OBJECTION TO ARBITRATION

November 13, 2003

2ND CREDITOR NAME HERE
123 WASHINGTON AVE
JONESVILLE TX 98765

Sent via facsimile and certified mail # XXXX XXXX XXXX XXXX XXXX

RE:  CREDITOR NAME HERE c/o 2ND CREDITOR NAME HERE
Forum File Number:  COURT CASE # HERE
Claimant Reference # [XXXXXXX]
Claimant File #  [XXXXXXXXXXX]

Dear USER NAME HERE:

This letter serves Notice of Objection to your arbitration claim. 

1.	There is no document filed in the Initial Claim that contains my signature agreeing to arbitration.
2.	Any alleged agreement concerning the above referenced account must have been forged.  I did not sign any standard agreement.
3.	Each and every statement made by 2ND CREDITOR NAME HERE on behalf of CREDITOR NAME HERE in the Initial Complaint is objected to as well as hearsay evidence.  For 2ND CREDITOR NAME HERE have no personal knowledge of any valid signature or agreement.
4.	CREDITOR NAME HERE was notified of a dispute in July  of 2002 in accordance with the Fair Credit Billing Act (15USC 1666[a][3][B][11]) for certain documentary evidence and CREDITOR NAME HERE failed to verify their alleged claim by not providing me (at the request of my counsel, Princeton Law Firm, with a copy of the original contract duly signed by me as well as a copy of the bank’s original journal bookkeeping entry that was made to open the alleged account.  CREDITOR NAME HERE failed to reply to my repeated inquiry according to the FDCPA and therefore are in default.
5.	CREDITOR NAME HERE proceeded to turn the alleged claim over to 2ND CREDITOR NAME HERE, Attorneys in the Practice of Debt Collection.
6.	I received notification from 2ND CREDITOR NAME HERE that they were attempting to collect a debt from me.
7.	I responded to 2ND CREDITOR NAME HERE that this alleged debt was in dispute and that they were to Cease and Desist Collection Activities Prior to Validation of Purported Debt.  
8.	To my knowledge, 2ND CREDITOR NAME HERE has been held liable in the past for violating The Fair Debt Collection Practices Act.  If they choose to move forward in violation, they will leave me no recourse but to pursue avenues available to me under the law, specifically 15 USC 1692 (k) and (l)…
9.	Arbitrators rely on repeat business from banks and other large users of arbitration;

10.	Arbitrators who tend to rule against such large users of arbitration tend to not be chosen again by such large users;

11.	Arbitrators therefore have an incentive to rule in favor or banks and other large users of arbitration; and

12.	Such an incentive deprives me of a neutral forum.

13.	Therefore, to force me to proceed in such a forum would violate my due process rights.

	I therefore object to this arbitration on the above grounds.

§ 813. Civil liability [15 USC 1692k]
(a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
	(1) any actual damage sustained by such person as a result of such failure;
	(2) (A) in the case of any action by an individual, such additional damages as the 	court may allow, but not exceeding $1,000; or
		(B) in the case of a class action, (i) such amount for each named plaintiff 			as could be recovered under subparagraph (A), and (ii) such amount as the 		court may allow for all other class members, without regard to a minimum 		individual recovery, not to exceed the lesser of $500,000 or 1 per centum 			of the net worth of the debt collector; and
	(3) in the case of any successful action to enforce the foregoing liability, the costs 	of the action, together with a reasonable attorney's fee as determined by the court. 	On a finding by the court that an action under this section was brought in bad faith 	and for the purpose of harassment, the court may award to the defendant 	attorney's fees reasonable in relation to the work expended and costs.
(b) In determining the amount of liability in any action under subsection (a), the court shall consider, among other relevant factors --
	(1) in any individual action under subsection (a)(2)(A), the frequency and 	persistence of noncompliance by the debt collector, the nature of such 	noncompliance, and the extent to which such noncompliance was intentional; or
	(2) in any class action under subsection (a)(2)(B), the frequency and persistence 	of noncompliance by the debt collector, the nature of such noncompliance, the 	resources of the debt collector, the number of persons adversely affected, and the 	extent to which the debt collector's noncompliance was intentional.
(c) A debt collector may not be held liable in any action brought under this title if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
(d) An action to enforce any liability created by this title may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.
(e) No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Commission, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any
reason.
§ 814. Administrative enforcement [15 USC 1692l]
(a) Compliance with this title shall be enforced by the Commission, except to the extend that enforcement of the
requirements imposed under this title is specifically committed to another agency under subsection (b). For purpose of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of this title shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Commission under the Federal Trade Commission Act are available to the
Commission to enforce compliance by any person with this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of this title in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.
(b) Compliance with any requirements imposed under this title shall be enforced under --
	(1) section 8 of the Federal Deposit Insurance Act, in the case of --
		(A) national banks, by the Comptroller of the Currency;
		(B) member banks of the Federal Reserve System (other than national 			banks), by the Federal Reserve Board; and
		(C) banks the deposits or accounts of which are insured by the Federal 			Deposit Insurance Corporation (other than members of the Federal 				Reserve System), by the Board of Directors of the Federal Deposit 				Insurance Corporation;
	(2) section 5(d) of the Home Owners Loan Act of 1933, section 407 of the 	National Housing Act, and sections 6(i) and 17 of the Federal Home Loan Bank 	Act, by the Federal Home Loan Bank Board (acting directing or through the 	Federal Savings and Loan Insurance Corporation), in the case of any institution 	subject to any of those provisions;
	(3) the Federal Credit Union Act, by the Administrator of the National Credit 	Union Administration with respect to any Federal credit union;
	(4) subtitle IV of Title 49, by the Interstate Commerce Commission with respect 	to any common carrier subject to such subtitle;
	(5) the Federal Aviation Act of 1958, by the Secretary of Transportation with 	respect to any air carrier or any foreign air carrier subject to that Act; and
	(6) the Packers and Stockyards Act, 1921 (except as provided in section 406 of 	that Act), by the Secretary of Agriculture with respect to any activities subject to 	that Act.
(c) For the purpose of the exercise by any agency referred to in subsection (b) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this title shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection (b), each of the agencies referred to in that subsection may exercise, for the
purpose of enforcing compliance with any requirement imposed under this title any other authority conferred on it by law, except as provided in subsection (d).
(d) Neither the Commission nor any other agency referred to in subsection (b) may promulgate trade regulation rules or other regulations with respect to the collection of debts by debt collectors as defined in this title.

This letter, furthermore, serves as Notice to The Forum, The Director, and any Arbitrator that if they pursue this matter with arbitration when there is no agreement allowing this to move forward, I will sue The National Arbitration Forum, The Director, and any Arbitrator for Damages.

If anyone chooses to continue to move forward in regards to this bad-faith accusation of an unverified and invalidated purported debt, they agree to pay me any and all fees to date accumulated as well as future legal and accounting fees that may arise.  They further agree to be held liable for damages.

Regards,

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_________________________