Flipping the Power Dynamic in Debt Cases

Overview

• Legal method to flip power dynamic using three documents:
  • Affidavit of Truth
  • Conditional Acceptance
  • Notice of Tender
• Forces opponent to respond or lose standing.
• Focus on contracts, facts, and lawful offers over emotion.

Key Documents

1. Affidavit of Truth

• Sworn statement of facts related to the debt case.
• Lays out facts about the contract, disclosures, and signatures.
• If unrebutted, stands as truth in commerce.
• Common claims include no contract, no lawful loan, or debt paid by a third party.

2. Conditional Acceptance

• Does not deny the claim but agrees upon proof of claims.
• Requests specific proof:
  • Original contract
  • Proof of lawful consideration
  • Chain of title
  • Accounting records
• Keeps you in honor under UCC 1-308 and UCC 3-501.

3. Notice of Tender

• Offering lawful payment or discharge.
• Could include promissory note or remittance coupon.
• If rejected, can lead to discharge of obligation.

Strategy

• Use the documents to shift the burden of proof.
• If unanswered or rebutted improperly, opponent loses legal standing.
• Send documents via certified mail with return receipt.

Packaging and Sending

• Combine all documents in one notarized mailing.
• Title it: "Commercial Affidavit of Truth and Tender Offer with Conditional Acceptance."
• Send to all relevant parties (customer service, legal department, etc.).
• If no response or improper response, send a notice of fault and dishonor.

Legal Framework

• Acts under Uniform Commercial Code (UCC) to stay in legal honor.
• Key UCC sections:
  • UCC 1-308: Reservation of rights.
  • UCC 3-501: Presentments.
  • UCC 3-603: Tender of payment.

Final Tips

• Understand each document thoroughly before using.
• Respond promptly and specifically to any rebuttals.
• Utilize as a strategic tool in debt resolution, not just as a template.