// overview
Conditional Acceptance and Offer to Pay
Used for any initial credit card or other collection action, including court complaints. This letter conditionally accepts the collector's demand for payment and makes an offer to pay — upon fulfillment of 11 conditions. It includes a notarized supporting affidavit and sets a $75,000 automatic dishonor penalty for non-compliance or garnishment before responding.
The 11 conditions
- Notarized copy of the original wet-ink signed contract and supporting documentation
- Sworn notarized affidavit: party in interest, holder in due course, names and addresses of all parties
- Written verification from the creditor authorizing the collector to act
- Full account and general ledger statement signed by the records custodian
- Certified notarized copies: state business license, bond, assignment letter
- Federal and state statutes making you liable for the debt
- Federal and state statutes allowing collection of the debt
- Proof that the Notice of Debt Collection is authorized by statute
- Proof of all relevant signatures and holder-in-due-course status
- Names, addresses, and phone numbers of bona fide creditors
- If acting as agent: certified copies of the registered claim
Conditional acceptance letter
[YOUR NAME] [YOUR ADDRESS] [CITY, STATE ZIP] [DATE] Certified Mail# _____________________ [COLLECTION AGENCY NAME] [THEIR ADDRESS] [CITY, STATE ZIP] [COURT NAME — if applicable] RE: DEMAND FOR FINAL PAYMENT, Account # [NUMBER] AND COURT COMPLAINT MADE WITHOUT DUE PROCESS You are hereby ordered to CEASE AND DESIST any/all COLLECTION ACTIONS. You are hereby in RECEIPT OF NOTICE under the Fair Debt Collections Practices Act, [YOUR STATE STATUTES] regarding your above referenced file number and presented with a CONDITIONAL ACCEPTANCE AND OFFER TO PAY. In an effort to settle this matter in the most efficient possible manner, I hereby CONDITIONALLY ACCEPT your demand for payment and make an offer to pay in the above named matter, upon your complete and total fulfillment of the following conditions: Condition #1. A Notarized copy of the ORIGINAL WET INK SIGNED CONTRACT and all other Supporting documentation that give rise to and lawfully support the alleged Obligation you claim is owed to you. Condition #2. Provide me with a sworn and notarized Affidavit, signed under Penalty of Perjury as follows: (a) That your client is the bona fide party in interest and Holder in Due Course of the aforementioned Contract, and that they can and will further produce said ORIGINAL WET INK SIGNED CONTRACT in Condition #1 above. (b) The names, addresses, dates and duration of time during which any and all persons, corporations, associations, legal firms or any other parties who may have had or presently now have any interest in the collection or legal proceedings regarding this alleged obligation. (c) That as a claimed debt collector, you have not purchased evidence of this alleged debt and are proceeding solely in the name of the original contracting party or parties. (d) That you know, understand and agree that certain clauses in a contract of adhesion are unenforceable unless the party to whom the contract is extended could have selectively rejected the clause. (e) That both you and your firm have taken reasonable and prudent due diligence to verify that the amount claimed as owed is, in fact, a legitimate and bona fide debt, prior to instigating this action and making said claim, and that all relevant correspondence, challenges, denials and counterclaims by me have been fully and thoroughly reviewed by and adequately answered by your firm both prior to and since initiating this claim. (f) That since initiating this claim, your firm, or associates under your employ, did not contact me at my residence more than three times in any given week or at any other unreasonable time or in any unreasonable manner. (g) That you, your firm or associates under your employ, did not fail to identify themselves as a debt collector in any manner or at any time pertaining to this alleged claim. Condition #3. Provide written verification in the form of a signed, sworn and Notarized Affidavit from the stated creditor that you are authorized to act on their behalf in this alleged debt collection action. Condition #4. Provide the total account and general ledger statement showing the full and complete Accounting of the alleged obligation, signed and sworn to by the authorized person responsible for maintaining these records with first- hand knowledge as to their accuracy, willing to testify under oath. Condition #5. Provide Certified and Notarized copies showing that you are or represent a bona fide creditor in a collection process to include: - Notarized copy evidencing you are allowed to conduct business in [YOUR STATE] as a collection agency. - Notarized copy of the Bond on file with [YOUR STATE] allowing your firm to operate as a collection agency. - Notarized copy of the assignment letter including signatures showing your firm as holders in due course. Condition #6. Provide the statutes and enforcing regulations, both Federal and State, which clearly and unequivocally make me liable for this alleged debt. Condition #7. Provide the statutes and enforcing regulations, both Federal and State, which clearly and unequivocally allow for the collection of this alleged debt. Condition #8. Provide proof that your "Notice of Debt Collection" is authorized by such Statutes and enforcing Regulations. Condition #9. Provide proof of all relevant signatures and your status as Holders in Due Course of this alleged claim. Condition #10. Provide the name(s), address(es) and telephone number(s) of the bona fide creditor(s) pertaining to this alleged debt. Condition #11. If you are acting as an Agent, provide certified copies of the registered claim upon which you are collecting, showing the name(s) of any and all debtors and the respective bona fide creditor(s) as the secured party(s). PLEASE NOTE: Contacting me again without first properly documenting that I have any obligation to you or your claimant, after Verifiable Receipt of this Notice of Conditional Acceptance, will establish that you deliberately intend to use interstate communications in a scheme of fraud by using further threats, intimidation, deceptions and/or enticements to coerce me to commit some act creating a legal obligation where none exists. You have fourteen (14) days from receipt of this Conditional Acceptance to respond on a point-by-point basis, via sworn Affidavit, under your full commercial liability, signing under penalty of perjury, that the facts contained therein are true, correct and complete, and not misleading in any manner whatsoever. Declarations are an insufficient response, as declarations permit lying by omissions. Your failure to accept my Conditional Offer of Settlement by producing each and every requested answer, record and/or documentation, or in the alternative, sending me written withdrawal of your claim, will constitute your stipulation that I have no duty or obligation to any portion of the aforementioned debt whatsoever, and that you have no right or basis to pursue any further collection. Further, your failure to fully and completely respond on a point-by-point basis, as well as ANY ACTIVITY by you or your firm to secure payment with a judgment or "Writ of Garnishment" before responding to this Conditional Acceptance and offer to pay, shall be deemed an Automatic Dishonor of this Conditional Acceptance and your Agreement to the immediate payment of $75,000.00 USD, payable to [YOUR NAME] as compensating damages. Signed from "without" the "United States" in accordance with 28 U.S.C., Sec. 1746(1). All rights are reserved without prejudice, UCC 1-308. ___________________________________________ [YOUR NAME], Authorized Representative All Rights Reserved UCC 1-308 _________________ 20__ Copy provided to: [COURT AND CASE# ADDRESS — if applicable]
Supporting affidavit (get notarized)
[YOUR NAME] [YOUR ADDRESS, CITY, STATE ZIP] [DATE] [YOUR STATE] ) ) Declaration by Affidavit in Support [YOUR COUNTY] ) of Conditional Acceptance Having been duly sworn, Affiant declares the following: [YOUR NAME], Affiant, is competent to state the matter included in this Declaration, has knowledge of the facts and hereby declares that to the best of his/her knowledge, that the statements made in this Affidavit are true, correct, complete and not meant to mislead and are made under full commercial liability. 1. Affiant is not in possession of documentation that proves Respondent's claim that they have the authority to enforce a collection against Affiant. 2. Affiant is not in possession of documentation that proves Respondent's claim that there is a bona fide creditor with respect to Affiant. 3. Affiant is not in possession of documentation that proves Respondent's claim that they represent a bona fide creditor with respect to Affiant. 4. Affiant is not in possession of documentation that proves Respondent's claim that they have a registered commercial claim against Affiant. 5. Affiant is not in possession of documentation that proves Respondent's claim that Affiant is a party to a security agreement supporting their claim. 6. Affiant is not in possession of documentation that proves Respondent's alleged obligation that is now claimed as owed. 7. Affiant is not in possession of any documentation, statute or enforcing regulations that proves Respondent's claim that Affiant is clearly and unequivocally liable for this alleged debt. 8. Affiant is not in possession of any documentation that provides the statutes and enforcing regulations which clearly and unequivocally allow for the collection of this debt. 9. Affiant is not in possession of any documentation that proves Respondent's "Notice of Debt Collection" is authorized by statute and enforcing regulation. 10. Affiant is not in possession of any documentation that proves Respondent's proof of signatures and status as holders in due course. 11. Affiant is not in possession of documents that provide the names, addresses, and telephone numbers of the bona fide creditors asserted by Respondent. 12. Affiant is not in possession of documents that prove whether Respondent is or is not acting in the capacity of an agent. 13. Affiant is not in possession of any documents that prove the creditor asserted by Respondent is in fact the secured party and/or holder in due course. 14. Affiant is not in possession of any documents that prove the creditor asserted by Respondent ever did loan Affiant any real money. Further Affiant sayeth not. ______________________________ [YOUR NAME], Authorized Representative All Rights Reserved UCC 1-308 _________________ 20__ [YOUR STATE] ) ) ACKNOWLEDGEMENT [YOUR COUNTY] ) I, _________________________, a Notary Public for ____________ County and ____________ State, do hereby certify that _________________________, did personally appear before me and executed the foregoing. Witness my hand and seal this ________ day of ______________, 20__ ______________________________ Notary Public My Commission Expires ____________
Critical reminders
- Get the affidavit notarized before sending
- Use your state's statutes (replace all [YOUR STATE] fields)
- Send both documents together via certified mail with return receipt
- Submit into the court case if one exists
- The 14-day response window starts from verifiable receipt
- Any garnishment before response = automatic $75,000 dishonor penalty
- This is not legal advice — consult an attorney for your situation