to us as soon as possible in the affirmative so that a satisfactory STRUCTURED SETTLEMENT AGREEMENT may be drawn up (either by you, or if you prefer, by us) and entered into.

In the event CREDITOR NAME HERE requires additional time to locate / execute / verify the requested documentation in its Good Faith efforts to reach a mutually satisfactory settlement with us, you should promptly stipulate to a reasonable extension of time for us to file our Answer (in the event said Settlement fails to materialize despite having agreed to settle in principle).
Sincerely,

							__________________________	
John Henry Doe

Jurat

On this day came before me the Affiant a living flesh and blood man to oath and attest and affirm the signature is true, complete, and correct on the foregoing affidavit.  John Henry Doe the undersigned, who is personally known by me or upon proper oath and identification, personally came before me, the subscriber, a notary public in and for said County and State, and Duly Affirmed the truth of the foregoing Affidavit in my presence.  The Affiant also acknowledged the signing thereof to be his own voluntary act and deed.  Signing the within instrument in my presence and for the purpose therein stated.

Signed this day________________, of____________________, ______________ at 

________________________________.

My commission expires on: ________________________

By_________________________ 

seal:___________________

PROOF OF SERVICE

One, John Henry Doe, a living breathing man, does hereby swear and affirm on One’s own unlimited commercial liability, that true, correct and complete copies of the Notice of Superior Entitlement Right have been served this date November 13, 2003 addressed as follows:

via Certified Mail # XXXX XXXX XXXX XXXX XXXX to:

CREDITOR NAME HERE, 
123 RIPOFF LANE
ANOTHER TOWN, TX 54321

	

By:___________________________

Jurat

On this day came before me the Affiant a living flesh and blood man to oath and attest and affirm the signature is true, complete, and correct on the foregoing affidavit.  John Henry Doe the undersigned, who is personally known by me or upon proper oath and identification, personally came before me, the subscriber, a notary public in and for said County and State, and Duly Affirmed the truth of the foregoing Affidavit in my presence.  The Affiant also acknowledged the signing thereof to be his own voluntary act and deed.  Signing the within instrument in my presence and for the purpose therein stated.

Signed this day________________, of____________________, ______________ at 

________________________________.

My commission expires on: ________________________

By_________________________