John Henry Doe
123 Main Street
Anytown, [12345]
Texas

CERTIFIED MAIL RECEIPT # XXXX XXXX XXXX XXXX XXXX
CREDITOR NAME HERE
ATTN: Dispute Department
123 RIPOFF LANE
ANOTHER TOWN, TX 54321
Re: Account Number: 123456789

ACTUAL NOTICE AND DEMAND FOR LAWFUL NOVATION AND ADEQUATE ASSURANCE OF DUE PERFORMANCE

Dear Dispute Department:

I hereby give actual notice to CREDITOR NAME HERE for adequate assurance of due performance regarding the above mentioned alleged account. Notice unto the Principal is Notice unto the Agent and Notice unto the Agent is Notice unto the Principal.

I have conducted a reasonable investigation an inquiry into this matter and I have concluded that CREDITOR NAME HERE may hold no lawful interest and have breached the original alleged credit card agreement by failing to provide facts of a lawful novation and adequate and valuable consideration and full disclosure of the original terms and conditions of the alleged original agreement

This notice is not a refusal to pay however, in order for me to proceed with any further payments I am requesting CREDITOR NAME HERE execute the attached affidavit and return it to be within thirty days as provided by law that affirms whether CREDITOR NAME HERE has followed the bookkeeping entries under Regulatory Accounting Principles, hereinafter (RAP) or Generally Accepted Accounting Principles (hereinafter "GAAP"), and the Federal Reserve Bank’s policies and procedures.

All communications or omissions will be made a part of an incorporated into any litigation arising from this matter.

Therefore, your failure to answer this notice by either admitting or denying the allegations within thirty days (30) or requesting additional time confirms that no further action will be taken, no further payments are required, and an absolute waiver of any right to collect sell or transfer the alleged debt.

Signed: 

__________________________________ 			_________________
By John Henry Doe Date 					November 13, 2003

Affidavit

The undersigned affiant, being duly sworn on oath, deposes and states that he/she has delegated authority and is authorized to enforce the alleged “CREDITOR NAME HERE account number 123456789” (hereinafter “alleged account”) and has requisite knowledge of the facts related to the alleged [credit card co. name] promissory note/credit car agreement.

I hereby give assurance that the original creditor and financial institution involved with the alleged discount, loan, or extension of the credit or loan to the alleged consumer John Henry Doe (hereinafter alleged consumer) followed Regulatory Accounting Principles (RAP) and Generally Accepted Accounting Principles (GAAP) as required by law and as indicated by CREDITOR NAME HERE’s CPA audit reports.

I further give assurance that the original lender or financial institution involved with the alleged loan, or funding of the charges in the amount of the promissory note or credit card agreement or credit card slips, note(s) used their money, money equivalent, credit or capital as adequate consideration to purchase credit card agreement or note(s) from the alleged consumer.

I give further assurance that the original lender or financial institution involved with the alleged loan, or funding of the charges in the amount of the promissory note/credit card agreement did not accept, receive or deposit any money, money equivalent, note, credit or capital from alleged the consumer and to fund a note, check or similar instrument that was used to finance/fund the charges on the alleged account.

I give further assurance that all material facts involved regarding the alleged account have been disclosed in the original alleged credit card agreement or promissory note.  I have personal knowledge that the original alleged credit card agreement or promissory note was not altered or forged in any way.

I have personal knowledge regarding the facts and information in this affidavit, WHEREFORE I hereby declare under penalty or perjury under the laws of the state of Texas that this affidavit is true, correct and complete and if any statements are willfully false, I am subject to penalty.

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_________________________