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How To Discharge Debts With Promissory Notes

This document provides information about using promissory notes and affidavits of truth to discharge debts. It defines a promissory note as a written promise to pay a sum of money. It also discusses what makes an instrument negotiable under the Uniform Commercial Code. The document includes a sample affidavit of truth and promissory note that can be customized and sent to creditors to discharge debts. It advises securing party creditor status through a UCC filing and serving the documents by certified mail for evidence of processing.

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100% found this document useful (21 votes)
7K views

How To Discharge Debts With Promissory Notes

This document provides information about using promissory notes and affidavits of truth to discharge debts. It defines a promissory note as a written promise to pay a sum of money. It also discusses what makes an instrument negotiable under the Uniform Commercial Code. The document includes a sample affidavit of truth and promissory note that can be customized and sent to creditors to discharge debts. It advises securing party creditor status through a UCC filing and serving the documents by certified mail for evidence of processing.

Uploaded by

scrappywildly
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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How to Discharge Debts with Promissory Notes

With a Sample Promissory Note and Affidavit of Truth

How to Discharge Debts with Promissory Notes 1


With a Sample Promissory Note and Affidavit of Truth 1
What is a Promissory Note? 2
What is a Negotiable Instrument? 3
Sample Affidavit of Truth 6
Sample Promissory Note 9
What is a Promissory Note?

​A promissory note is a financial instrument that contains a written


promise by one party (the note's maker or issuer) to pay another party (the
note's payee) a definite sum of money, either on-demand or at a specified
future date. What many don’t know about promissory notes is that they can
also be negotiable instruments when the promissory note contains a
promise to pay a certain amount without conditions. Checks, bills of
exchange, and promissory notes are all considered negotiable instruments
because the person who holds these notes can claim payment provided
that they are taken: For consideration. In good faith. This book is intended
to help you understand what a promissory note is and how you can create
your own promissory notes to remedy your alleged debts.

I personally recommend that you become a secured party creditor prior


to attempting to utilize this remedy in order to ensure your stamped UCC 1
filing provides you with further evidence of you being a creditor and not a
debtor. The UCC 1 filing is a very useful tool in regards to this process
because a successful filing gives you state-approved evidence that you are
not the al capital name known as the debtor fraudulently listed on bills.
What is a Negotiable Instrument?

​Inorder to fully understand what a negotiable instrument is and


what is legally required in order to create your own negotiable instruments,
you must read Uniform Commercial Code § 3-104.

(UCC § 3-104)

NEGOTIABLE INSTRUMENT.
(a) Except as provided in subsections (c) and (d), "negotiable
instrument" means an unconditional ​promise​ or ​order​ to pay a fixed
amount of money, with or without interest or other charges
described in the promise or order, if it:
(1) is payable to bearer or to ​order​ at the time it is ​issued​ or first
comes into possession of a holder;
(2) is payable on demand or at a definite time; and
(3) does not state any other undertaking or instruction by the
person promising or ordering payment to do any act in addition
to the payment of money, but the ​promise​ or ​order​ may contain
(i) an undertaking or power to give, maintain, or protect collateral
to secure payment, (ii) an authorization or power to the holder to
confess judgment or realize on or dispose of collateral, or (iii) a
waiver of the benefit of any law intended for the advantage or
protection of an obligor.
(b) "Instrument" means a ​negotiable instrument​.
(c) An ​order​ that meets all of the requirements of subsection (a),
except paragraph (1), and otherwise falls within the definition of
"check" in subsection (f) is a ​negotiable instrument​ and a ​check​.
(d) A ​promise​ or ​order​ other than a ​check​ is not an ​instrument​ if, at
the time it is ​issued​ or first comes into possession of a holder, it
contains a conspicuous statement, however expressed, to the
effect that the promise or order is not negotiable or is not an
instrument governed by this Article.
(e) An ​instrument​ is a "note" if it is a ​promise​ and is a "draft" if it is
an ​order​. If an instrument falls within the definition of both "note"
and "draft," a ​person entitled to enforce​ the instrument may treat it
as either.
(f) "Check" means (i) a ​draft​, other than a documentary draft,
payable on demand and drawn on a bank or (ii) a ​cashier's check
or ​teller's check​. An ​instrument​ may be a ​check​ even though it is
described on its face by another term, such as "money order."
(g) "Cashier's check" means a ​draft​ with respect to which the
drawer​ and ​drawee​ are the same bank or branches of the same
bank.
(h) "Teller's check" means a ​draft​ drawn by a bank (i) on another
bank, or (ii) payable at or through a bank.
(i) "Traveler's check" means an ​instrument​ that (i) is payable on
demand, (ii) is drawn on or payable at or through a bank, (iii) is
designated by the term "traveler's check" or by a substantially
similar term, and (iv) requires, as a condition to payment, a
countersignature by a person whose specimen signature appears
on the instrument.
(j) "Certificate of deposit" means an ​instrument​ containing an
acknowledgment by a bank that a sum of money has been
received by the bank and a ​promise​ by the bank to repay the sum
of money. A certificate of deposit is a ​note​ of the bank.
Sample Affidavit of Truth

IN THE STATE OF ​XXXXXXX


IN THE COUNTY OF ​XXXXXX

AFFIDAVIT OF TRUTH
NOTICE OF STATUS AS SECURED PARTY CREDITOR
NOTICE IN SUPPORT OF PROMISSORY NOTE

To: Alleged holder-Creditor/Company


P.O. Box XXXXXX
XXXXXX XX XXXXX-XXXX

From: John Doe (Secured Party Creditor)


XXX East Street Drive
XXXXXXXXX, XX [XXXXX]

I, John Doe make oath and depose the following facts:

I am contacting you in order to provide you with lawful notice that I, John Doe am not
“JOHN DOE.” I am the Grantor and Executor of the JOHN DOE estate (​ssn-xx-xxxx​). I
am a Secured Party Creditor who has also provided a copy of my UCC 1 reflecting
proof of status change and collateral section which possesses HJR 192 remedy to
discharge all debts. ​Public Law: "Chap. 48, 48 Stat. 112"​ under ​HJR 192​ is a legal
remedy​ which in part states that ​the Federal Government will discharge all of my
debts​, ​public and private, dollar for dollar​. Account #XXXXXXXXXXXXXX began
with a financed total of $X and now has a remaining balance of $X which I require
discharged so, I accept for value the remaining balance of $X on the date of XX/7/XXXX
and consent to you trading this promissory note on any applicable stock market in order
to settle the remaining balance aforementioned. I hereby voluntarily authorize my
signature to create the credit to balance the accounting and show good faith of the
receiver of the attached note. This is in compliance with UCC § 3-311(a). Also, attached
is a copy of the UCC 1 financing statement evidencing my status as Secured Party
Creditor. Please update your records to reflect such. Any lien on the vehicle is expected
to be lifted upon receiving this notice and the acceptance of the attached promissory
note. Any title or other associated documents are also expected to be forwarded to me
as soon as possible. Promissory note is deemed as accepted and alleged debt paid in
full if promissory note is not returned to John Doe within 7 days from servicing date.
Original note signed in blue ink to avoid copies being traded or monetized in any
manner.

I, John Doe certify under the penalty of perjury that all information provided herein is
true and accurate to the best of my ability and knowledge.

UCC 1-308 All Rights Reserved - Without Prejudice


X__________________________________ (Secured Party Creditor)

Sworn to (or affirmed) and subscribed before me this _____ day of _____, _____, by
flesh and blood living man ​John Doe​, who made a special appearance before me,
providing proof of secured party creditor status gave oath and attested to the
aforementioned. I, also, witnessed John Doe send a promissory note in the amount of
$X to ___________________(Holder) via Certified mail requiring a signature upon
delivery.

_________________________
Notary name

__________________________ Date: _____/_____/XXXX


Notary Signature

Seal
​Once you complete your Affidavit of truth and get it notarized, it will
basically be your cover letter/legal notice and evidence of the fact you sent
the notarized affidavit and promissory note to the holder or holder in due
course. It is recommended that you serviced this affidavit and the
promissory note to the holder or holder in due course via certified mail
requiring a signature for evidence of proof of process of service and
acceptance of the promissory note as well as proof of failure of the holder
or holder in due course to rebut the affidavit of truth which accompanied the
promissory note. Be advised, whomever you send this promissory note
only has 7 days to return it or it is considered accepted and the alleged
obligation is terminated.
Sample Promissory Note
​ The promissory note is very easy to fill out. You can create your own
promissory note number at the top of the promissory note. Your ID number
located on your state ID can be listed on the promissory note where it
states “ID number.” Some have listed their social security number where it
says ID number on the promissory note and have still had success utilizing
this method to discharge their debts.​ ​If you require a promissory note and
affidavit of truth to discharge your debts, send an email to
[email protected]​.

You can use these promissory notes to pay tickets, fines, mortgage
debts, credit card debts, student loan debts, child support arrears, and
much more.

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