The power of a record between the parties is often under-estimated. It will be this record that expresses agreement and can be used to enforce performance of a party.
This comprehensive public side example below, is based on the original 3 step process that utilises a 3rd party presenter (see here for more info on the 3rd party presenter) in order to create an enforceable authenticated record between the parties. In this major update, the 3rd party presenter has a lot more focus in the record keeping process and issues an Administrative Judgement at the end of Step 3 as well as additional steps (not all complete):
- 3 Step Process – x3 Notices (enhanced)
- Step 3.1: Enforcement – Cease and Desist (new)
- Step 3.2: Sheriff Already Engaged – Conditional Acceptance of Offer (new)
- Step 3.3: Election to go to court (new)
- Step 4: In Court as the Defendant (new)
The document link below is a ODT format for LibreOffice (free to download). The automated fields will not work in Microsoft Office. Whilst the document may look complex, it covers all the necessary steps to gain agreement with an opposite party and is quite simple once you understand the flow of the process, hence the diagram below. Note: Do not save the document in any other format except for the default ODT format – otherwise the automated fields will not work.
The real focus of the template is for one to better comprehend due process and the steps involved in obtaining a record between the parties. The real working section of the process is the Affidavit of Negative Averment. The focus here is to place the onus of proof on the opposite party so you may find the Affidavit a little unusual in it’s wording. Always Remember – You can prove nothing.
NOTE: This is a draft, and there are some incomplete sections. Click on the link below to access the document. Do not forward or share with others.