This Legal Notice and Demand is to be sent to a bank or financial
institution who has received a Notice of Levy from the IRS requesting that they levy bank
assets. It requests that they idenfity any evidence that one's due process rights
have been waived.
Certified U.S. Mail
[mailing location]
Serial Number #P xxx xxx xxx
[city],[state]
Return Receipt Requested
(zip code exempt)
Restricted Delivery Requested
[today's date]
LEGAL NOTICE AND DEMAND
[bank officer]
[name of bank]
[address]
[city], [state]
Dear [bank officer]:
Please provide me with certified copies of all
documentary
evidence currently in your bank's possession or control that
[customer] waived the fundamental Right to due process of Law, as
guaranteed by the Fifth Amendment in the Constitution for the
United States of America, as lawfully amended, by
means of
knowing, intentional, and voluntary acts done with sufficient
awareness of the relevant circumstance and likely consequences.
See Brady v. U.S., 397 U.S. 742 at 748 (1970). Please also take
formal notice of the U.S. Supreme Court holding that waivers of
fundamental Rights will not be presumed, to wit:
... [A]cquiescence in loss of fundamental rights will not be
presumed.
[Ohio Bell v. Public Utilities Commission]
[301 U.S. 292]
If you do not provide said evidence to
[customer] on or
before 5:00 p.m. on Friday, [mm/dd/yy], [customer] shall
be
entitled to proceed on the basis of the conclusive presumption
that there is no such evidence currently in your possession or
control, and that [customer] never waived the fundamental Right
to due process of law, as guaranteed by the Fifth Amendment in
the Constitution for the United States of America, as lawfully
amended (hereinafter "U.S. Constitution").
Thank you very much for your consideration. We
appreciate
your timely and dutiful cooperation with this Legal Notice and
Demand. Please don't forget your deadline, as shown in
the
preceding paragraph.
Sincerely yours,
[signature of customer]
___________________________________
[name of customer]
All rights reserved without prejudice, UCC 1-207
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