In order to understand why we are able to

discharge our debts and get free we have to

understand what a credit card truly is . We are
going to take a look at the definition of credit
card in title 15

15 USC 1602 (l) - The term “credit card”

means any card, plate, coupon book or
other credit device existing for the
purpose of obtaining money, property,
labor, or services on credit.

What credit card do you always get asked for

during a consumer credit transaction? You
guessed it , your social security card . Why ?
Because this is the credit card they use to
fund the transaction.
 All of these cards exist for the
purpose of obtaining money,
property, labor or services on credit
Social security cards have changed over the years
and did not always look the way they do now .
Older cards used to have account number on the
front and explained on the back of the card what
it was used for .

The Emergency Banking Act of 1933 called for gold, silver

and bullion to be turned over by all citizens the Social
Security Act of 1935 was enacted to issue out SSN's. The
purpose of the Social Security Number was to provide
necessary needs and services for the people in exchange for
their gold, silver and bullion. This made all of the
consumer's debts the obligation of the United States 18 U.S.
Code § 8. The words "ACCOUNT NUMBER" were originally
on these cards and have now disappeared.
The point of a billing error and dispute during
this process is to make the creditor aware of
how they misused your credit card which is
your open end consumer credit plan . With the
billing error dispute you are calling into
question the creditor's failure to credit
properly a payment or other credit issued to
the consumer's account. That account would
be your open-end consumer credit plan.

(l)The term “credit card” means any

card, plate, coupon book or other credit
device existing for the purpose of
obtaining money, property, labor, or
services on credit.
Can I ask a question ? How do you pay a “bill” that is in
the positive? When you get your “bill” the number you
see there is positive and not negative . If I lend you
money , am I in the positive or negative ? I should be in
the negative because I now owe you .

Consumers were supposed to use their credit

cards to obtain money , property and labor or
services on credit under their open ended credit
card ( Social Security Card ) . We are supposed to
be referring our debts back to the United States .
Not doing so makes us an enemy of the state .
There is no real money only credit , the
constitution lets us know that the only way to pay
a debt is with gold and silver but our dollar bills
are no longer backed by gold .

EMERGENCY BANKING ACT OF 1933

Stated on the dollar bill is “ THIS NOTE IS LEGAL
TENDER FOR ALL DEBTS PUBLIC AND PRIVATE”

The real terminology for them is floating

rate notes and are not redeemable for
gold , silver or commodity.
For those of you who ask about status correction,
you do not need to put a status on record in
order to use this process . Anyone can do it .

We will go over how to put your bills in a do

not pay do not collect status . This process is
necessary because once this is complete they
give up all rights to collect .

During this process we will be going over the billing

error notice as well as the laws we will use to
complete this process . Until a billing error is
resolved consumer's have the right to withhold the
disputed amount and collection action is prohibited
. If the creditor desides to close your account due to
a billing error , that is considered a adverse action .

What does the law say about adverse action?! With

1026.13 (d)(3) it states that restriction of your
accounts and acceleration of your debts is
prohibited. A creditor cannot restrict or close a
consumer's account solely because the consumer
has exercised in good faith and submitted a billing
error disputed. Some creditors are notorious for
this but know your rights and stand on them.
 everything you need to send

Basically what we are doing during this process

is getting ready for court . Please do not think
your about to state a few laws , send a couple
letters and be done . You have to let them know
who not to play with by taking it all the way . Do
not be scared of these people , study and know
who you are . Build confidence and stand on
everything you are entitled too .

COVER LETTER
CEASE AND DESIST
AFFIDAVIT OF TRUTH
EXHIBITS
HOW TO SEND YOUR PACKET

Your cover letter will act as your proof of mailing and

disclose the contents of your package. If the creditor
claims to not have gotten your letter you will present
your certified letter along with your cover letter as
proof of it's contents . It is super important for you to
keep copies of EVERYTHING YOU SEND . In this process
get in the habit of being thorough
 Part 1

Your cease and desist must be

conditional . Use this as a reference
only and make your own .

RE: ACCOUNT NUMBER [PLACE THE ACCOUNT NUMBER HERE]

reference the account number you are communicating with them
about.
I, [YOUR NAME], am notifying you in writing that I refuse to pay this
alleged debt, and I am demanding that you cease all forms of
communication with me through any and all mediums UNLESS it
pertains to my remedy in writing via mail pursuant 15 USC 1692c.(c).
( This statement makes your affidavit conditional)

.
(c)Ceasing communication If a consumer notifies a debt collector in
writing that the consumer refuses to pay a debt or that the
consumer wishes the debt collector to cease further communication
with the consumer, the debt collector shall not communicate further
with the consumer with respect to such debt, except—

( do not forget the word except as it is what also makes this cease
and desist conditional and let’s the know the basis on which to
contact you )

(2) to notify the consumer that the debt collector or creditor may
invoke specified remedies which are ordinarily invoked by such debt
collector or creditor; or

I, as a federally protected consumer, am invoking my specified

remedy as a consumer, and the debtor, I hereby demand all of the
following:
 Part 2

1. Pursuant 15 U.S. Code 1666d, “whenever a credit balance in

excess of $1 is created in connection with a consumer credit
transaction through (1) transmittal of funds to a creditor in
excess of the total balance due on an account,

(2) rebates of unearned finance charges or insurance premiums,

or (3) amounts otherwise owed to or held for the benefit of an
obligor, the creditor shall—”

**there are three things that need to happen

A. credit the amount of the credit balance to the consumer’s
account;
B. refund any part of the amount of the remaining credit balance,
upon request of the consumer; and (there’s no choice here)
C. make a good faith effort to refund to the consumer by cash,
check, or money order any part of the amount of the credit
balance remaining in the account for more than six months,
except that no further action is required in any case in which the
consumer’s current location is not known by the creditor and
cannot be traced through the consumer’s last known address or
telephone

; means AND in law ( a semi colon means AND in law it has to be

done)

1026.17 is part of 12 CFR Part 1026 (Regulation Z). Regulation Z

protects people when they use consumer credit. CFR
https://www.law.cornell.edu/cfr/text/12/1026.21
12 CFR § 1026.21 - Treatment of credit balances.
 Part 3

2. Pursuant 12 CFR § 1026.13:

(1) Correct the billing error and credit the consumer's
account with any disputed amount and related finance or
other charges, as applicable; and

(2) Mail or deliver a correction notice to the consumer. I

hereby demand that all future coupons be sent to my place
of abode, as listed on the account in question, in the form
of a check, from DATE OF OPENED ACCOUNT, current, and
future payments.

pursuant to 12 CFR 1026.13 they have to mail you

something , so you don’t want you cease and desistNOT
conditional - you still want them to communicate but on
your terms
*NOTICE OF ACKNOWLEDGMENT*

Upon the receipt of the documents herein and of this

notice, you are hereby notified Pursuant UCC 1-202f. ( this
ucc just deals with notice and acknowledgment, once you
receive it you’re notified if the green receipt says they got
it, they were notified)

Your prompt attention and response are both requested

and required.

FIRST NAME-MIDDLE NAME: LAST, executor, consumer,

debtor, and legal Date
representative of [YOUR NAME]
UCC 1-308 All Right Reserved
 Included in your affidavit

In order to get your accounts in the proper DO NOT PAY DO NOT

COLLECT status you will need to construct an Affidavit of Truth or
Affidavit of Facts. Personally for my process I constructed an
Affidavit of Truth. When you layout your Affidavit of Truth you
need to be telling a story like writing an essay. You Affidavit needs
to have a beginning a middle and an ending.

The following information needs to be inside of your AOT/AOF

Title The Affidavit;

Example: Affidavit of Truth; Affidavit of Response For Cease &
Desist

Profess Your Statement of Identity

This is where you state who you are and any other information
relevant to your case

Write a statement of truth

This is where you will swear that your telling of the facts is
accurate;
Example: I, YOUR NAME, swear that the information in my sworn
statement is truthful to the best of my knowledge and
understanding.

State The Facts

This section of your affidavit may be the longest as this is where
you are stating the facts of your claim.

Reiterate Your Statement of Truth

This is where you will provide a brief summary of your affidavit;
this doesn’t have to be long only a few sentences.

Sign & Notarize

Be sure to sign in front of a notary as it has to be signed in front of
a witness. This is where you will include your Jurat.
 Writing your affidavit

TITLE OF YOUR AFFIDAVIT GOES HERE (AFFIDAVIT OF TRUTH)

Your Name
You Address
Your City, State Zip code

Creditor's Name
Creditor's Address
Creditors City, State Zip code

Fact, I, YOUR NAME HERE affiant, am a federally protected consumer,

debtor, and holder in due course pursuant UCC 3-306.

Fact, CORPORATION HERE, is a for-profit company whose headquarters

is located in the area of [WHERE IS THE COMPANY LOCATED].

Fact, the account in question was opened in [ACCOUNT OPEN DATE],

with, CORPORATION HERE , using my personal identification and credit
card information as defined in 15 U.S.C. § 1602 (l).

Fact, an account pursuant 12 CFR 1002.2(a) means “an extension of

credit. When employed in relation to an account, the word use refers
only to open-end credit”.

Fact, since opening the account in question in January of 2022, I have

paid a monthly “bill” to CORPORATION HERE, online, using my personal
debit card information.

Fact, I, the affiant, have received several statements including the

subject matter of an attempt to collect an alleged debt for Account
number [INSERT ACCOUNT NUMBER].

Fact, I, the affiant, have reason to believe and do so believe that all past,
present, and future billing statements received by CORPORATION HERE
are billing errors under 12 CFR 1026.13(a), beginning with the date the
account was opened [DATE THE ACCOUNT WAS OPENED].
 Writing your affidavit

TITLE OF YOUR AFFIDAVIT GOES HERE (AFFIDAVIT OF TRUTH)

Fact, I, the affiant, am aware that CORPORATION HERE, failed to

provide me with the General Disclosures which are requirements
pursuant 12 CFR 1026.17 and is a violation of said section.

Fact, I, the affiant, am asserting my right to acquire documentary

evidence in accordance with 15 U.S.C. § 44 for the books of account as
defined in IRS Publication 583, to explain and address such subject
matter contained in said billing statements. I'd like to access both the
journal and credits of the account, as well as the ledger and debits of
the account, in order to verify the current accounting and taxes related
to this account.

Fact, in accordance with 15 U.S.C. § 1666d, if there is a credit of

account balance with surplus over 1 dollar in accordance with the
journal and ledger entries described in IRS Publication 583, the amount
balance should be credited and the remaining balance directed to I, the
consumer by check. As this is a formal instruction in accordance with 15
U.S.C. § 1666(b)(2) to provide documentary evidence, which includes
books of account in accordance with 15 U.S.C. § 44 to resolve this
billing error, the documentary evidence, which includes books of
account in accordance with 15 U.S.C. § 44, must be provided to clarify
this amount.

Fact, I, the affiant, am aware, with resolving this billing error, the
creditor has legally agreed to forfeit all rights to collect on all past,
present, and future amounts in dispute pursuant to Title 15 U.S.Code §
1666(e)

Fact, CORPORATION HERE shall follow the following procedures as

defined pursuant 12 CFR 1026.13(e): (1) Correct the billing error and
credit the consumer's account with any disputed amount and related
finance or other charges, as applicable; and (2) Mail or deliver a
correction notice to the consumer. I hereby demand that all future
coupons be sent to my place of abode, as listed on the account in
question, in the form of a check, from January of 2022 , current, and
future payments.
 Writing your affidavit

TITLE OF YOUR AFFIDAVIT GOES HERE (AFFIDAVIT OF TRUTH)

Fact, I, the affiant, hereby invoke my right as a consumer to withhold all

past, present, and future disputed amounts pursuant 12 CFR 1026.13d(1).

Fact, I, the affiant am aware, that, CORPORATION HERE as the creditor may
not collect any disputed amount. As a federally protected consumer, who
does not need to pay, the creditor cannot restrict, accelerate payment or
close an account and or make or threaten any adverse reporting to any
person about the consumer's credit standing without resolving the billing
error. Such actions by CORPORATION HERE will forfeit its rights to collect
the disputed amount as described in 15 U.S.Code 1666(e) and hold the
creditor liable under 15 U.S.Code § 1693m for CORPORATION HERE for the
actual damage caused to I, the affiant,

Fact, I, the affiant am aware, CORPORATION HERE , cannot and shall not
restrict nor limit nor cause any disruption of any manner of the account in
question pursuant 12 CFR 1026.13d(3), a creditor shall not accelerate any
part of the consumer's indebtedness or restrict or close a consumer's
account solely because the consumer has exercised in good faith rights
provided by this section. A creditor may be subject to the forfeiture penalty
under 15 U.S.C. § 1666(e) for failure to comply with any of the requirements
of this section.

Fact, I, the affiant am aware, that, in accordance with 16 C.F.R. § 433.3

CORPORATION HERE is not exempt from any claims or defenses as
described in 16 C.F.R. § 433.2(a) as the affiant, may invoke her rights as the
debtor in this consumer credit contract against CORPORATION HERE for
the unfair and deceptive practices herein as no contract after the date of
November 1, 1977 is exempt from 16 C.F.R. § 433.3.

Fact, I, the affiant, have reason to believe and do so believe, CORPORATION

HERE which is a private for profit corporation, regardless of your/their
location, has participated in racketeering activity as defined in Title 18
U.S.Code § 1961, by knowingly, intentionally, with forethought and malice
have been sending dividends but, in fact, making me believe that dividend
was an invoice for services provided by the utilities companies, which is
embezzlement, theft by deception and extortion.
 Writing your affidavit

TITLE OF YOUR AFFIDAVIT GOES HERE (AFFIDAVIT OF TRUTH)

Fact, I the affiant, have reason to believe and do so believe,

CORPORATION HERE is in violation of is a violation of 18 U.S. Code §
1341by knowingly participating in the fraud through the US Mail.

Fact, without an affidavit response with a rebuttal, point for point, then I
am conditionally accepting your non-reasonable response, as frivolous,
and I will file fault judgment in the favor of the interest of I the consumer,
holder in due course, attorney, and administrator in fact.

Fact, I, the affiant am aware, an unrebutted affidavit stands as truth in

commerce.

Fact, I, the affiant, am invoking my rights pursuant to 15 U.S.Code §

1692c(c), I demand you to cease any communications and collection
activity of this alleged debt until you can provide me with the requested
information in this affidavit herein.

You have 15 days from the date of delivery to respond to this notice.
Should there be dishonor in the aforementioned requested
documentation by way of unrebutted affidavit, failure to disclose
requested documents or failure of response, and the particular requests
to rectify any fault by CORPORATION HERE herein, will serve as
acquiescence and your agreement to a default judgment against your
company for the dishonor in the negotiable instrument, bank fraud,
creation of the false and deceptive form, mishandling of goods,
compromising my relationship with other financial institutions and
including stress caused to me in the attempt of exercising my rights in
good faith. However, I do in good faith expect you to handle these matters
with ordinary care to address all subject matter. Respectfully.

[IF YOU ARE INCLUDING AN ENDORSED COUPON/REMITTANCE SLIP WITH

YOUR LETTER - OTHERWISE REMOVE THE NEXT PARAGRAPH]
 Writing your affidavit

TITLE OF YOUR AFFIDAVIT GOES HERE (AFFIDAVIT OF TRUTH)

Notice, I, the affiant and consumer, in writing with adequate information on
all forms of remittance “accepted” and the remittance provider address
and the name exactly as it appears on the I.R.S statements so we can
resolve this issue post haste. If you are not familiar with remittance
transfers, please see Regulation B 12 C.F.R Subpart B “Requirements
Remittance Transfers” for your reference. Provide examples of accepted
remittance slip transfers, so I may tender a bill of credit approval. If this
notice contains a remittance slip that is not accepted, please return the
original coupon with reason as to why it was denied and to whom I may
contact to properly endorse the remittance slip to your organization.

I do in good faith expect you to handle these matters with ordinary care to
address all subject matter. Respectfully.

I declare under penalty of perjury WITHOUT the United States (28 U.S.C §
1746) that the Above is the Truth, The Whole Truth and Nothing but the
Truth to the best of my knowledge and Overstanding.

________________________________________________
FIRST NAME-MIDDLE NAME: LAST, (executor, consumer, debtor and legal
representative of YOUR NAME HERE _________________
Date

JURAT
Whereas, I of age, of majority, give this herein notice to all, I make a solemn
oath to the one and only most high of creation only, whoever that may be,
and I depose the following facts, so be it, nunc pro tunc.

I swear to all information provided herein, I do so under the penalty of

perjury that the information I so affirm to be true, correct, accurate to the
best of my ability and knowledge, so be it.

On the date of ____________ , _________, agent, YOUR NAME HERE came before
me today present as a flesh and blood living being (Non entity/non debtor)
under oath to the most high of creation only and provided the facts listed
herein

YOUR NAME HERE ___________________________________

Sworn to or Affirmed by and subscribed before me on the _____day of, ____
year 20__
_______________________________ Notary Name
_______________________________Notary Signature
STUDY
 Referance List

15 U.S. Code § 1693m

15 U.S. Code § 1693n
18 U.S. Code § 1961 § 3-603
16 CFR § 681.1 1002.2
12 CFR § 1002.10
15 U.S. Code 1681n
18 U.S. Code § 8
28 U.S. Code § 3002
15 U.S. Code § 1601
12 CFR § 1026.13
15 U.S. Code § 1666
15 U.S. Code § 1666d
16 CFR § 433.2
16 CFR § 433.3
28 U.S. Code § 3304
28 U.S. Code § 3302
15 USC 1681i(B)
18 U.S. Code § 8
§ 3-603
15 USC §44
16 CFR 433.1
 15 U.S. Code § 1666d. Treatment of credit balances
Whenever a credit balance in excess of $1 is created in connection
with a consumer credit transaction through (1) transmittal of funds
to a creditor in excess of the total balance due on an account, (2)
rebates of unearned finance charges or insurance premiums, or (3)
amounts otherwise owed to or held for the benefit of an obligor,
the creditor shall—

(A)credit the amount of the credit balance to the consumer’s

account; (B)refund any part of the amount of the remaining credit
balance, upon request of the consumer; and (C)make a good faith
effort to refund to the consumer by cash, check, or money order
any part of the amount of the credit balance remaining in the
account for more than six months, except that no further action is
required in any case in which the consumer’s current location is not
known by the creditor and cannot be traced through the
consumer’s last known address or telephone number.

15 U.S. Code § 44 - Definitions

“Documentary evidence” includes all documents, papers,
correspondence, books of account, and financial and corporate
records.

15 U.S. Code § 1693m - Civil liability

(1)any actual damage sustained by such consumer as a result of
such failure;
(2) (A)in the case of an individual action, an amount not less than
$100 nor greater than $1,000
 28 U.S. Code § 3002
(15)“United States” means— (A)a Federal corporation;

15 U.S. Code § 1601

(l)The term “credit card” means any card, plate, coupon book, or
other credit device existing for the purpose of obtaining money,
property, labor, or services on credit.

12 CFR § 1026.13 - Billing error resolution (Regulation Z)

(1) Consumer's right to withhold disputed amount; collection action
prohibited. The consumer need not pay (and the creditor may not
try to collect) any portion of any required payment that the
consumer believes is related to the disputed amount (including
related finance or other charges)
(1) Correct the billing error and credit the consumer's account with
any disputed amount and related finance or other charges, as
applicable; and
(2) Mail or deliver a correction notice to the consumer.
(d) Rules pending resolution. Until a billing error is resolved under
paragraph (e) or (f) of this section, the following rules apply: (1)
Consumer's right to withhold disputed amount; collection action
prohibited. The consumer need not pay (and the creditor may not
try to collect) any portion of any required payment that the
consumer believes is related to the disputed amount (including
related finance or other charges). If the cardholder has enrolled in
an automatic payment plan offered by the card issuer and has
agreed to pay the credit card indebtedness by periodic deductions
from the cardholder's deposit account, the card issuer shall not
deduct any part of the disputed amount or related finance or other
charges if a billing error notice is received any time up to 3 business
days before the scheduled payment date.
 16 CFR § 681.1
(b)(1) Account means a continuing relationship established by a person
with a financial institution or creditor to obtain a product or service for
personal, family, household or business purposes. Account includes:
(i) An extension of credit, such as the purchase of property or services
involving a deferred payment; and
(ii) A deposit account.

1002.2 is part of 12 CFR Part 1002 (Regulation B). Regulation B protects

applicants from discrimination in any aspect of a credit transaction.
(a) Account means an extension of credit. When employed in relation to
an account, the word use refers only to open-end credit.
(c) Adverse action.
(2) The term does not include:
(iii) A refusal or failure to authorize an account transaction at point of
sale or loan, except when the refusal is a termination or an unfavorable
change in the terms of an account that does not affect all or
substantially all of a class of the creditor's accounts, or when the
refusal is a denial of an application for an increase in the amount of
credit available under the account;

12 CFR § 1002.10 - Furnishing of credit information.

§ 1002.10 Furnishing of credit information
(a) Designation of accounts. A creditor that furnishes credit information
shall designate:
(1) Any new account to reflect the participation of both spouses if the
applicant's spouse is permitted to use or is contractually liable on the
account (other than as a guarantor, surety, endorser, or similar party);
and
(2) Any existing account to reflect such participation, within 90 days
after receiving a written request to do so from one of the spouses.
 § 3-603. TENDER OF PAYMENT
(b) If tender of payment of an obligation to pay an instrument is
made to a person entitled to enforce the instrument and the
tender is refused, there is discharge, to the extent of the amount
of the tender, of the obligation of an indorser or accommodation
party having a right of recourse with respect to the obligation to
which the tender relates.

15 USC §44
“Documentary evidence” includes all documents, papers,
correspondence, books of account, and financial and corporate
records.

16 CFR 433.1 Definitions

16 CFR § 433.2 - Preservation of consumers' claims and defenses,

unfair or deceptive acts or practices

16 CFR § 433.3 - Exemption of sellers taking or receiving open end

consumer credit contracts before November 1, 1977

28 U.S. Code § 3304 - Transfer fraudulent as to a debt to the

United States
(a)Debt Arising Before Transfer.—Except as provided in section
3307, a transfer made or obligation incurred by a debtor is
fraudulent as to a debt to the United States which arises before
the transfer is made or the obligation is incurred if
 15 U.S. Code 1681n
(a)In general Any person who willfully fails to comply with any
requirement imposed under this sub chapter with respect to any
consumer is liable to that consumer in an amount equal to the sum of —
(1) (A)any actual damages sustained by the consumer as a result of the
failure or damages of not less than $100 and not more than $1,000; or
(B)in the case of liability of a natural person for obtaining a consumer
report under false pretenses or knowingly without a permissible
purpose, actual damages sustained by the consumer as a result of the
failure or $1,000, whichever is greater;
(2)such amount of punitive damages as the court may allow; and (3)in
the case of any successful action to enforce any liability under this
section, the costs of the action together with reasonable attorney’s
fees as determined by the court.

18 U.S. Code § 8 - Obligation or other security of the United States

defined
The term “obligation or other security of the United States” includes all
bonds, certificates of indebtedness, national bank currency, Federal
Reserve notes, Federal Reserve bank notes, coupons, United States
notes, Treasury notes, gold certificates, silver certificates, fractional
notes, certificates of deposit, bills, checks, or drafts for money, drawn
by or upon authorized officers of the United States, stamps and other
representatives of value, of whatever denomination, issued under any
Act of Congress, and canceled United States stamps
Look into 18 USC 8 (All Debts are Obligations of the U.S.) and anyone
attempting to collect a debt from you is guilty of the False Claims Act
31 USC 3729-3733 < - - - read!! It also goes into Civil Action for False
Claims
 28 U.S. Code § 3302 - Insolvency
(b)Presumption.— A debtor who is generally not paying debts as they
become due is presumed to be insolvent.

15 USC 1681i(B) Procedure in case of disputed accuracy

These are the reinsertion requirements that the CRA has to follow when
allowing an account to be reported by a furnisher of information on your
report, especially after admission was accepted when they deleted it
prior.

15 U.S. Code § 1693n - Criminal liability

(a)Violations respecting giving of false or inaccurate information, failure
to provide information, and failure to comply with provisions of this
subchapter
Whoever knowingly and willfully—
(1)gives false or inaccurate information or fails to provide information
which he is required to disclose by this subchapter or any regulation
issued thereunder;
or (2)otherwise fails to comply with any provision of this subchapter;
shall be fined not more than $5,000 or imprisoned not more than one
year, or both.

18 U.S. Code § 1961 - Definitions

(1)“racketeering activity” means (A) any act or threat involving murder,
kidnapping, gambling, arson, robbery, bribery, extortion, dealing in
obscene matter, or dealing in a controlled substance or listed chemical
(as defined in section 102 of the Controlled Substances Act),

§ 3-603. TENDER OF PAYMENT UCC

(a) If tender of payment of an obligation to pay an instrument is made to
a person entitled to enforce the instrument, the effect of tender is
governed by principles of law applicable to tender of payment under a
simple contract.
 (3) Acceleration of debt and restriction of account
prohibited. A creditor shall not accelerate any part of
the consumer's indebtedness or restrict or close a
consumer's account solely because the consumer has
exercised in good faith rights provided by this section.
A creditor may be subject to the forfeiture penalty
under 15 U.S.C. 1666(e) for failure to comply with any
of the requirements of this section.

15 U.S. Code § 1666 - Correction of billing errors

(e)Effect of noncompliance with requirements by
creditor Any creditor who fails to comply with the
requirements of this section or section 1666a of this
title forfeits any right to collect from the obligor the
amount indicated by the obligor under paragraph (2)
of subsection (a) of this section, and any finance
charges thereon, except that the amount required to
be forfeited under this subsection may not exceed
$50.
 So what exactly is arbitration? Arbitration is
the most traditional form of private dispute
resolution. Arbitration is a binding procedure.
It is often "administered" by a private
organization that maintains lists of available
arbitrators and provides rules under which the
arbitration will be conducted.

So now that you have sent out everything

and you have not gotten the response that
you have wanted or they have not
responded - now it’s time to arbitratenow
it’s time to arbitrate or litigate . Arbitration
works by all parties, submitting a testimony
And evidence to their arbitrator . We will go
over the six steps to arbitration.

Do not be intimidated and always have

confidence , and how you gain confidence
is by studying and learning who you are as
well as your rights . YOU GOT THIS !
 FILING ARBITRATION
✅ STEP ONE: Put them on notice, give them a
notice and tell them what’s about to happen
•Complete business’s demand for arb form
•Attach Pre-Arb letter

✅ STEP TWO: Once you reach that timeframe

and you don’t reach an agreement you find
acceptable in the pre- arbitration round then
you are going to file for actual arbitration.
• File official demand for arbitration with AAA •
Notify company you have filed case

✅ STEP THREE: They will either respond and try

to negotiate a settlement with you or they will
respond and actually file an answer. Most
lawyers won’t file an answer right away; they
will try to settle.
• Businesses will try to negotiate
•If negotiation fails, they must file answer
 FILING ARBITRATION
✅ STEP FOUR: At this point if the 15 days has passed
and you don't like what they've come up with for an
answer they now have to pay the fees. They have to
pay the fees to respond and all of the fees associated
with the arbitration.
• Business requested to start paying fees
• List of Arbitrators to choose from provided.

✅ STEP FIVE: After you choose a arbitrator you will do

a pre-hearing conference with the creditor
• Pre-hearing Conference
• Solidify Claims, Enter Discovery

✅ STEP SIX: Now your hearing will take place • Hearing

takes place
• Decision is made
Before you begin the arbitration process there are key
things that you should check for. These key elements
will be key in preparing your case for arbitration. We
will get to those but we'll cover how to file the
arbitration and the flows to navigate the sites for
arbitration.
There are two ways to file arbitration and it will depend on
what is in the creditors arbitration agreement but the most
cost effective company is with American Arbitration
Association which can be found at www.adr.org The
second company is with JAMS which can be found at
https://www.jamsadr.com/

If you google CFPB credit card arbitration agreements this

is where you can look for your credit card arbitration
agreements. https://www.consumerfinance.gov/credit-
cards/agreements/

Just type in the banks name they have all of the

agreements on file. It sometimes goes back 10 years.
You can also get the arbitration agreements from the AAA
website https://www.adr.org/

Follow this flow once on AAA's website,

Practice Areas>>Consumer>> Scroll to View Registered
Consumer Arbitration Clauses>>Click View Registered
Consumer Arbitration Clauses>> Type in your information,
it’s not tracked or anything. >>Check the box and click
NEXT then search the Arbitration Agreement for your
company

To find the demand for arbitration form follow this flow

Practice Area>>Consumers>> Far right under Rules, Forms

& Fees>> The third one down is the demand letter.
This is the actual form to file for arbitration
 STEP-BY-STEP INSTRUCTIONS

1. Which party is sending in the filing documents? CHECK CONSUMER

2. Briefly explain the dispute: Breach of Contract, per our agreement

if there was ever a dispute between us that we could not resolve, it
was supposed to be resolved in arbitration. Instead of (BUSINESS
NAME) conducting themselves in accordance with the agreement
they decided to take adverse action against me and (What they did
i.e.: Close my account, sue me for a debt...).
**NOTE: DON’T GO OUTSIDE THIS BOX IF YOU GO OUTSIDE THIS BOX
YOU’RE SAYING WAY TOO MUCH.
***WE HAD A DISPUTE, YOU CLAIMED I OWED YOU MONEY IF YOU
HAD A CLAIM YO WERE SUPPOSED TO FILE A ARBITRATION AGAINST
ME SO WHY AM I IN COURT

3. Specify the amount of money in dispute, if any: $100 *** PUT HOW
MUCH MONEY YOU WANT

4. State any other relief you are seeking:

Attorney Fees Interest x Arbitration Costs Other; explain: (only check
arb cost if you pay the $200, other relief can be equitable)

5. Identify the requested city and state for the hearing if an in-person
hearing is held:
City: State:
When you request an in-person hearing put your city and your state
that the hearing is being requested in. You want it to be where you’re
located at and if the business tries to dispute it and say oh well why
can’t we do it here at our headquarters let them know ita going to be
a financial burden to you .
 STEP-BY-STEP INSTRUCTIONS

6. Please provide contact information for both the Consumer and

the Business.
Consumer:
Name: YOUR NAME
Address: YOUR ADDRESS
City: YOUR CITY YOUR STATE: YOUR STATE Zip Code: YOUR ZIP
CODE
Telephone: YOUR PHONE NUMBER
Email Address: YOUR EMAIL ADDRESS

Consumer’s Representative (if known):

YOU DO NOT NEED TO FILL ANY OF THIS SECTION OUT, SKIP IT
COMPLETELY, YOU ARE REPRESENTING YOURSELF

Business:
Name: THE BUSINESS NAME
Address: THE BUSINESS NAME
City: BUSINESS CITY YOUR STATE: BUSINESS STATE Zip Code:
BUSINESS ZIP
Telephone: BUSINESS PHONE Fax: BUSINESS FAX # ONLY IF YOU
CAN FIND IT, NOT NEEDED
Email Address: BUSINESS EMAIL IF YOU CAN FIND IT, NOT NEEDED

Business’ Representative (if known):

Name: YOU DO NOT NEED TO FILL THIS OUT, UNLESS YOU HAVE
DIRECT CONTACT WITH SOMEONE IN THEIR LEGAL DEPT.
Firm: SKIP THIS WHOLE SECTION IF YOU HAVE NOT BEEN
CONTACTED BY THEIR LEGAL DEPARTMENT

THAT’S IT YOU WILL FILL OUT THIS FORM AND ATTACH ALL OF YOUR
PAPERWORK
 STEP-BY-STEP INSTRUCTIONS

7. Send a copy of this completed form to

AAA together with: • A clear, legible copy of
the contract containing the parties’
agreement to arbitrate disputes;

• The proper filing fee (filing fee information

can be found in the Costs of Arbitration
section of the Consumer Arbitration Rules);
and
• A copy of the court order, if arbitration is
court-ordered.

8.Send a copy of the completed form and

any attachments to all parties and retain a
copy of the form for your records.

To file by mail, send the initial filing

documents and the filing fee to: AAA Case
Filing Services, 1101 Laurel Oak Road, Suite
100, Voorhees, NJ 08043.
 Checklist

FILING THE ARBITRATION :

COMPLETE AAA DEMAND FOR

ARBITRATION FORM
PRINT AND ATTACH COMPANIES
ARBITRATION AGREEMENT
ATTACH YOUR DETAILED
ARBITRATION LETTER
ATTACH PROOF OF CERTIFIED MAIL
RECEIPT
PAY FEE IF REQUIRED
KEEP A COPY FOR YOUR RECORDS -
SUPER IMPORTANT
 Checklist

WHAT TO LOOK FOR :

MAKE SURE TO HAVE ORIGINAL

ARBITRATION AGREEMENT
IS YOUR CLAIM REASON COVERED IN
AGREEMENT
WHAT IS THE MAX REWARD AMOUNT
HOW MANY ARBITRATORS CAN YOU USE
IS THE HEARING TYPE LIMITED
IS A NOTICE REQUIRED TO ARBITRATE
WHAT ARE THE FEES

NOTE: You can submit all the

documents electronically through
AAA website. But you must send a
physical letter to the creditor.
 Checklist

EVERYTHING TO SEND OR FILE YOU MIST

ALWAYS KEEP A COPY FOR YOUR RECORDS ,
KEEP DATES , TIMES , NAMES , NUMBERS ,
ADDRESSES AND RECEIPTS - 2 COPIES AT ALL
TIMES . MAKE SURE TO KEEP TRACK OF WHEN
YOU SENT ANYTHING SO YOU KNOW HOW MUCH
TIME THEY HAVE LEFT TO RESPOND . KEEP A
TIGHT WATCH ON THIS WHOLE PROCESS .
 ARBITRATION STUDY FLOW
Use this flow to construct a arbitration letter

WHAT IS YOUR MAIN ISSUE WITH CREDITOR

WHAT PROCESS DID YOU USE TO RESOLVE
ISSUE WITH CREDITOR
WHAT LAWS SUPPORT YOUR CLAIM
HOW WOULD YOU LIKE THE CREDITOR TO
RESOLVE THE MATTER
HOW LONG DID YOU WAIT FOR THE
CREDITOR TO RESPOND
HOW MUCH ARE YOU SEEKING IN
COMPENSATION
LIST ISSUES WITH COMPANY
WHEN DID YOU MAKE CONTACT WITH THE
COMPANY AND WHAT WHERE THE RESULTS
HOW HAS THE CREDITOR DAMAGED YOU
AND BE SPECIFIC ON WHAT YOUR DAMAGES
ARE
 you now have all the
information and tools needed
to successfully execute your
billing error dispute, and
discharge your debt . Once
again, do not be intimidated,
study your ass off, and build
your confidence so you are
ready for court and to fight
your case.