Conditional acceptance is where a sovereigns true power resides. Once you understand how to properly harness this power, everything else kind of falls in place, especially freedom.
When you do a conditional acceptance, which is made possible by contract law, you are accepting the party’s offer condition upon certain requirements that you set forth. In other words, you agree to do whatever it is that the offerer is requesting if he/she does what you require first.
For example, let’s say your neighbor sends you a letter saying that you owe him $100. You know you already paid him back but you also know, that if you argue with him, you’ll be giving merit to his claim, which will make you the debtor, and him the creditor, and if you ignore or reject his offer, you’ll be in dishonor, making you the debtor. So you decide to act like a true sovereign and conditionally accept his offer upon proof of claim via signed affidavit, signing under his full commercial liability, that you haven’t already settled and closed that account.
What this does is it puts the burden of proof onto him. He now has to prove that you haven’t already paid him back. This comes from a maxim law, “The burden of proof lies on the one who makes a claim.” A maxim law is a self evident truth. It’s a law that society has accepted as common sense and a part of every day life. I’ll be doing a post on maxim laws a little bit later.
But now, there’s a few things that can happen. When you send your conditional acceptance letter back to your neighbor, you have a third party witness, usually a notary public, certify that you did indeed send it, and that the person you’re sending it to has however many days you set forth to respond, or they will certify his non-response/non-performance. This way, if your neighbor ever wants to take you to court, you have prime facie evidence that you can send in to the private side of the court that you did indeed try to resolve the issue, and you even have a contract that your neighbor agreed to, when he didn’t respond or didn’t rebut your conditional acceptance.
Now, let’s back up just a little bit. When you send your conditional acceptance to your neighbor, in it, you’re going to put your own terms and conditions of the contract. So really what you’re doing is re-contracting with your neighbor. In your affidavit (most conditional acceptances, at least the ones I do, are in the form of an affidavit), you put how long your neighbor has to respond, that you’d be more than happy to pay condition upon proof of claim, and what will happen if he doesn’t respond or perform, which will include the fact that no such debt exists. When your neighbor doesn’t do this, he has, through tacit acquiescence, agreed to your terms and conditions. You now have a contract with your neighbor, certified by a third party witness, that you can use to defend yourself should he ever try to take you to court for it.
This is just a brief description of how powerful conditional acceptance is, and really just the basics of how it works. You still need to do a lot of due diligence and research on how to properly use it and I’ll be doing more posts on it soon to help you along your way.
Pam Henslee June 12, 2019 at 3:09 pm
My name is Pam Henslee ,
I am being Sued by Cavalry SPV 1 LLC , a junk debt buyer. Pre trial conference has been set for 9/5/2019. As I’ve never entered into and contractual agreement with Cavalry or the Bank they represent. Would a Conditional acceptance letter be something to do before the conference or can it be done at the conference.
A short run down of my situation:
I signed a contract with World Foremost Bank .
Capital One Bank bought out World Foremost Bank. (Worlds Foremost Bank no longer exists) I received a letter from Capital One on October 19th stating as of September 23rd they now own my account and to send all payments to them. I refused on the FACT that I never entered into a Contractual agreement with Capital One Bank . And Requested and copy of the Alleged contract that supported their claim . Next thing I know I’m Neing sued .
Would a Conditional Acceptance Letter work ?