Stop Paying Affidavit (Template)

Affidavit & Constructive Notice of Fraudulent Debt
Collection Practices, and Demand for Correction Pending
Further Legal Actions Against Parties of Note
By Affiant Kendall Brumby
Notice made to: Citi Financial Auto
RE: Citi Financial Auto Account # 3083929401 – Andrea Huntley
 I Kendall Brumby am of the age of maturity to make this affidavit and the
facts herein
 I Kendall Brumby am mentally competent to make this Official Affidavit of
Facts for the Record
 I Kendall Brumby have personal knowledge of the facts in this affidavit
 This affidavit is made under penalties of perjury and must be responded to
by a counter affidavit within 20 days or it will stand as undisputed fact as a
matter of law
1. I give NOTICE to CEASE AND DESIST COLLECTION ACTIVITES PRIOR

TO VALIDATION OF PURPORTED DEBT, on account # 3083929401 (Andrea
Huntley).
2. Under the law, 15 USC 1692(g)(b) “the debt collector shall cease
collection of the debt, or any disputed portion thereof, until the debt
collector obtains verification…. is mailed to the consumer by the debt
collector”.
3. Pursuant to the Fair Debt Collection Practices Act, this constitutes timely written
notice that I decline to pay the erroneous purported debt. I herein discharge and
cancel in it’s entirety, without dishonor, on the grounds of lack of disclosure in
contract, breach of fiduciary duty, false representation, a violation of the truth in
lending laws, violation of the Fair Debt Collection Practices Act, and fraud.
4. U.S.C. 1692(e)(4) False or misleading representation “ The
representation or implication that nonpayment of any debt will result in
the arrest or imprisonment of any person or the seizure, garnishment,
attachment, or sale of any property or wages of any person unless such
action is lawful and the debt collector or creditor intends to take such
action.”
5. On 4/17/08 Citi Financial Auto received a Verified Affidavit of Payoff Request. I
made a good faith offer to payoff any debt that was owed upon verification of the
debt. I asked for Valley National Bank to provide the payoff amount and verify it
under penalty of perjury, to be true, correct, complete, and not misleading and
with personal knowledge. I also stated that I was expecting them to return the
unmarked, unaltered, and original promissory note.
6. Citi Financial Auto never provided VERIFICATION required by law under the
Fair Debt Collections Practices Act.
7. In order to receive full disclosure of any said contracts and the true nature of the
fraud being carried out I am demanding that you provide full disclosure as a
lawful due process requirement by and through the attached NOTICE OF
INTERROGITIVES attached as [EXHIBIT A] and incorporated herein by
reference.
8. The Freedom of Information Act, 5 U.S.C. sect. 552 (C)(I), states “Any person
making a request to any agency for records under paragraph (1), (2), or (3) of this
subsection shall be deemed to have exhausted his administrative remedies with
respect to such request if the agency fails to comply with the applicable time limit
provisions of this paragraph.”
9. I Kendall Brumby made an official offer of proof that I have lawful power of
attorney over the property of Andrea Huntley, account # 3083929401 with her
own lawful consent. This document was sent with the Verification Request.
Conclusion
I am mentally competent to make these statements of fact and I do recognize right
from wrong. If the statements herein damage anyone, if he/she/or they will inform me
by facts I will sincerely make every effort to amend my declaration to suit the truth
and facts made. I hereby and herein reserve the right to amend and make amendments
to this document as necessary in order that the truth may be ascertained and
proceedings justly determined. If the parties given notice by means of this document
have information that will controvert and overcome this affidavit advise me in written
affidavit form within 20 days from certified receipt of this document providing me
with your counter affidavit demonstrating with particularity by stating all requisite
actual evidentiary facts and all requisite actual law and not merely undetailed
irrelevant facts or inconclusive irrelevant facts of law. If the counter affidavit is
substantially and materially false and made in order to attempt to change my
authenticated status and declarations of fact by assumption, falsification of the record,
and general unlawful and illegal actions, the counter affidavit will stand as unfounded
and may be subject to penalty of perjury. Your silence stands as consent and as
implied and tacit approval of the factual declarations herein being established as fact
as a matter of law.
I Kendall Brumby declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
_______________________________
[Made pursuant to Title 28USCA Section 1746]
_________________________ _____________________________
Signature Printed Name
Notary Signature __________________________date_ ___2008
Notary Name___________________ My Commission Expires________
I, the State Notary Public attest and certify the person who signed this affidavit has
sworn on the contents herein, to be truth, the whole truth, correct, complete and not
misleading, under State Law. I am authorized to administer and oath to authenticate the
signature placed on this document. The person herein presented Photo ID to identify
him/her self before me under state laws.
Notary Seal

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Affidavit & Constructive Notice of Fraudulent Debt

Collection Practices, and Demand for Correction Pending

Further Legal Actions Against Parties of Note

By Affiant Kendall Brumby

Notice made to: Citi Financial Auto

RE: Citi Financial Auto Account # 3083929401 – Andrea Huntley

 I Kendall Brumby am mentally competent to make this Official Affidavit of

Facts for the Record

 I Kendall Brumby have personal knowledge of the facts in this affidavit

 This affidavit is made under penalties of perjury and must be responded to

by a counter affidavit within 20 days or it will stand as undisputed fact as a

1. I give NOTICE to CEASE AND DESIST COLLECTION ACTIVITES PRIOR

Notary Signature __________________________date_ ___2008

Notary Name___________ My Commission Expires

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