The affidavit is intended ot be sent to a bank or financial institution
after you have sent them the Legal Notice Requesting 5th Amendment Waiver Evidence and
they have refused to respond.
Certified U.S. Mail
Serial Number #P xxx xxx xxx
Return Receipt Requested
OF DEFAULT AND
ESTOPPEL BY ACQUIESCENCE
[name of bank]
Dear [bank officer]:
We, the Undersigned, hereby serve upon you Our AFFIDAVIT OF
DEFAULT to establish presumed fact concerning your failure to
produce competent evidence that We, as customers of your bank,
ever waived Our fundamental Right to due process of law,
guaranteed by Amendment V to the Constitution for the United
States of America, as lawfully amended
Constitution"). The U.S. Constitution is the supreme Law of this
Land, pursuant to Article VI, Clause 2. The constitution of this
state also recognizes that the U.S. Constitution is the supreme
Law of this Land.
On [mm/dd/yy1], We presented to you Our
NOTICE AND DEMAND for production of any and
evidence, currently in your possession or control,
knowing, intentional, and voluntary waiver(s) by Us of
fundamental Right to due process of law. As stated
previous written communications to you, waivers of fundamental
Rights must be knowing, intentional, and voluntary acts, done
with sufficient awareness of the relevant circumstances
likely consequences. See U.S. v. Brady, 397 U.S. 742
(1970); U.S. v. O'Dell, 160 F.2d 304 (6th Cir. 1947).
Said NOTICE AND DEMAND gave you reasonable notice and grace
to locate and produce the requisite evidence of any such waivers.
The deadline for production of said evidence was [mm/dd/yy2].
You have served absolutely nothing upon Us which
considered as a good faith and diligent attempt by you to respond
to Our lawful and reasonable NOTICE AND DEMAND within the stated
Accordingly, We now invoke the doctrine
of estoppel by
acquiescence, because we can prove that your previous fiduciary
contract with Us imposes upon you a legal and a moral duty to
answer, and your silence can now be construed as
"Silence can only be equated with fraud where there is a legal or
moral duty to speak or where an inquiry left unanswered would be
intentionally misleading." See U. S. v. Tweel, 550 F.2d 297, 299
(1977), emphasis added, quoting U.S. v. Prudden, 424 F.2d 1021,
1032 (1970). See also Carmine v. Bowen, 64 A. 932 (1906).
We, the Undersigned, hereby verify,
under penalty of perjury, under the laws of the United States of America, without
the "United States", that the above statements of fact are true
and correct, to the best of our current information, knowledge,
and belief, so help Us God, pursuant to 28 U.S.C. 1746(1).
Further Affiants Sayeth Naught.
Executed on [mm/dd/yy3]
[signature of first Person]
[typed name of first Person]
[signature of second Person]
[typed name of second Person]
[signature of third Person]
[typed name of third Person]
All rights reserved without prejudice, UCC 1-207